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Though your League is not yet aware of any Maine CUs that have been targeted with letters alleging claims of failure to comply with the American with Disabilities Act (ADA) and website accessibility, the number of CUs across the country that have received demand letters continues to surge. Todd Mason, President of the Maine CU League, called news that the Department of Justice (DOJ) was rescinding two Advanced Notices of Proposed Rulemaking (ANPRM) related to website accessibility under Title II of the ADA applicable to state and local governments and under Title III applicable to private businesses open to the public "a good first step in what will, hopefully, be clarity for our credit unions on this issue."
In 2010, the DOJ issued the proposal concerning how the ADA applies to website accessibility. Since this regulation was considered but never finalized, credit unions and other businesses are seeing a drastic increase in frivolous demand letters alleging claims of failure to comply with the ADA. The lack of clarity has also allowed courts to take liberties in their interpretations of required standards for website accessibility.
In reference to its decision to withdraw the rule, the DOJ stated that it is, "evaluating whether promulgating regulations about the accessibility of Web information and services is necessary and appropriate. Such an evaluation will be informed by additional review of data and further analysis. The Department will continue to assess whether specific technical standards are necessary and appropriate to assist covered entities with complying with the ADA."
While the DOJ conducts further research on this matter, your League and CUNA are providing the following ADA compliance checklist to help credit unions with compliance:
ADA Compliance Checklist
- Images have alternate text that can be read by screen reader software.
- Recorded video content includes captions.
- Video or audio-only content is accompanied by text transcript or description.
- Links are provided to media players required to view content.
- Headings are presented in logical order.
- “b” and “i” tags are replaced with “strong” and “em.”
- There are no empty links or heading tags.
- Presentation does not rely solely on color.
- Automatically-played audio does not occur or can be stopped.
- The keyboard can be used to navigate the site.
- Keyboard focus is never stuck on one particular page element.
- Time limits provide notifications to the user.
- Automatically scrolling or blinking content can be stopped.
- No strobe effects or rapidly flashing colors occur on the site.
- “Skip navigation” functionality allows keyboard users to quickly access content.
- Page titles clearly and succinctly describe page content.
- Buttons and links are clearly and logically named.
- The language of each page is identified in code.
- Elements receiving focus do not change content in a substantial way.
- Invalid form input is identified to the user.
- Forms have labels and legends that can be read by screen reader software.
- Live video or audio content includes captions.
- Contrast ratio between text and page backgrounds is at least 4.5:1 for normal text and 3:1 for large text.
- Text on pages can be resized to 200% while still maintaining form.
- Images are not used where text can achieve the same purpose.
- Pages on the site can be accessed in multiple ways.
- Keyboard focus is visible and clear.
- Menus and buttons are used consistently regardless of the user’s location in the site.
- Users are given suggestions on how to solve input errors.
- An error prevention technique is used whenever the user is entering sensitive data.
- Underlined text that does not provide a link is removed.
- Redundant links on the same page are eliminated or minimized.
Mason said that any Maine CU that receives a demand letter should contact their bond insurer as well as inform your League. "We will provide whatever assistance we can to Maine credit unions that receive a letter, and CUNA Mutual Group, one of your League's partners, also has some great resources for credit unions."
Resources:
Web Content Accessibility Guidelines 2.0