Q: Our IT department is updating our website and making it accessible for customers and other individuals with disabilities. I want to be sure that we do whatever is necessary to improve accessibility to our online job-application portal. I have no idea what problems job seekers might encounter on our website. Do you have any resources that can help with this?
A: The U.S. Department of Justice (DOJ) recently announced that web accessibility is a priority in its enforcement of the Americans with Disabilities Act (ADA) and issued guidance. While the guidance is not specific to the hiring process, it has some good background on cases that the DOJ has brought challenging limited accessibility of public-facing websites of businesses and governmental units.
Visually impaired customers have succeeded in recent years with claims against both Burger King and Domino’s Pizza for websites that were incompatible with assistive technology, making it impossible for these individuals to place orders. Courts have found that the websites are an extension of the business, and their accessibility is covered by the ADA just as their physical locations are.
In the context of employment, the same analysis will apply and employers whose websites are inaccessible to applicants with disabilities may be found to have violated the ADA.
Here are some barriers to web access listed by the DOJ in its guidance:
- Poor color contrast and use of color to give information. Poor color contrast and use of color alone to give information can make it difficult for people with impaired vision or colorblindness to read.
- Lack of text alternatives. A lack of text alternatives (“alt text”) on images, the presence of which would allow a screen reader to convey the purpose of an image, can be an impediment for people with impaired vision.
- No captions on videos. This prevents people with hearing disabilities from being able to understand information communicated in a video.
- Inaccessible online forms. People with disabilities may not be able to fill out, understand, and accurately submit forms without things like:
- Labels that screen readers can convey to their users (such as text that reads “credit card number” where that number should be entered);
- Clear instructions; and
- Error indicators such as alerts telling the user a form field is missing or incorrect.
- Mouse-only navigation. People with disabilities who cannot use a mouse or trackpad will not be able to access web content if they cannot navigate a website using a keyboard.
Other barriers include the following:
- Complex navigation. People with visual impairments typically navigate the web using a screen reader that converts text to speech and provides nonvisual navigation commands,
For the assistive screen reader to work, it’s important to include detailed and consistent navigational elements in the page structure, such as headers, titles and lists.
- Timeout restrictions. Timed assessments in the application process could frustrate someone with a disability. People using assistive technology and those with brain injuries or learning disabilities may require extra time to navigate a website and complete tasks. Timeout restrictions can be extended or eliminated.
The DOJ provides links to technical guidance for improving web accessibility, which you should share with your IT team. It also contains links to recent cases across the country involving website access and disability.
View your website as an extension of your workplace. Just as you must make your physical plant accessible to people with disabilities, you should do the same for your website and all aspects of your hiring process.
AIM members with questions about this or any other human resources issues may contact the Employer Hotline at 1-800-470-6277.