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Tips for making websites more accessible to applicants, employees

July 2020 employment law letter
Authors: 
Colin H. Hargreaves, Felhaber Larson, P.A.

With the increasing use of online platforms for hiring, employers must bear in mind the accessibility and accommodation requirements of the Americans with Disabilities Act (ADA) and (for federal contractors) Section 503 of the Rehabilitation Act of 1973. As guidance from the Equal Employment Opportunity Commission (EEOC) explains, “As an employer, you are responsible under Title I of the ADA for making facilities accessible to qualified applicants and employees with disabilities as a reasonable accommodation, unless this would cause undue hardship.” In addition, the ADA makes it unlawful to discriminate against a qualified applicant or employee with a disability.

Complying with WCAG guidelines can help

Websites can pose a problem because job applicants and employees may be unable to apply on, or navigate, your company’s pages. Thus, it’s vital your site is ADA-accessible.

A website is generally deemed accessible if it complies with the World Wide Web Consortium’s Web Content Accessibility Guidelines (WCAG) 2.0 AA, although neither the EEOC nor the Office of Federal Contract Compliance Programs (OFCCP) has officially adopted them yet. Still, compliance with the WCAG can help to prove your good-faith effort to ensure accessibility. It’s also a topic of consideration during an OFCCP Section 503 focused review of a federal contractor.

Here is a brief summary of some accessibility tips set forth in the WCAG:

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