Navigating Next Steps After Accessibility Litigation Settlements
Take These Actions After Settling an Accessibility Lawsuit
Determining what to do once an accessibility-related action has been finalized can be challenging. Actions taken by the Office of Civil Rights (OCR), Department of Justice, or through other sources of litigation are stressful for organizations that are frequently unprepared for the next steps.
To meet the terms of the agreement efficiently and effectively, you should prioritize the establishment of a structured plan that addresses the requirements systematically. Here’s a step-by-step approach to get started:
- Establish a Task Force or Working Group: Form a dedicated team that includes key stakeholders from different departments, such as IT, web development, legal, and accessibility experts. This group will be responsible for overseeing the implementation of the agreement terms.
- Conduct an Initial Assessment: Evaluate your current website and online content to identify areas that are not in compliance with accessibility standards. This action should involve automated and manual testing and can benefit from engaging industry experts specializing in accessibility auditing.
- Develop a Strategy for Identifying Inaccessible Content: Based on the initial assessment, create a comprehensive strategy outlining how to audit and identify inaccessible content and functionality regularly. This strategy should include timelines, responsibilities, and the methods/tools to be used for assessment.
- Create and Implement an Accessibility Statement: Draft a clear and concise notice for persons with disabilities on how to request access to online information or functionality. Ensure this notice is easily accessible from the home page and throughout the website, providing contact information for accessibility requests or feedback. The W3C has provided guidance on creating an Accessibility Statement, and Accessibility in the News has comprised a significant list of sites with Accessibility Statements.
- Develop a Process for Expedient Accessibility Requests: Establish a standardized process to ensure that, upon request, inaccessible content and functionality are made accessible in a timely manner. This should include a system for tracking requests, implementing changes, and communicating with the requester throughout the process.
- Plan for New Online Content and Functionality: Develop a detailed plan to ensure that all new online content and functionality will be accessible. This plan should cover online materials’ development, procurement, and use, being sure to incorporate accessibility considerations from the outset. It should also include necessary staff training on accessibility standards and best practices.
- Address Undue Burden and Fundamental Alteration: Prepare a procedure to assess and document any situations where making specific content accessible would result in an undue burden or fundamentally alter the nature of a service, program, or activity. This procedure should outline how to explore alternatives to ensure that individuals with disabilities receive the benefits or services to the maximum extent possible.
- Prepare for Reporting: Set up a system for tracking progress, including benchmarks reached and ongoing efforts. This will facilitate the preparation of the required report demonstrating compliance with any agreement or resolution terms.
- Continuous Education and Training: Implement ongoing training programs for staff involved in website content management, development, and procurement to ensure they are aware of accessibility standards and the importance of compliance.
Starting with these steps can help ensure a structured approach to meeting the agreement’s terms, improving accessibility, and providing an inclusive online environment for all users.
Legal disclaimer: The views expressed in this article do not represent legal advice. Microassist team members are not attorneys, and Microassist does not provide legal advice. Please consult your attorney for specific legal advice.
Accessibility Governance and Program Management Services
Microassist excels at helping organizations craft and implement comprehensive accessibility programs. As a mature accessibility consulting company, our specialized teams can work with you at any stage in program development. This includes assisting with strategic pieces such as governance structures, policies, and procedures, as well as tactical assistance such as technical audits and consulting. In short, Microassist has a complete end-to-end consulting practice that can assist an organization in achieving its goals.
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