Accessibility Push in the United States
The year 2024 has been a good one for accessibility in the United States. The government is prioritizing accessibility in their digital services, with several states, including Pennsylvania, Maryland, and Texas, dedicating staff and teams at the executive level.
On April 8, 2024, the Department of Justice (DOJ) issued a final rule under Title II of the Americans with Disabilities Act (ADA), which pushed for a positive change in the digital scene for state and local governments. This is the first rule to address online platforms and their obligations to compliance directly.
DOJ’s Final Rule
The final rule has mentioned the technical requirements for websites and applications for all state and local government services. According to the subpart of Title II, Web Content Accessibility Guidelines (WCAG) 2.1 Level AA is the standard mandated for these entities and the third parties that provide services to these entities. The local and state governments have to comply within two to three years of publication of the final rule in the federal register.
The rule provides limited exceptions for archived content, preexisting documents and social media posts, conventional documents about specific individuals or their assets, and content linked by third parties. However, the government would have to provide an accessible version of this information, if requested by a person with a disability. The state or local government may also have two versions: a nonconforming version and a conforming alternate version. This rule ensures that people with disabilities (PwD) access government services, programs, or activities easily and furthers the efforts of the ADA to end digital discrimination.
Role of Artificial Intelligence (AI)
AI tools are gaining focus for implementing and assessing accessibility. The US Access Board has partnered with agencies to increase the understanding and use of AI solutions in government services. AI systems can help build an inclusive digital environment and provide equitable user experiences. However, it can also create barriers if not implemented properly, especially, as AI is used in selection processes, report generation, and other tasks that highly influence important decisions. As the federal government is using AI technologies, it must also account for the possible risks and benefits specific to PwD. Automated decision-making and biometric recognition technologies may not follow standard patterns in the case of PwD, creating gaps in collection practices and data bias. Understanding these risks and taking measures to minimize them will significantly improve the lives of PwD.
Future of Digital Accessibility
The final rule foreshadows future accessibility rules and policies under Title III of ADA, which may entail similar mandatory compliance across private sectors. This will affect global businesses that provide goods and services to the public. They must work toward achieving WCAG compliance not only to mitigate legal risks but also to foster digital equity and inclusivity.
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Sources
- https://www.govtech.com/gov-experience/state-and-local-govts-boost-accessibility-in-digital-services
- https://www.dwt.com/blogs/broadband-advisor/2024/04/doj-ada-state-local-websites-accessibility#:~:text=On%20April%208%2C%202024%2C%20the%20U.S.%20Department%20of,as%20%22public%20entities%22%29%20accessible%20to%20people%20with%20disabilities.
- https://www.justice.gov/opa/pr/justice-department-publish-final-rule-strengthen-web-and-mobile-app-access-people
- https://www.access-board.gov/news/2024/05/15/u-s-access-board-holds-signing-of-artificial-intelligence-memorandum-of-understanding-with-disability-and-technology-partners/
- https://www.govtech.com/artificial-intelligence/government-partners-plan-together-for-accessible-ai
- https://federalnewsnetwork.com/it-modernization/2024/08/more-agencies-turn-to-ai-to-fix-website-accessibility-issues/?readmore=1
