Regulating digital accessibility & encouraging compliance

Clive HoldsworthHead of DigitalJune 28 2011

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The legal context

The Equality Act 2010

•Discrimination – direct & indirect

Disabled users should not be put at a ‘substantial disadvantage’ compared to non-disabled users

• Must employ ‘Reasonable adjustments’

• Public Sector Equality Duty

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EHRC Sources of information

• Statutory Codes of PracticeLegal status - can be used in court & includes

some examples Web accessibility falls within Employment &

Services Codes• Non-Statutory Guidance (NSG)

No legal status in court – guidance only but easy to use and has lots of examples

• Digital Accessibility NSG (Late Summer 2011)• Forthcoming eLearning & qualification

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Codes & Guidance on EHRC site

http://www.equalityhumanrights.com/advice-and-guidance/new-equality-act-guidance

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Principles & application 1

• All people, irrespective of race, religion, gender, age, disability, sexuality or transgender status should be provided with equality of opportunity

• Poor web accessibility means an organisation can be prosecuted for unlawful discrimination

• EHRC has powers to take action directly against organisations who don’t comply as well as support legal complaints from individuals

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Principles & application 2

• UK law does not reference WCAG or other web guidelines – only a court can decide if a website complies or not

• Conforming to a particular level of WCAG does not necessarily make a web site compliant

• Key factor is whether disabled users can access & use the site without unreasonable difficulty – Relevant factors: time, inconvenience and effort

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Legal example from Canada

• Canadian government recruits only through its website

• Donna Jodham, a blind accessibility consultant, sued as she was unable to apply for a job

• Online recruitment process was judged inaccessible so court ruled against it

• Canadian Government have appealed but still seen as landmark ruling

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Digital Accessibility – Web Essentials• e-Learning course to provide background and

guidance on web accessibility• Developed by EHRC with AbilityNet and BCS• Four topics – What is it, Why do it, How to do it,

How to measure it• Targeted at web owners, web designers and web

design educators/trainers• Entry level but can lead to optional qualification• Anounced & demo’d at eAccess ‘11• Available at low cost Autumn 2011

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Digital Accessibility – Web Essentials

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Recommended ways to achieve compliance • Test with Disabled Users – even a DIY approach

can work well (Steve Krug – Rocket Surgery Made Easy)

• Adopt a user-centred & documented process as advocated in BS8878

• Use the One Voice Seven steps http://www.onevoiceict.org/tools/tools/seven-steps

• Use Automated Test Tools & Expert Reviews• Professional Accessibility Audits • Take the Digital Accessibility Web Essentials

course & get the qualification

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Questions, comments?

Clive HoldsworthHead of Digitalclive.holdsworth@equalityhumanrights.com

Enquiries on Digital Accessibility-Web Essentials eLearningaccessibility@abilitynet.org.uk