Passed in 1990, the Americans with Disabilities Act (ADA) prohibits discrimination in employment, public services, public accommodations, and telecommunications. It is the first comprehensive civil rights legislation aimed at creating equal access for people with disabilities and has come to have a number of implications for online content.
Title II protects qualified individuals with disabilities from discrimination on the basis of disability in services, programs, and activities provided by state and local government entities, regardless of whether they receive federal funding. Websites and any video content therein are included as part of Title II.
Title III prohibits discrimination on the basis of disability in places of public accommodations or businesses that are generally open to the public. The original standards set forth by Title III of the ADA were designed with regard to physical spaces meant for public accommodation. Recent statements by the Department of Justice (DOJ) have made clear that online content and services are also considered a public accommodation.
The DOJ is still in the process of developing specific regulations on how to achieve ADA compliance on the web. In the face of unspecified and pending legislation, many organizations are looking to the Web Content Accessibility Guidelines (WCAG 2.0), specifically Level AA, as a minimum standard. Many governmental entities, including New York City government and European Union, have already adopted Level AA as their standard.
To conform to Level A guidelines, online content producers must provide the following:
Offline Captions: Prerecorded video content with audio must have closed captions.
Video Description: Prerecorded video content with audio must have video description OR text video description (media alternative) that is accessible using screen-reader technology.
To conform to Level AA guidelines, online content producers must provide the requirements of Level A, as well as:
Live Captions: Live streaming videos must have closed captions.
Video Description: Prerecorded video content with audio must have audio description.
Captionmax has provided ADA and WCAG 2.0 compliant closed captioning and video descriptions to many government and corporate clients. We are one of a handful of companies who offer video description and text video description as a way to meet WCAG 2.0 standards.