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King County OCRE - Accessible Web Sites - Overview

King County Office of Civil Rights Enforcement
ACCESSIBLE WEB SITES - OVERVIEW

Yesler Building, 400 Yesler Way, Room 260
Seattle, Washington 98104-2628 MS: YES-IA-0260
206-296-7592 Voice 206-296-7596 TTY 206-296-4329 Fax
civil-rights. OCRE@metrokc.gov kcweb.metrokc.gov/dias/ocre/discompl.htm

Legal Issues and Enforcement

The U.S. Department of Justice (DOJ) is responsible to enforce the Americans with Disabilities Act of 1990, title II - State and Local Government. Government web sites are viewed by the DOJ as a program or service, just as public health services or parks programs or selling vehicle licenses. Barriers to web site access may be viewed as discriminatory based on disability, as they preclude equal access and opportunity to participate and benefit.

Applicable disability access laws

The Americans with Disabilities Act of 1990
The Rehabilitation Act of 1973, Section 504
Washington State Law Against Discrimination, RCW 49.60

Currently, there is no case law applying ADA title II to web sites. However, the DOJ refers to policy letters and several key Letters of Resolution by the US Department of Education, Office of Civil Rights (OCR). The Internet and web sites have clearly been identified as a program or service of public entities, and therefore must be accessible to people with disabilities.

Potential Barriers to Accessibility

A few examples ...

  • Visual disabilities. Individuals who are blind or have low vision may use "screen reader" software that requires information be presented in a certain kind of textbased format. Screen readers actually scan the screen and "voice" its content to the user. Graphics are not accessible; they need to be described in text. Font style and size, color and contrast are also key issues.
  • Hearing disabilities. Individuals who are deaf or hard of hearing may not be able to hear audio clips. Captions should be provided so the deaf user has equal access to information being provided.
  • Learning disabilities. Unorganized, inconsistent, and cluttered screens; or descriptions and instructions that are unclear can present barriers to access.
  • Mobility disabilities. Individuals may not be able to use a mouse and rely on the keyboard for Web browsing, larger buttons or more space between links.
  • Use of slow connections and modems. Users will be unable to download large files. Users with older systems and/or software may opt to use text-based browsers.

Key Legal Terms

Equally Effective Communication. Under Title II of the Americans with Disabilities Act of 1990 (ADA), public entities are required to ensure "equally effective communication" of information to all individuals served, including qualified individuals with disabilities. Web sites are sources of information, and may provide points of interaction for services ("e-commerce"). Key to web sites are the immediacy of information and transactions, and independence of navigation. Offering alternate formats, for example, may not constitute "equally effective communication."

Undue Hardship. An entity may not have to provide accommodations or modifications to its programs if it can demonstrate that providing them will result in "undue hardship," i.e., "financial or administrative burden," or a "fundamental alteration" of the nature of its program or activity. Regarding most elements of a web site, the technology exists and is commercially available to facilitate accessibility. Because of this, coupled with the overall resources of a government entity, the defense of "undue hardship" may not be available should a complaint or lawsuit be filed. Undue hardship is very difficult for a large public entity to demonstrate.

Summary

Historically, King County has demonstrated a strong commitment to accessibility of its facilities, programs, services, and activities to people with disabilities, sometimes exceeding the specific requirements of the law. Web sites provide another opportunity for King County to demonstrate its commitment to accessibility of all its programs and services to people with disabilities.

The issue of effective access to information is not only one of compliance with disability access laws, but one of working to ensure the broadest possible King County audience may be reached. By making King County web sites accessible to people with disabilities, these sites will be more accessible and usable by all visitors to the sites.