regulating digital accessibility & encouraging compliance · regulating digital accessibility...
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Regulating digital accessibility & encouraging compliance
Clive HoldsworthHead of DigitalMay 25 2011
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Agenda
• The Equality Act
• Codes and guidance
• Principles and application
• Legal case example
• Digital Accessibility – Web Essentials eLearning
• Recommendations for compliance
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The legal contextThe Equality Act 2010•Supersedes Disability Discrimination Act (except in Northern Ireland)•Strengthening: improving the effectiveness of equality legislation• Harmonising: providing the same level of protection from discrimination across all protected characteristics and all sectors, where appropriate• Streamlining: simplifying and consolidating over 100 pieces of separate equality legislation
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Key aspects of Equality Law• Discrimination – direct & indirect
Disabled users should not be put at a ‘substantial disadvantage’ compared to non-disabled users
• Reasonable adjustments
• Public Sector Equality Duty
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Sources of informationStatutory codes of practice
Legal status - can be used in court
• Employment – Employers & workers• Services, public functions & associations –
Providers and users• Further and higher education• Schools • Public Sector Equality Duty
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Service codes
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Reference examples
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Sources of informationNon-statutory guidance
No legal status in court – guidance only
• Employment• Services, public functions & associations• Further and higher education• Schools• Public Sector Equality Duty• Digital Accessibility (Late Summer 2011)• Supplemented by forthcoming eLearning
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Codes & Guidance on EHRC site
http://www.equalityhumanrights.com/advice-and-guidance/new-equality-act-guidance
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Principles & application 1
• All people, irrespective of race, religion, gender, age, disability, sexuality or transgender status should be provided with equality of opportunity
• Poor web accessibility means an organisation can be prosecuted for unlawful discrimination
• EHRC has powers to take action directly against organisations who don’t comply as well as support legal complaints from individuals
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Principles & application 2
• UK law does not reference WCAG or other web guidelines – only a court can decide if a website complies or not
• Conforming to a particular level of WCAG does not necessarily make a web site compliant
• Key factor is whether disabled users can access & use the site without unreasonable difficulty – Relevant factors: time, inconvenience and effort
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Legal example from Canada
• Canadian government recruits only through its website
• Donna Jodham, a blind accessibility consultant, sued as she was unable to apply for a job
• Online recruitment process was judged inaccessible so court ruled against it
• Canadian Government have appealed but still seen as landmark ruling
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Digital Accessibility – Web Essentials
• E-Learning course to provide background and guidance on web accessibility
• Developed by EHRC with AbilityNet and BCS• Four topics – What is it, Why do it, How to do it,
How to measure it• Targeted at web owners, wed designers and web
design educators/trainers• Level 1 but potentially an accredited qualification• Pre-launch at eAccess ‘11 on June 28 2011• Available at very low cost
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Digital Accessibility – Web Essentials
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Recommended ways to achieve compliance
• Adopt a user-centred process as advocated in BS8878
• Automated Tools & Expert Reviews• Testing with Users• Professional Accessibility Audits• Take the Digital Accessibility Web
Essentials course