Legal Compliance of Accessible Websites

Within the last decade, many countries have begun to implement a legal requirement for websites to be accessible. Often this has been the result of general disability or equality legislation, rather than legislation directed specifically at online access.

Since Ireland passed the Equal Status Act in 2000 all those selling goods or providing services, providers of accommodation and education must do all that is reasonable to accommodate the needs of a person with a disability by providing special treatment or facilities in circumstances where without these, it would be impossible or difficult to avail of the goods or services offered.

Since a website is now seen as just another access point to a business or organisation it is now necessary to make this just as accessible. Organisations ignoring this run the risk of possible litigation, as has happened in other countries. The most well known case is that of Bruce Lyndsay Maguire, blind since birth, of Australia, who successfully sued SOGOC, the Sydney Olympic Games Organising Committee, because he was unable to access the sports results on their website using his screen reader.

Irish Accessibility Legislation

The Disability Act, 2005

Section 27 of the Disability Act, 2005 states that services provided to the general public should also be available to the disabled.

27.—(1) Where a service is provided to a public body, the head of the body shall ensure that the service is accessible to persons with disabilities (Disability Act, 2005)

A website then, if regarded as a service, must be as available to a disabled person as it is to an able bodied person otherwise the service is discriminatory. However, this does not have to be upheld in the cases where the body providing the service deems it not to be practicable, the cost unjustifiable or the delay in making the goods or services available to other persons unreasonable.

Equal Status Act, 2000

Part 1 Section 4(1) of the Equal Status Act, Ireland, 2000 states that a failure to do all that is reasonable to provide a service to a person with a disability is deemed an act of discrimination.

4.—(1) For the purposes of this Act discrimination includes a refusal or failure by the provider of a service to do all that is reasonable to accommodate the needs of a person with a disability by providing special treatment or facilities, if without such special treatment or facilities it would be impossible or unduly difficult for the person to avail himself or herself of the service. (Equal Status Act, 2000)

Available redress includes compensation (to a maximum of €6,348.69) and an order that the problem(s) be fixed or removed.

However, Part 1 Section 4(2) of the Equal Status Act, 2000 requires that the cost of accommodating a person with a disability be ‘nominal’, so the case is far from clear cut. A nominal value to a large multinational might well be a very different amount to a nominal value as regarded by an SME.

At present, no cases regarding website access have been taken under this Act, however other countries have similar laws, under which successful cases have been taken. The most well known is that of Bruce Lindsay Maguire versus SOCOG.

Employment Equality Act, 1998

The Employment Equality Act, 1998 also addresses the issue of 'reasonable accommodation'

4.—(1) For the purposes of this Act discrimination includes a refusal or failure by the provider of a service to do all that is reasonable to accommodate the needs of a person with a disability by providing special treatment or facilities, if without such special treatment or facilities it would be impossible or unduly difficult for the person to avail himself or herself of the service (Employment Equality Act, 1998)

Irish Accessibility Guidelines

Excellence Through Accessibility

Currently in Ireland the ‘Excellence Through Accessibility’ Guidelines are available. Compliance with these guidelines are voluntary, nonetheless, they contain an explicit reference to accessible websites from an Irish Government Agency, The National Disability Authority.

One of the Excellence Through Accessibility guidelines (guideline 14) requires that the organisation’s website is WCAG 1.0 AA compliant to be eligible for the ‘Excellence Through Accessibility’ award.

European Union Accessibility Guidelines

The European Union has been proactive in developing explicit web accessibility guidelines.

e-Europe 2002: Accessibility of Public Web Sites and their Content

A communication from the EU, eEurope 2002: Accessibility of Public Web Sites and their Content, on September 25th, 2001, recognised the WAI WCAG 1.0 guidelines to be the 'global de facto web accessibility standard' and concluded that both public and private websites should be encouraged to achieve accessibility during 2003, the European Year of Disabled People.

e-Europe Action Plan, 2002

The Council Resolution eEurope Action Plan 2002 declares:

Public sector web sites and their content in Member States and in the European Institutions must be designed to be accessible to ensure that citizens with disabilities can access information and take full advantage of the potential for e-government. (eEurope Action Plan, 2002)

The timeframe for adoption of the WAI guidelines by public websites was designated to be the end of 2001.