[NFBMT] Fact Sheet: Twenty-first Century websites and Applications Accessibility Act, 3 of 4

Wed Jan 19 11:30:06 UTC 2022

Twenty-First Century Websites & Applications Accessibility Act

Issue-Websites are required by law to be accessible, but without implementing
regulations, most businesses and retailers have little understanding of what
accessible means.

Websites and mobile applications are an essential part of modern living. More
than 313 million Americans use the internet,
<https://nfb.org/programs-services/advocacy/washington-seminar/washington-sem
inar-priorities/twenty-first-century#a1> 1 and 81 percent of Americans say
that they access the internet at least once each day.
<https://nfb.org/programs-services/advocacy/washington-seminar/washington-sem
inar-priorities/twenty-first-century#a2> 2 The need to access websites and
mobile applications doesn't stop when it reaches Americans with disabilities.
According to the American Community Survey, conducted by the United States
Census Bureau, there are approximately forty million Americans who currently
have a disability.
<https://nfb.org/programs-services/advocacy/washington-seminar/washington-sem
inar-priorities/twenty-first-century#a3> 3 Based on the numbers above, it is
more than reasonable to assume that the vast majority of them are trying to
use websites and mobile applications.

The Department of Justice announced its intention to publish accessible
website regulations more than a decade ago. On July 26, 2010, the twentieth
anniversary of the passage of the Americans with Disabilities Act (ADA), the
government published an advance notice of proposed rulemaking to address
website accessibility.
<https://nfb.org/programs-services/advocacy/washington-seminar/washington-sem
inar-priorities/twenty-first-century#a4> 4 After that initial announcement,
no further action was taken to substantially advance website accessibility.
Without regulations in place, blind and disabled Americans are not reliably
able to electronically access businesses, apply for jobs, and work at places
due to the barriers created by inaccessible websites and mobile applications.

The past few years have seen a significant increase in the prevalence of
so-called "click-by" lawsuits. Accessibility is readily achievable, but many
businesses that are required by law to make their websites accessible claim
to have no clear-cut definition of what "accessible" actually means.
Meanwhile, people with disabilities must cope with inaccessible websites. ADA
Title III lawsuits, which include website accessibility suits, hit record
numbers in 2019, topping 11,000 for the first time.
<https://nfb.org/programs-services/advocacy/washington-seminar/washington-sem
inar-priorities/twenty-first-century#a5> 5 The number of lawsuits has been
increasing steadily since 2013, when the figure was first tracked.
<https://nfb.org/programs-services/advocacy/washington-seminar/washington-sem
inar-priorities/twenty-first-century#a6> 6 Businesses yearn for a clear
definition of accessibility standards and to be able to expand their
potential customer pool to consumers they were not reaching before.

Solution-Twenty-First Century Websites & Applications Accessibility Act will:

Direct the US Access Board to promulgate accessibility guidelines. The US
Access Board will have six months following the enactment of the legislation
to issue a notice of proposed rulemaking regarding website and mobile
application accessibility, then an additional six months to issue the final
rule.

Promulgate guidelines that strive to harmonize with Section 508 standards.
The Section 508 standards promulgated by the US Access Board on January 18,
2017, are established regulations for website and technology accessibility.
Therefore, the guidelines promulgated by the Access Board should harmonize
with these standards.

Authorize the Department of Justice and the Equal Employment Opportunity
Commission to investigate the accessibility of websites and mobile
applications. Either of its own volition or via a logged complaint pertaining
to inaccessibility, the Department of Justice and the Equal Employment
Opportunity Commission will have the authority to investigate accessibility
concerns and commence civil action if necessary.

GOAL-END WEBSITE AND MOBILE APPLICATION INACCESSIBILITY FOR BLIND AMERICANS.

Cosponsor the Twenty-First Century Websites & Applications Accessibility Act
when introduced.

For more information, contact:
Jeff Kaloc, Government Affairs Specialist, National Federation of the Blind
Phone: 410-659-9314, extension 2206
Email:  <mailto:jkaloc at nfb.org> jkaloc at nfb.org
 <https://www.nfb.org/> www.nfb.org

1.	Statista. "Countries with the highest number of internet users as of
December 2019." June 2020.
<https://www.statista.com/statistics/262966/number-of-internet-users-in-selec
ted-countries/>
https://www.statista.com/statistics/262966/number-of-internet-users-in-select
ed-countries/  
2.	Andrew Perrin & Madhu Kumar. "About three-in-ten U.S. adults say they
are 'almost constantly' online." July 25, 2019.
<https://www.pewresearch.org/fact-tank/2019/07/25/americans-going-online-almo
st-constantly/>
https://www.pewresearch.org/fact-tank/2019/07/25/americans-going-online-almos
t-constantly/
3.	United States Census Bureau, American Community Survey. "The number
of non-institutionalized, male or female, all ages, all races, regardless of
ethnicity, with all education levels in the United States reported a
disability in 2018." Compiled by Cornell University.
<https://www.disabilitystatistics.org/reports/acs.cfm?statistic=1>
https://www.disabilitystatistics.org/reports/acs.cfm?statistic=1
4.	Federal Register. "Nondiscrimination on the Basis of Disability;
Accessibility of Web Information and Services of State and Local Government
Entities and Public Accommodations." July 26, 2010.
<https://www.federalregister.gov/documents/2010/07/26/2010-18334/nondiscrimin
ation-on-the-basis-of-disability-accessibility-of-web-information-and-service
s-of-state>
https://www.federalregister.gov/documents/2010/07/26/2010-18334/nondiscrimina
tion-on-the-basis-of-disability-accessibility-of-web-information-and-services
-of-state
5.	Minh Vu, Kristina Launey, & Susan Ryan. "2019 Was Another
Record-Breaking Year for Federal ADA Title III Lawsuits." February 20, 2020.
<https://www.adatitleiii.com/2020/02/2019-was-another-record-breaking-year-fo
r-federal-ada-title-iii-lawsuits/>
https://www.adatitleiii.com/2020/02/2019-was-another-record-breaking-year-for
-federal-ada-title-iii-lawsuits/
6.	Ibid.

Joy Breslauer, Advocacy and Public Policy

National Federation of the Blind of Montana 

Web Site: http://www.nfbofmt.org <http://www.nfbofmt.org/> 

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