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SearchLegal and Policy Factors in Developing a Web Accessibility Business Case for Your Organization
Page Contents
Introduction
This page is part of a resource suite that describes the social, technical, financial, and legal and policy factors relevant to developing a customized business case for Web accessibility for a specific organization.
Note that the term "policy" is used broadly in this document to refer to requirements from governments and other organizations in the form of laws, policies, regulations, standards, guidelines, directives, communications, orders, or other types of documents, which have different degrees of authority in different systems.
Legal and policy factors apply differently to specific organizations and situations. For example, one organization might be required by explicit government regulations to make its Web sites accessible, while another organization follows the Web accessibility policies recommended by its trade association and required by a partner company.
This page provides guidance on addressing legal and policy factors in a business case for Web accessibility.
Identifying Legal and Policy Factors for a Specific Organization
The following questions can help identify how the legal and policy aspects of Web accessibility apply to the organization:
- Is the organization required by law or other
legal mandate to make its Web site accessible?
If so, the business case can list those laws or mandates that the organization is required to meet. See Determining Applicable Policies. - Are there other Web accessibility policies
the organization should comply with?
If so, the business case can list those policies that the organization should comply with. See Determining Applicable Policies. - Are the requirements adequate to meet the
needs of people with disabilities?
If the required guidelines might not adequately meet the needs of the Web site's users with some disabilities, the organization can include in its business case additional guidelines it chooses to meet. See Considerations Beyond Requirements. - Are there specified guidelines, conformance
levels, and dates for compliance?
For example, does the policy state that a certain level of compliance is required by one date, and a higher level of compliance is required by a later date? See Considerations for the Future. - Will policies later become
applicable?
For example, requirements might be in development now that will be enforced in the future; or, an organization might expand into countries or other markets where Web accessibility policies already apply. See Considerations for the Future. - Does the organization understand the risks
of failing to provide accessible Web sites?
In some cases it is useful to include in a business case the negative impact on reputation and potential legal costs associated with defending against legal action for not complying with Web accessibility requirements. See Understanding Risks for Non-Compliance.
Determining Applicable Policies
Web accessibility requirements can be in the form of policies, laws, regulations, standards, guidelines, directives, communications, orders, or other types of documents. Policies Relating to Web Accessibility lists governmental legislation and related information for many countries and regions.
Some governments have laws that specifically require that certain types of Web sites are accessible. Others might not directly specify Web accessibility, yet the Web is indirectly covered under broader anti-discrimination legislation, information and communications technology policy, or other laws or policies.
An organization might be required by non-governmental policies to make its Web site accessible, such as a university Web accessibility policy that requires department Web sites be accessible. Sometimes organizations are compelled to meet other policies, such as policies from trade or industry associations, professional associations, or standards organizations.
Considerations for Different Types of Organizations
- Government - Some governmental Web accessibility requirements apply only to national government ministries' or agencies' Web sites; some also apply to provincial or state governments. Some other levels of government, such as provincial or state, establish requirements independent of national requirements.
- Education - Many educational institutions and organizations are covered by governmental requirements for accessibility of Web-based educational resources and online learning environments. In some countries or regions, educational institutions are covered in broad policies along with other types of organizations; and in others there are policies specifically addressing educational institutions. In addition to governmental requirements, some educational institutions and organizations have established separate or more extensive requirements for accessibility. In some cases there is a specific policy on Web accessibility; in other cases Web accessibility is covered under broader accessibility policies.
- Industry and Non-Governmental Organizations (NGO) - Some government policies require industry and NGO Web sites to be accessible. These types of organizations might also choose to follow other Web accessibility policies, such as recommendations from trade (industry) associations or professional associations. Many corporations and NGOs establish their own policies for Web accessibility, which are often more extensive than those required by government policies. In some cases, policies established by corporations or NGOs might also apply to subsidiaries, vendors, and others who do business with the organization.
Considerations Beyond Requirements
Sometimes the required standards or minimum conformance level might not adequately meet the needs of the Web site's users with disabilities. If the needs of people with some disabilities are left out of the required accessibility standards, an organization might choose to meet additional guidelines in order to provide sufficient accessibility.
Considerations for the Future
It is almost always significantly easier, more effective, and less expensive to incorporate accessibility early in Web site development or redesign, rather than retrofit existing sites later. Therefore, many organizations that might be subject to Web accessibility requirements in the future choose to incorporate Web accessibility as soon as feasible.
An organization might be subject to additional Web accessible requirements in the future because:
- there are policies in development that will apply to the organization
- the organization expands into countries or other markets where Web accessibility policies apply
Some policies reference specific guidelines or standards for Web accessibility and include dates for compliance. For example, a policy might state that Web sites meet Web Content Accessibility Guidelines (WCAG) 1.0 Priority checkpoints by a certain date and WCAG 1.0 Priority 2 checkpoints by a later date. However, an organization might determine that it is most efficient to address all the requirements at the same time.
Understanding Risks for Non-Compliance
Some organizations have faced legal action for not making their Web sites accessible. Not complying with accessibility requirements can result in significant legal costs and have negative impact on the organization's reputation.
Sometimes the legal requirements for an organization might not be clear. In such cases, some organizations determine that it is in their best interest (financially and otherwise) to make their sites accessible, rather than risk legal action.
Addressing Multiple Standards
As described above, an organization could be subject to multiple Web accessibility policies; for example, standards from governments in different counties where they operate, from a trade association, and from a partner organization. Addressing different standards is more complex than addressing a single standard; however, because there is almost always significant overlap between standards, the work to meet two different standards is not twice the work to address one standard. In most cases an organization meeting the more comprehensive standard can easily ensure that other standards are also met.
For organizations that are concerned about meeting multiple standards, it can be effective to include in the business case detail on the overlap between standards. For example, an appendix that shows the similarities between the different standards can illustrate where it is not much more effort to meet multiple standards.