Digital accessibility is no longer optional for workplaces. With more business functions moving online, employers must ensure their digital resources are accessible to all employees, including those with disabilities. However, many businesses struggle to understand exactly what the ADA requires and how to implement effective solutions.
In this guide, we’ll break down digital accessibility requirements in plain language and provide actionable steps to bring your workplace technology into compliance. You’ll learn what standards apply, how to identify common barriers and practical ways to address them before they lead to legal issues.
Disclaimer: This article provides general information for informational purposes only and should not be considered a substitute for legal advice. It is essential to consult with an experienced employment lawyer at our law firm to discuss the specific facts of your case and understand your legal rights and options. This information does not create an attorney-client relationship.
What Digital Accessibility Means Under the ADA
The Americans with Disabilities Act (ADA) never explicitly mentions websites, apps, or digital resources. This is because Congress passed the law in 1990 before digital technology became central to the workplace. Nevertheless, courts have consistently interpreted the ADA to cover digital accessibility.
Under Title I of the ADA, employers must provide reasonable accommodations to qualified employees with disabilities. Furthermore, employers cannot discriminate in any aspect of employment, including training, advancement opportunities, and workplace tools.
When digital resources like company intranets, training platforms, or productivity software aren’t accessible, they effectively exclude employees with disabilities from equal workplace participation. This can constitute discrimination under the ADA.
However, many employers ask: “What exactly makes a digital resource accessible?”
Essential Digital Accessibility Standards for Employers
While the ADA itself doesn’t specify technical standards, most courts and the Department of Justice reference the Web Content Accessibility Guidelines (WCAG) as the benchmark for compliance. Currently, WCAG 2.1 Level AA is considered the standard for accessibility.
But what does this mean in practical terms? Here are the four key principles that guide digital accessibility:
1. Perceivable: Information must be presentable to users in ways they can perceive.
- Text alternatives for non-text content (images, charts, videos)
- Captions for videos and audio descriptions
- Content that can be presented in different ways without losing meaning
- Color isn’t used as the only means of conveying information
2. Operable: User interface components and navigation must be operable.
- All functionality available from a keyboard
- Users have enough time to read and use content
- No content designed to cause seizures
- Ways to help users navigate and find content
3. Understandable: Information and operation must be understandable.
- Text is readable and understandable
- Content appears and operates in predictable ways
- Users are helped to avoid and correct mistakes
4. Robust: Content must be robust enough to work with various user tools.
- Compatible with current and future user tools, including assistive technologies
Common Digital Barriers in the Workplace
Understanding what constitutes a barrier is the first step toward removing it. Here are some of the most common digital accessibility issues in workplaces:
Internal Communication Systems
Company intranets, email platforms, and messaging systems often present barriers when they:
- Lack keyboard navigation options
- Don’t work with screen readers
- Use color alone to flag message importance
- Contain inaccessible attachments
Training Materials and Documentation
Employee handbooks, training videos, and e-learning platforms frequently contain accessibility barriers:
- Uncaptioned videos
- Training platforms that require mouse navigation
- PDF documents without proper structure for screen readers
- Interactive elements that can’t be operated by keyboard
Productivity and Specialized Software
Software tools employees need to perform their jobs often present significant barriers:
- Complex interfaces that aren’t screen reader compatible
- Visual dashboards without text alternatives
- Time-sensitive features that don’t allow for extended time
- Input methods that require fine motor control
Digital Application and Recruitment Processes
Many employers are surprised to learn that digital accessibility requirements begin before employment. Online job applications, assessment tests, and digital interviews must also be accessible to avoid discriminating against potential employees with disabilities.
Legal Consequences of Inaccessible Digital Workplace Tools
The stakes for ignoring digital accessibility are significant. Moreover, complaints about digital accessibility in the workplace continue to rise each year as more job functions become digitized.
When employers fail to provide accessible digital tools, they face several potential legal consequences:
Discrimination Claims
Employees who cannot access necessary digital resources may file discrimination claims with the EEOC. Additionally, these claims can lead to investigations, mediation, and potentially litigation.
In 2023, a federal court awarded $200,000 to an employee who couldn’t use her employer’s new inventory management system because it wasn’t compatible with her screen reader. The court ruled that the employer’s failure to ensure the software was accessible constituted discrimination under the ADA.
Failure to Accommodate
When employers know about accessibility barriers but don’t address them, they may face claims for failure to provide reasonable accommodation.
For instance, in another recent case, an employer faced liability after implementing a new timekeeping system that wasn’t accessible to an employee with low vision. Despite the employee’s requests for accommodation, the employer delayed addressing the issue for months, leading to attendance warnings and lost wages.
Class Actions and Systemic Claims
When digital barriers affect multiple employees with disabilities, companies may face class actions or systemic discrimination claims. These cases typically involve more extensive damages and often require organizational changes beyond monetary payments.
Practical Steps to Ensure Digital Accessibility Compliance
Color and Contrast: Using color combinations that provide sufficient contrast for users with low vision or color blindness, and never relying on color alone to convey information.
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Now that you understand what’s required and what’s at stake, here are practical steps to address digital accessibility in your workplace:
1. Audit Your Digital Workplace Environment
Start by identifying all digital tools and resources your employees use:
- Internal communication platforms
- Document management systems
- Training materials and platforms
- Time tracking and HR systems
- Specialized software for job functions
- Recruitment and onboarding tools
For each system, assess whether it meets WCAG 2.1 AA standards. You can use automated testing tools as a starting point, but remember that automated testing typically catches only about 30% of accessibility issues. Therefore, human testing, especially by users with disabilities, provides more comprehensive results.
2. Prioritize Fixes Based on Usage and Impact
After identifying barriers, prioritize remediation efforts based on:
- How frequently employees use the tool
- How critical the tool is to job performance
- How many employees are potentially affected
- The severity of the accessibility barrier
For example, address barriers in your company-wide communication platform before fixing issues in rarely-used legacy systems.
3. Develop an Accessibility Policy
Create a clear digital accessibility policy that:
- Establishes minimum accessibility standards
- Defines responsibilities for maintaining accessibility
- Creates procedures for addressing employee accessibility concerns
- Sets guidelines for procuring new digital tools
- Includes regular testing and monitoring
4. Train Key Personnel
Ensure that IT staff, content creators, and managers understand:
- Basic accessibility principles
- How to check for common barriers
- The process for addressing accessibility concerns
- The importance of considering accessibility in procurement
Training shouldn’t be a one-time event but an ongoing process as digital tools evolve.
5. Include Accessibility in Procurement
Perhaps the most efficient approach is preventing accessibility problems before they arise. When purchasing new software or digital tools:
- Include accessibility requirements in RFPs and contracts
- Request VPAT (Voluntary Product Accessibility Template) documentation
- Test products with assistive technologies before purchase
- Include remediation requirements in contracts
- Consider accessibility when renewing existing contracts
6. Establish Clear Accommodation Procedures
Even with accessible systems, some employees may need specific accommodations. Create clear processes for:
- Requesting digital accommodations
- Assessing accommodation options
- Implementing solutions promptly
- Following up to ensure effectiveness
How Employees Can Address Digital Accessibility Barriers
If you’re an employee facing digital accessibility barriers, you have several options:
Request Reasonable Accommodation
Start by formally requesting an accommodation. Under the ADA, this initiates the interactive process where you and your employer collaborate to find an effective solution.
Your request should:
- Identify the specific digital barrier
- Explain how it impacts your job performance
- Suggest potential solutions if you know of them
- Provide relevant medical documentation if needed
For example: “I’m unable to use the new reporting dashboard because it’s not compatible with my screen reader. I’d like to discuss potential accommodations such as an alternative accessible reporting method or modifications to make the dashboard accessible.”
Document the Process
Keep records of:
- When and how you make accommodation requests
- Responses from your employer
- Any solutions implemented
- Whether those solutions effectively addressed the barrier
This documentation is crucial if you later need to escalate the issue.
Follow Your Company’s Procedures
Many companies have specific procedures for requesting accommodations. Follow these when possible, but remember that the ADA doesn’t require you to use a particular form or process. Your employer must consider your accommodation request even if you don’t follow their exact procedure.
Know When to Seek Legal Help
If your employer:
- Refuses to address digital accessibility barriers
- Unreasonably delays in implementing solutions
- Retaliates against you for requesting accommodations
- Implements solutions that don’t effectively address the barriers
Then it may be time to consult with an employment attorney who specializes in disability discrimination.
Staying Ahead of Digital Accessibility Requirements
Digital accessibility standards continue to evolve as technology changes. Here are some ways employers can stay ahead:
Keep Up with WCAG Updates
WCAG 2.2 has recently been released, with additional criteria for accessibility. While courts still primarily reference WCAG 2.1 AA, implementing 2.2 standards demonstrates a commitment to accessibility and may prevent future compliance issues.
Watch for Regulatory Developments
The Department of Justice has indicated it may issue specific regulations addressing digital accessibility under the ADA. Following these developments will help you prepare for new requirements.
Consider a Dedicated Accessibility Role
For larger organizations, designating an accessibility specialist or coordinator can help maintain consistent standards across all digital resources.
Include People with Disabilities in Testing
The most effective way to identify barriers is to include people with disabilities in your testing processes. They can provide insights that automated testing misses and help prioritize which issues most urgently need addressing.
Conclusion: Building an Accessible Digital Workplace
Digital accessibility isn’t just about legal compliance—it’s about creating an inclusive workplace where all employees can contribute fully. By understanding the requirements, proactively addressing barriers, and creating clear processes for accommodations, you can both reduce legal risk and benefit from the talents of all your employees.
Remember that digital accessibility is an ongoing process, not a one-time project. As your digital tools evolve, continue to assess, address, and improve accessibility.
At Nisar Law, we help both employers and employees navigate digital accessibility requirements under the ADA. Whether you’re an employer looking to ensure compliance or an employee facing digital barriers in your workplace, we can provide the guidance you need to resolve these issues effectively.
If you’re dealing with digital accessibility challenges in your workplace, contact us for a consultation. Our experienced employment attorneys can help you understand your rights and responsibilities and develop practical solutions for an accessible digital environment.
