A Common Sense Approach To Implementing Accessibility:Law, Policy, And ProcurementLiz Delfs, Esq., Vice President and Senior CounselRick Ferrie, Director of Global Policy Pearson

Introductions

• Liz Delfs– Liz enjoys a full time practice dedicated to learning

technology accessibility law and its impact on the publishing industry and its customers. While practicing law in Boston during her pre-Pearson days, Liz represented parents and students in special education hearings. A founding member of the Association on Higher Education and Disability, Liz was the creator and first editor of the Journal of Postsecondary Education and Disability. She has been involved in disability rights issues since 1978.

• Rick Ferrie– 15 plus years working with accessibility in a variety of

roles, now as a Global Policy Director for Corporate Affairs

Introductions

• World's largest education company, providing a range of education products and services to institutions, governments and direct to individual learners

• Transitioning from primarily print to a learning technology and services company

• Staggering array of products, existing in nearly all formats conceivable and distributed in many, many channels

Session Goals

• Decipher Legal and Policy Drivers• Identify Common Misperceptions about ADA

Compliance• Policy and Implementation: How to Get Everyone

Onboard• Pros and Cons of Contractual Requirements• Accessible Technology Law – Trends and Predictions• Keeping Your Company Going . . . Especially When

the Going Gets Tough

Where it All Begins: The ADA

• Guaranteed access• Application to learning technology• Whose responsibility

Definitions of Accessibility

• Legal – Department of Justice/Office for Civil Rights Advisory Opinions

• Technical Standards – 508 and WCAG• Individual Determination• Accommodations, Remediations,

Workarounds Oh My!

Equitable and Equivalent

• Conflicting Interpretations of Compliance• Who and What is “Right”?• Applying ADA Principles to Technology

Policy and Implementation

• You must have a policy – formal, documented, communicated, and governed

• The policy has to be constantly socialized and in many “languages”– Business– Tech– HR– Sales

• But beware – the policy is the easy part

The Reality

• Risk – legal, revenue, and reputation – is a good motivator, but only in spurts (then fatigue sets in)

• Pushing legal and policy too hard turns the dialogue into splitting hairs and avoidance

• Budget debates are eternal and inconclusive – and accessibility is almost always viewed as as an “add”

• Compliance heavy dialogue does not inspire; it feels burdensome, limiting, and incremental

• Law and standards define the requirements, policy the rules – but success depends on the hearts and mind

Key Challenges

• Product developers can lack the skill and experience – and in many cases, the motivation – to embrace accessibility

• Complex org structures and even more complicated processes can be difficult to corral

• Legacy products frequently become problematic • Factors in the environment are outside of your control (AT,

operating systems, browsers, devices, etc.)• Customer expectations and understanding can be difficult to

manage• Balancing your outreach messaging with your internal reality

can be tricky

Change The Dialogue

• Switch away from “accessibility” and “compliance” - start interjecting “good user experience” and “inclusive design”

• Push the idea of business opportunity and positive social impact• Be honest about the capability and capacity of your company

and align your plans and messaging realistically• Place value on staff with accessibility skills and reward those

who want to attain them • Pull in HR and integrate accessibility into your other HR

programs like diversity• Embrace (carefully!) outside organizations who can help

evaluate and validate what your are doing

Actions That are Working

• Aligning with other critical change initiatives – for us, it’s efficacy

• Training for staff and suppliers• Working hard with teams and key tech leaders to

help them make consistent progress (and not stall!)

• Plugging into audit and compliance functions• Focusing on sales support and awareness• Ensuring procurement controls are in place

Procurement

• Settlement Letters – Interpretations and Common Misinterpretations

• Contractual Demands for Accessibility – How to Respond

• Warranties, Guarantees and Indemnities

The Future – Law Trends and Predictions

• Vendor Liability• Accommodations and Technical Accessibility• Implications for Workplace

The Future – Keeping Your Momentum

• Actively recruit, hire, and reward staff with accessibility skills

• Partner with key advocacy groups in your market to tackle shared challenges

• Incorporate accessibility awareness into all of your customer touch points – research, marketing, social media

• Good things happen when accessibility is a shared responsibility across your organization

• Celebrate your successes!