The ADA Book

That Overlay Widget You Installed for Website Accessibility Discriminates Against People with Disabilities Under Title III of the ADA


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Kris Rivenburgh explains some of the many ways that overlay widgets for website accessibility create separate and unequal experiences and are therefore discriminatory under Title III of the Americans with Disabilities Act (ADA).

Below are the separate and unequal provisions from Title III of the ADA:

(ii) Participation in unequal benefit  It shall be discriminatory to afford an individual or class of  individuals, on the basis of a disability or disabilities of such  individual or class, directly, or through contractual, licensing, or  other arrangements with the opportunity to participate in or benefit from a good, service, facility, privilege, advantage, or accommodation  that is not equal to that afforded to other individuals.

(iii) Separate benefit  It shall be discriminatory to provide an individual or class of  individuals, on the basis of a disability or disabilities of such  individual or class, directly, or through contractual, licensing, or  other arrangements with a good, service, facility, privilege, advantage,  or accommodation that is different or separate from that provided to  other individuals, unless such action is necessary to provide the  individual or class of individuals with a good, service, facility,  privilege, advantage, or accommodation, or other opportunity that is as  effective as that provided to others.

Resource: https://www.ada.gov/law-and-regs/ada/#subchapter-iii---public-accommodations-and-services-by-private-entities-title-iii

Watch Kris discuss why overlays don't make your website accessible anyway:

https://youtu.be/Gtu-c5Gc6yw

Kris designed the ADA Compliance Course (ACC) as instructions you can give your team to fix the most commonly claimed issues in ADA website lawsuits. The ACC is really an SOP for your web team. Your team can get started in minutes at https://ADACompliance.net/.

Watch Kris on YouTube @adabook:

https://youtube.com/@adabook

Connect with Kris directly on LinkedIn:

https://www.linkedin.com/company/adabook 

https://www.linkedin.com/in/krisrivenburgh 

The ADA Compliance Course is available at https://ADACompliance.net.

Kris offers accessibility services including WCAG 2.1 AA manual audits and remediation at https://accessible.org.

Kris also wrote the book on ADA compliance for digital assets.  You can find out more about The ADA Book at https://ADABook.com.

Transcript: https://adabook.com/separate-unequal-overlay-widgets-discriminate-title-iii-ada/

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The ADA BookBy Kris Rivenburgh