The Legal Case for Accessible Web Design
“An airline company provides a flight reservation and booking service to the public on its web site. This is a provision of a service and is subject to the Act”
Disability Discrimination Act 1995, Code of Practice (revised)
The Disability Discrimination Act 1995 (commonly referred to as the DDA), was introduced with the intention of comprehensively tackling the discrimination which many disabled people face. It goes much further than previous legislation, and as the above quote from the Code of Practice states [footnote: the Code of Practice is not the law itself, but it has to be taken into account by courts and tribunals where relevant], it directly affects Web sites.
Who has obligations under the DDA?
The DDA places obligations on employers (this was only those who had 15 or more employees, but this small employer exemption was removed in 2004), anyone providing a service no matter what their size (and the definition of service provider is very broad), premises providers and providers of education.
What are the obligations in the DDA?
Broadly speaking, the DDA makes it unlawful to discriminate against disabled people in the way in which you recruit and employ people, provider services, or provide education. Discrimination can take place in two ways - by treating a disabled person less favourably, and/or by failing to make "reasonable adjustments" so that disabled people can participate in employment and education or make use of a service.
How does it apply to Web sites?
Web sites may be covered under the employment provisions, as they may be a means of advertising jobs, or there may be an intranet which staff need to use.
Web sites will most commonly be covered when they constitute the provision of a service, or they are related to education.
What level of compliance should I be achieving?
No case has been brought to court in the United Kingdom to date, so there is no caselaw guidance. In any event, caselaw can only provide broad guidance - what Web sites have to do may vary from site to site. What is important, however, is the outcome: the DDA requires that you make what it refers to as “reasonable adjustments” , to your services to ensure that a person with a disability can access that service. This means making changes to Web sites - which offer 24 hour service, and a variety of features not available via, for example, a telephone service - so that disabled people can use them.
What is meant by “reasonable adjustments”?
In relation to service provision, The DDA describes 3 circumstances in which adjustments should be made. These provisions have been implemented in phases, with the provisions relating to physical features having come into force on the 1st October 2004.
"Reasonable steps" must be taken to change:
- a practice, policy or procedure which makes it impossible or unreasonably difficult for a disabled person to use a service. This might involve a change to the practice of not putting "alt text" on a Web site;
- any physical features which make it impossible or unreasonably difficult for a disabled person to use a service;
Reasonable steps must also be taken to provide "auxiliary aids and services " (an example of which would be an accessible Web site) where these would enable or facilitate the use of a service: These changes have been required since October 1999.
"Reasonable" is not defined in the Act, but the Code of Practice does give some guidance on this, and indicates that it will depend upon:
- the type of service provided.
- the type of organisation you are and resources available.
- the impact on the disabled person.
The bottom line is that Web sites should be accessible. If they are not, then they may be in breach of the DDA. The Act applies to Web sites now, and has done since the Act was implemented in 1996.
What happens if my Web site does not comply?
A disabled person can make a claim against you if your web site makes it impossible or unreasonably difficult to access information and services. If you have not made reasonable adjustments and cannot show that this failure is justified, then you may be liable under the Act, and may have to pay compensation and be ordered by a court to change your site.
A useful reference is the case brought against the Sydney Olympics Committee in Australia in 2000. This resulted in a landmark decision against the Web site owners, requiring them to pay $20,000 Australian dollars.
“This response, I am satisfied, was very hurtful for him; the suggestion that he enlist the aid of a sighted person to assist him was wholly inconsistent with his own expectations and what he himself, unaided, had been able to achieve, both at university level and in business, in spite of his disability. To dismiss him and to continue to be dismissive of him was not only hurtful, he was also made to feel, I am satisfied, various emotions including those of anger and rejection by a significant statutory agent within the community of which he himself was a part.”
Judge Hon. William Carter QC
Find out more about the Olympic failure
Special Educational Needs and Disability Act (SENDA)
The Special Educational Needs and Disability Act 2001 (SENDA) establishes legal rights for disabled students in pre- and post-16 education by amending the DDA to include education. The Act ensures that disabled students are not discriminated against in education, training and any services provided wholly or mainly for students. This includes courses provided by further and higher education institutions and sixth form colleges.
it is unlawful to treat a student "less favourably" for reasons due to disability. If an individual is at a “substantial disadvantage” due to the way in which a body provides its educational services, responsible bodies are required to take reasonable steps to prevent that disadvantage. This may include:
- Changes to policies and practices (these are the only changes required in pre-16 education).
- Changes to course requirements or work placements.
- Changes to the physical features of a building.
- The provision of interpreters or other support workers.
- The delivery of courses in alternative ways.
- The provision of material in other formats.
The application of the law will depend on the size and resources of the educational institution, nature of services and the impact it has on the disabled person.
This content is not an authoritative statement of the law and the information is not a substitute for obtaining legal advice. Whilst we have made every effort to ensure that the information we have provided is correct, we cannot accept any responsibility or liability.
Primary source: RNIB