litigation to bring about widespread change. Tey see these suits as a means to advance the progress of web accessibility more generally.” Tese days, content is growing at an exponential


rate, along with the risk of getting a demand letter from plaintiffs looking to sue, according to a new report, “Navigating the Landscape of Cyber Security, Privacy and Accessibility,” from Investis Digital. “Tis includes ‘copycat’ litigation in which a business is sued by a disabled plaintiff, settles, then other dis- abled plaintiffs file nearly identical lawsuits against the same business.” Te Investis Digital report says some law firms are also being accused of using ADA compliance to es- sentially shake down businesses for cash payments. “In those instances, legal firms are capitalizing on the uncertainty over whether a website is really compliant. Businesses lacking an ironclad definition of accessibility are more likely to settle up.”


What Compliance Looks Like According to the Investis Digital report, when it comes to knowing whether your website is compliant, things can get tricky. “Te DOJ makes it explicitly clear that there are


no uniform standards on what makes a website ‘ac- cessible’ for purposes of the ADA. Rather, it states that ‘[b]usinesses … can currently choose how they will ensure that the programs, services, and goods they provide online are accessible to people with disabilities,” the report says. While there are no concrete standards, the report


notes the DOJ did suggest that the Web Content Ac- cessibility Guidelines (WCAG), (see sidebar, “Te List of DOJ Don’ts: Mistakes to Avoid in Website Acces- sibility”), which the federal government uses for its own websites, are helpful examples of compliance. “Keep ahead of the demand letter,” Zahn advises. “Te best thing an IRO can do is be proactive and ensure everything broadcast is accessible to the standard the website says it adheres to. Ten publish the standard on the website.” She notes there is a problem with many content


contributors and collaborators on today’s websites. “It’s what makes accessibility a moving target,” Zahn says. “One new blog post can turn your standard upside down.”


niri.org/ irupdate


“Shift Left” to Integrate Inclusive Design


BY ALEXANDER ROMANO, MANAGER, WEB DEVELOPMENT, Q4


An organization committed to accessibility and truly creating inclusive experiences requires the addition of manual testing and remediation practices on top of automated ones. The most committed organizations that use automated and


manual testing put inclusive design at the forefront of their decisions and take a “shift-left” approach to accessibility. To “shift-left” means these organizations ensure that acces- sibility is considered at all workflow stages, not just at the end. This level of commitment takes the most effort, training and cross-organizational planning but provides the most value in achieving a more inclusive website. Shifting left with accessibility planning provides tremen-


dous value to design and development efficiency with savings over extended software development lifecycles versus a non “shift-left” approach. These shift-left savings come from re- duced quality assurance cycles, reduced downstream techni- cal debt, and lower budget expansions. Organizations looking to take an inclusive approach to


their IR website design and development benefit tremendous- ly from the shift-left methodology.


“IROs should inventory the full scope of their


company’s digital assets and follow that up with an audit or gap analysis that will identify anything not in compliance on the company’s website or other platforms,” Johnson says. “Te WCAG guidelines are the most relevant standard against which to measure compliance online — although they are technically voluntary, they have become the de facto standard used by courts and regulators to assess web accessibility.” Zahn advises it is critical IROs conduct an acces-


sibility audit at least quarterly. “Accessibility is a systemic issue, it all leads back


to content governance just like brand guidelines and other key attributes,” Zahn says. “Keep training your teams on the processes and protocols.”


IR UPDAT E ■ SPRING 2 0 2 3 31


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