On May 30, 2012, the Federal Court of
Appeal upheld a legally blind
woman’s 2010 legal victory
over the federal government, ordering the government to make its websites
accessible to blind persons. It may not be a case under the Accessibility for Ontarians with Disabilities Act (AODA), but it does show us how
website accessibility matters and has an impact on promoting accessibility for
persons with disabilities.
The Federal Court of
Appeal ruling reaffirmed that the inaccessible federal government websites
violated Donna Jodhan’s constitutional equality rights under the Canadian
Charter of Rights and Freedoms. More specifically, with its
inaccessible websites, the federal government denied Jodhan equal access to,
and benefit from, government information and services provided online to the
public on the Internet, and this constituted discrimination against her on the
basis of her blindness. Therefore, she has not received the equal benefit of
the law without discrimination based on her physical disability and that
constitutes a violation of subsection 15(1) of the Charter.
What does this ruling
mean for promoting web accessibility?
This case has major implications,
highlighting the importance of access to the Internet for all persons with
disabilities. It also indicates that information provided in alternative
formats is not necessarily sufficient, particularly if a user can’t access it
in a similar time frame. If Canadians who are blind or have low vision (regardless
of their ability to use a screen reader) are not offered accessible Internet
content like those without a disability, they are at a disadvantage.
Chances are disability advocates and people
with disabilities will continue to demand accessible information. For
organizations that do not comply, expect a challenge.
In Ontario, the
Information and Communication Standard under the Integrated
Accessibility Standards Regulation states that websites and
content will conform to the World Wide Web Consortium Web Content Accessibility
Guidelines (WCAG) 2.0 at Level A and AA,
with the exclusion of live captions and descriptive audio interpretation.
Courts may consider this decision a
precedent beyond the federal government. Organizations in Ontario (under the
AODA)—and across the country—should think about these factors:
· Alternative formats
to provide important information, with or without aid from a representative,
cannot match equal rights to receive information as quickly and privately as
another person when the information is readily available to the public
· The standards are not
finished, and they clearly will not make Ontario accessible by the year 2025 if
new standards are not developed and released soon
· People with
disabilities do not have to wait for the AODA and standards to make equality
rights a reality; that is, they may already challenge an organization or
individual that they believe has discriminated against them
· This case affects how
information and communications on the Internet are delivered nationally, and is
not limited to the province of Ontario
Your organization should:
1. Train staff to
produce accessible information and communications now.
2. Beat the goal in the Integrated
Accessibility Regulation and
use 15 months as the time to deliver accessible Internet content.
3. Grab the
accessibility Internet consultants that are available because supply is not as
high as demand. If you wait, you may pay more to educate staff and to make your
Internet communications accessible. The earlier everyone involved produces
accessible information and communications, there will be less to fix later. It
costs less to do something right the first time than to fix a problem.
4. Take note, in the Integrated
Accessibility Regulation, only
the government is obliged to make intranet sites accessible. If your intranet
sites are not accessible you may:
o
See a standard released in the next few years to correct this
issue
o
Be taken to court because a person who is blind or has low
vision or low mobility is not provided equal opportunity for employment and
advancement at the workplace
5. Focus on any
information vital for the well-being of persons with a disability, or for
providing equal opportunity. An example is your organization’s capacity to
advertise work positions and receive responses in an accessible manner. If you
use an advertising agency to promote your open job positions, ensure they are
taking the steps now to become accessible.
6. Focus on alternative
formats that protect privacy and allow users to access information in a timely
manner. In the present case, Jodhan required outside assistance to obtain
information verbally or on paper. Braille is considered as the appropriate
alternative format if she received information on paper. However, Braille is
not the only format because there are many people who are Blind or have low
vision who do not know how to read Braille. Ask the customer for the preferred
method to communicate, do your best to comply and avoid a reliance on staff to
relay information verbally. Remember, if you provide information and methods to
interact with your organization via the Internet, no alternative format can
compete with these online services.
If your IT departments or personnel are not
taking the AODA seriously, consider sensitivity-awareness training. Also,
consider letting staff know this is the future of IT and if staff wants to
remain relevant they will have to learn to develop accessible content with
style. Just because you provide accessible content, it does not mean your
website will be boring. Staying within the guidelines will reap rewards of
reaching a wider audience, and accessible Internet communications can be just
as elegant as your desired image.
If you are interested in learning more about Accessibility
for Ontarians with Disabilities Act (AODA) or how to make accessibility a
natural part of your business through the application of Corporate Social
Responsibility, please contact Sandra Broekhof @ 416-579-1035 or sandra_broekhof@sympatico.ca or visit www.accessibilitycompliance.ca
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