After 27 years running this custom web development agency, I’ve had a front-row seat to the evolution of website design. From the early days of static HTML to Flash to mobile responsive and the dynamic websites of today, website agencies have battled to stay ahead of the curve. But when it comes to accessibility and ADA compliance for websites, this seems to be a bridge that both brands and their web development agencies can't seem to cross.

According to the latest WebAIM Million Report, a staggering 95.9% of home pages had detectable Web Content Accessibility Guidelines barriers. The WCAG is the international standard for digital accessibility that the ADA, the upcoming European Accessibility Act, and 508 of the Rehab Act all reference. And we’re not talking about just one or two missing image alt tags, we’re talking about an average of 57 WCAG issues - on just homepages! That's not just bad - it's abysmal.

Given the volume of legal actions, any established company should be aware of current ADA compliance requirements for websites, but for reasons we’ll explore, just haven’t done it right, or not tried at all. 

So why is it such a challenge for brands to require WCAG compliance and website development agencies to deliver it? When I boil it down I think incorrect perceptions, unconscious (and conscious) bias and a lack of accessibility literacy are to blame on both sides.

For Brands: Cost and Missed Opportunities Without Accessible Websites

One of the most persistent misconceptions among brands is that web accessibility is expensive and just a compliance issue where a box just needs to get checked. This perception stems from a lack of understanding about the true nature and benefits of accessibility, as well as perhaps an unconscious bias against people with disabilities and seniors.

They don't realize that accessible design is the pinnacle of good usability. And good usability leads to deeper engagement and more conversions. Accessible web design also delivers improved SEO, and access to a massive, often overlooked market.

Consider this: there are 61 million adults with disabilities in the US, and 71 million Baby Boomers. Seniors alone wield a staggering $548 billion in discretionary spending power. The Boomers, in particular, represent our first digital senior generation. They've been using computers and the internet for decades, but as they age, many are encountering the same barriers that people with disabilities face. Brands that fail to cater to this demographic are leaving money on the table.

Speaking of markets. If your company currently sells or wishes to sell into the EU, then starting June 2025 the European Accessibility Act will kick in. If you recall when GDPR took effect, then you should know to take accessibility and WCAG compliance very seriously.

Finally web accessibility is a tangible reflection of the values that a company holds. Value-based brands with a commitment to DEI that are inclusive and welcome people with disabilities and seniors attract not only more value-based consumers, but also talent.

And all too often when legal or compliance or the C-Suite tells the marketing director to make sure the website is WCAG compliant, they do so without providing additional budget to pay for it. This leaves marketing directors in a tight pinch, where in order to afford accessibility, something else has to go.

This cost-centric view, combined with a lack of awareness about the market potential, leads to accessibility being deprioritized in budgets and RFPs. When it is mentioned in a RFP or requirements document, it's often as a vague requirement without specific standards or testing protocols, leaving the door open for superficial solutions.

For Agencies: The Web Accessibility Knowledge Gap and Pricing Pressure

Web development agencies, on the other hand, often suffer from a different set of misconceptions. Many agency teams, from sales all the way to the project managers, designers and developers, lack a deep understanding of web accessibility principles and their implementation.

This knowledge gap leads to several issues:

1. Overconfidence: Instead of pulling in a consulting team like Accessibility.Works with experts in both WCAG and coding, the team lead goes to the developers and ask if they can make an accessible site. If you know developers, they can’t help themselves and will of course say yes, believing they’ll either figure it out or get a plugin for it. 
2. Reliance on quick fixes: The proliferation of "overlay" plugins and widgets that should sound too good to be true, because they are. These are bandaids that not only fail to provide adequate accessibility or legal protection. In fact, last year, about 30% of all accessibility lawsuits were for websites using an overlay. And I constantly get calls from companies with both an overlay and a lawsuit on their hands as a result.
3. Pricing concerns: In the sales cycle, there is so much downward pressure on price that to include proper accessibility testing risks pricing themselves out of competitive bids.

The Bias Problem: Beyond Web Design for the "Average" User

Both brands and agencies often fall into the trap of designing for an idealized "average" user. How often does a person with a disability make the list of personas that web development teams use to target their design. This bias overlooks the diverse needs of real users, including those with disabilities, older adults, and people using various devices or in different contexts.

More insidiously, there's often an underlying negative bias towards people with disabilities and the elderly. Ageism, in particular, remains a socially acceptable form of discrimination that we see all around us in our comedy, our news, and our politics. This bias can manifest in dismissive attitudes towards the need for accessible design, with decision-makers failing to see these groups as valuable customers or users.

This bias leads to design decisions that favor those with young healthy eyes, cognition, and fine motor skills.

By ignoring the needs of these groups, brands and agencies aren't just failing at inclusion – they're missing out on connecting with a massive, loyal customer base.

The Literacy Gap: Misunderstanding Web Accessibility

At the core of these issues is a fundamental lack of accessibility literacy. This gap in understanding manifests in several ways:

• Compliance vs. Inclusion: Many see accessibility as a checkbox for legal compliance rather than an integral part of inclusive design.
• All-or-Nothing Thinking: There's a misconception that a website is either "accessible" or "not accessible," rather than understanding accessibility as a spectrum of improvements.
• Technical vs. Human: Over-reliance on automated testing tools, which typically catch only about 30% of accessibility issues, ignores the crucial role of human testing and real-user feedback.
• Static vs. Ongoing: Failing to recognize that accessibility is an ongoing process, not a one-time fix, especially as content changes over time.

A common misconception of accessible web design is that it handcuffs designers to create less attractive and enticing websites. This could not be less true. Yes, accessible website design does encourage stronger contrast and to avoid typefaces that are not so small you need to squint. But those days of web design passed long ago anyhow. These are design principles that only increase the usability of a website for everyone, regardless of ability.

Bridging the Gap: Solutions for Brands and Agencies

For Brands: Reframing the Investment

If you’re part of a company with strong guiding values that are inclusive… if you’re part of company that wants a website that has better SEO, better usability, and converts more visitors into customers… and if your company wants to keep its boomer customers and expand its market, not only to people with disabilities and seniors, but to also customers in the EU, then get on this train.

1. Educate Leadership: Help C-suite and marketing leaders understand the business case for accessibility. This includes highlighting the expanded market reach (remember those 61 million adults with disabilities and 71 million Boomers), improved user experience for all, and enhanced brand reputation. Plus the legal risk in both the US and EU.
2. Combat Ageism and Ableism: Address unconscious biases within the organization. Promote understanding of the diverse experiences of people with disabilities and older adults, and how these experiences relate to digital interactions.
3. Integrate into Core Strategy: Make accessibility a fundamental part of planning and execution phases of web design, not an afterthought. This approach can help capture the loyalty of the Boomer market, who are often brand-loyal when they feel valued and catered to.
4. Specific RFP Requirements: Include clear, specific accessibility requirements in RFPs, including adherence to WCAG 2.2 AA standards and methods for testing and verification that includes manual testing by people trained and credentialed in digital accessibility.
5. Allocate Resources: Create dedicated budgets for accessibility initiatives, viewing them as investments rather than costs. Frame this in terms of capturing market share among people with disabilities and seniors.

For Agencies: Building Competence and Confidence

• Comprehensive Training: Invest in accessibility training for all team members, from sales to project managers to designers to developers and content creators. Include awareness training about the experiences of people with disabilities and older adults.
• Integrate into Workflow: Build accessibility checkpoints into every stage of the design and development process to catch issues upstream. 
• Emphasize Human Testing: While using automated tools, understand that even the best software can only detect ~30% of WCAG issues. Do not wait and test at the end of the project. This will inevitably lead to setbacks and additional costs just when you think the finish line is just ahead.
• Educate Clients: Proactively discuss accessibility with clients, explaining its benefits and process. Highlight the market potential of accessible design, especially for capturing the Boomer market. But be honest about the cost. Accessibility testing and remediation does add expense, but not without a return. 

Overcoming Bias: Inclusive Design Practices

1. Diverse User Testing: Include people with various abilities and ages in user testing throughout the design process.
2. Accessibility Champions: Designate team members to advocate for accessibility in all projects, ensuring the needs of people with disabilities and older adults are always considered.
3. Use Inclusive Design Patterns: Adopt design patterns that work well for all users, not just the "average" user. This can include larger text options, strong color contrasts, and intuitive navigation that benefits everyone.
4. Challenge Assumptions: Regularly question design decisions to ensure they're not based on stereotypes or biases about people with disabilities or older adults.

Improving Accessibility Literacy

• Ongoing Education: Make accessibility education a continuous process, staying updated on evolving standards and best practices.
• Cross-Functional Understanding: Ensure that accessibility knowledge isn't siloed in the technical team but is understood across departments.
• Learn from Experts: Engage with accessibility experts and organizations to deepen understanding and stay current.

Let’s Wrap It Up

The web accessibility challenge isn't insurmountable, but it requires a shift in perception, a commitment to overcoming biases, and a dedication to improving accessibility literacy across the board. By understanding that accessibility is not just a legal requirement but a business opportunity and a moral imperative, both brands and agencies can work together to create a more inclusive digital world.

As we move forward, let's commit to challenging our assumptions, broadening our understanding, and prioritizing accessibility in every digital project. It's not just about compliance – it's about creating better experiences for everyone. And in doing so, we'll not only avoid legal risks but tap into new markets, improve our products, and truly live up to the promise of the world wide web – a digital space that's truly for everyone.

By reframing accessibility as both an expression of your brand values and a significant business opportunity, we can create digital spaces that truly serve everyone. Remember, in serving the needs of people with disabilities and older adults, we often create better experiences for all users. It's time to see web accessibility not as a burden, but as an exciting chance to innovate, expand our reach, and build a more inclusive digital world.