How Often Should You Conduct Section 508 Compliance Audits?

‍

Michael Leiterman a visually impaired attorney of  U.S. Customs and Border Patrol Agency (CBP) alleged that the Department of Homeland Security (DHS) failed to meet 508 compliance requirements. He claimed that the technology was inaccessible to him because of non-compliance of the software with the assistive technology he used to rely on. The court gave a summary judgement in the favor of the plaintiff. The decision was based on two claims, i.e. violation of Section 508 and failure to promote due to his disability.

Much like the Department of Homeland Security (DHS), several federal agencies face legal challenges due to non-compliance with accessibility standards.

Section 508, which mandates accessibility for individuals with disabilities in federal electronic and information technology, isn't confined to government entities alone. Private sector businesses must also prioritize adherence to this law.

In this blog, we'll explore the significance of Section 508 compliance by emphasizing its importance for both federal agencies and private enterprises. Furthermore, we'll delve into the procedural aspects of maintaining compliance through regular audits. Our focus will extend to the optimal timeline for conducting Section 508 and the ADA (Americans with Disabilities) audits.

‍

‍

What happens if you don’t adhere to Section 508 website compliance?

Non-compliance with Section 508 can have various consequences for businesses across different verticals. Here are some key points outlining what may happen if a business fails to comply:

• Legal Consequences:

There is a risk of lawsuits and legal actions for violating accessibility laws. Businesses also face potential financial penalties and legal fees associated with defending against legal claims.

• Reputational Damage:

Negative publicity and damage to the company's reputation is the downside for not prioritizing inclusivity.It also impacts on customer trust and perception of the brand's commitment to social responsibility.

• Loss of Market Share:

The market share can also be reduced as a result of alienating customers with disabilities. Brands face potential loss of business opportunities due to a limited customer base.

• Limited Access to Government Contracts:

Non-compliance leads to ineligibility for government contracts, as many contracts require compliance with Section 508. It may lead to restrictions on participating in government procurement processes.

• Operational Disruptions:

Organizations face disruptions in operations due to legal proceedings, investigations, or corrective actions.The need to divert resources to address accessibility issues affects overall business efficiency.

• Competitive Disadvantage:

Brands face increased competition from businesses that prioritize accessibility. You may also fail to meet customer expectations.

• Employee Productivity and Satisfaction:

When internal systems and tools are not accessible you may have to deal with decreased employee productivity.Negative impact on employee morale and satisfaction can also impact turnover rate.

• Missed Business Opportunities:

Non-compliance results in limited collaboration and partnership opportunities with organizations that prioritize accessibility. Your brand may get exclusion from markets or industries where accessibility compliance is a prerequisite.

Section 508 compliance is not just a legal requirement, it is also a strategic imperative for sustained success and positive corporate citizenship. Prioritize accessibility to mitigate the risks and to fosters a more inclusive and customer-centric business environment.

What is Section 508 compliance testing?

508 compliance testing ensures that digital content and technology adhere to the accessibility standards outlined in Section 508 of the Rehabilitation Act.

The primary goal of this testing is to guarantee that individuals with disabilities can use electronic and information technology (EIT) without barriers.

This testing involves thorough assessment of websites, applications, documents and other digital assets.

Web accessibility lawsuits in the United States have seen a substantial rise and are reaching a record high. In 2022 alone, there were over 3,500 web accessibility lawsuits filed. There are legal and financial implications of non-compliance therefore testing becomes imperative.

508 compliance testing is conducted so that individuals who are using screen readers or assistive technologies can navigate the site effectively. The testing involves evaluating elements like alternative text for images, keyboard navigation and proper heading structures.

What should be the ideal frequency of website 508 compliance audits?

Digital accessibility is a strategic and proactive approach for compliance with Section 508 standards. Regular Section 508 compliance audits are importantfor maintaining accessibility, mitigating legal risks and creating an inclusive digital environment.

The ideal frequency of these audits depends on various factors which are listed below.

1. Routine Audits for Sustained Compliance:

Conduct Section 508 compliance audits on a routine basis to systematically assess and uphold accessibility standards.Aim for annual audits as a standard practice to identify and address potential accessibility issues across digital assets.

2. Audits Following Significant Updates or Changes:

Perform compliance audits following substantial updates or changes to digital platforms, including websites, applications and documents.The introduction of new features or modifications requires immediate attention to verify and enhance accessibility.

3. Immediate Audits Post-Launch:

Initiate Section 508 compliance audits immediately after launching new digital content or platforms to ensure accessibility from the outset.Proactively addressing potential issues at the launch stage minimizes the risk of non-compliance and enhances user experience.

4. Integration with Incident Response Audits:

Integrate compliance audits into incident response procedures, particularly in response to complaints or concerns related to accessibility.Addressing accessibility matters swiftly in response to incidents contributes to an effective resolution and continuous improvement.

How to develop 508 compliant website through audits?

Website audit begins with a comprehensive evaluation of its structure, content and functionalities against the accessibility standards outlined in Section 508 of the Rehabilitation Act.

You may begin the audit with automated testing tools like WAVE (Web Accessibility Evaluation Tool). These tools can be helpful for a preliminary assessment but it's crucial to note that they are generally around 30% accurate.

Rely on manual audits for in-depth analysis and accurate identification of accessibility issues. Manual audit provides detailed analysis during the testing process. These audit experts can gain firsthand insights through their experience which a software scan generally misses.

Dual approach of combining automated tools for initial checks and manual audits for detailed scrutinyensures a more precise evaluation.

Conclusion

The frequency of Section 508 compliance audits should be regular. Ideally businesses websites should be audited annually or during significant updates. Remember proactive approach is the  key to mitigating legal risks and enhancing user experience.

When was the most recent audit conducted for your business website for its compliance with Section 508 orthe ADA standards?

If it has been an extended period, now is the right moment to prioritize accessibility audits. Choose ADACP for a comprehensive and up-to-date evaluation of your digital assets. Our audit experts are renowned across California for their in-depth knowledge and assessment expertise.