Laws Governing Digital Accessibility

Although there is a general consensus that discrimination based on disability is wrong and that digital environments and content should be accessible for people with disabilities, the concept of accessibility was an afterthought when the internet and computer systems were becoming widely available. As a result, most organizations have struggled to understand what their responsibility is, and many have failed to take that responsibility seriously.

There are a number of laws that govern disability discrimination and accessibility, including civil rights laws, government procurement laws, and industry-specific laws. Some were passed prior to the “digital revolution,” and do not explicitly cover ICT, whereas others have been passed or amended recently specifically to address digital access issues.

Civil Rights Laws

In both the US and abroad, important civil rights legislation exists to prevent discrimination by government or other organizations on the basis of disability. 

US Laws

• The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability in employment (Title I), State and local government (Title II), public accommodations (Title III), commercial facilities, transportation, and telecommunications (Title IV).
• The Rehabilitation Act of 1973 prohibits discrimination on the basis of disability in programs conducted by Federal agencies, in programs receiving Federal financial assistance, in Federal employment, and in the employment practices of Federal contractors

Laws Abroad

• The United Kingdom’s Equality Act of 2010 updated and consolidated prior anti-discrimination laws in Great Britain, including the Disability Discrimination Act 1995.
• Canada’s Accessibility for Ontarians with Disabilities Act, or AODA, aims to identify, remove, and prevent barriers for people with disabilities.
• Mexico’s General Act on the Inclusion of People with Disabilities
• China’s Law of the People’s Republic of China on the Protection of Persons with Disabilities
• Japan’s Basic Law on Persons with Disabilities and Services and Supports for Persons with Disabilities Act
• India’s Persons with Disabilities Act

Procurement Laws

Another area in which legislation exists in the United States and other countries is government procurement. Certain laws ensure that federal and state agencies, as well as various government contractors meet accessibility requirements.

US Laws

• The ADA’s Title II requires that State and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services, and activities (e.g. public education, employment, transportation, recreation, health care, social services, courts, voting, and town meetings).
• The Rehabilitation Act’s Section 508 specifically establishes requirements for electronic and information technology developed, maintained, procured, or used by the Federal government. Section 508 requires Federal electronic and information technology to be accessible to people with disabilities, including employees and members of the public.

Laws Abroad

• The European Union recently passed Standard - EN 301 549, also known as "Accessibility requirements suitable for public procurement of ICT products and services in Europe" which requires certain best practices and standards in procuring ICT for accessibility.

Industry-Specific Laws

Finally, in the United States, certain specific industries have specialized laws that mandate accessibility in information and communication technology.

US Laws

• The Telecommunications Act requires manufacturers of telecommunications equipment and providers of telecommunications services to ensure that such equipment and services are accessible to and usable by persons with disabilities.
• The Fair Housing Act prohibits housing discrimination on the basis of disability among other things. Its coverage includes private housing, housing that receives Federal financial assistance, and State and local government housing. 
• The Air Carrier Access Act (ACAA) prohibits discrimination in air transportation by domestic and foreign air carriers against individuals with disabilities. It was recently amended to prescribe specific digital accessibility guidelines for covered carriers’ websites and apps.
• The Voting Accessibility for the Elderly and Handicapped Act requires polling places across the US to be physically accessible to people with disabilities for federal elections. 
• The Individuals with Disabilities Education Act (IDEA) requires public schools to make available to all eligible children with disabilities a free appropriate public education in the least restrictive environment appropriate to their individual needs.
• The Twenty-First Century Communications and Video Accessibility Act (CVAA) updated federal communications laws to increase the access of persons with disabilities to modern communications. The CVAA makes sure that accessibility laws enacted in the 1980s and 1990s are brought up to date with 21st century technologies, including new digital, broadband, and mobile innovations.

Laws Abroad

• Canada’s Government Standard on Web Accessibility ensure that government websites and web applications respect internationally accepted guidelines for Web accessibility and are measured consistently.

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