All About Access:The Business Case for Using Accessible Websites and Other Workplace TechnologiesApril 13, 2017

AskEARN.org

All About Access: The Business Case for Using Accessible Websites and Other Workplace Technologies

Brett SheatsNational Project Director

EARN

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Employer Assistance and Resource Network on Disability Inclusion (EARN)

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Housekeeping

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Audience Assessment Question

On a scale of one to five, how would you rate your knowledge and understanding of employer responsibilities and opportunities related to accessibility of websites, online systems, mobile applications, and other forms of information

and communication technology (ICT) in the workplace?

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All About Access: The Business Case for Using Accessible Websites and Other Workplace Technologies

Robert SilversteinPrincipal

Powers, Pyles, Sutter, Verville PC

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Disclaimer

The opinions included in the presentation are mine and do not necessarily represent those of the Department of Labor or any other agency or department of the Federal Government or any other organization or individual.

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Purpose of Presentation

Provide a framework for private and public employers carrying out responsibilities to:

• design;• procure;• maintain; and• use

accessible information and communication technology.

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Overview

• Definition and examples of information and communication technology (ICT)• Access to ICT as a gateway civil rights issue• Business Case for Access to ICT—Universal Design• Framework for Access to ICT• Responsibilities of and promising practices adopted by private sector

employers • Responsibilities of and promising practices adopted by federal contractors• Responsibilities of federal departments and agencies as employers• Conclusion• Resources

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Definitions and Examples of ICT

Information and communication technology (ICT) means:• equipment,• systems,• technologies, or• processes

for which the principal function is the creation, manipulation, storage, display, receipt, or transmission of electronic data and information, as well as any associated content.

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Definitions and Examples of ICT (cont.)

Examples of ICT include:• Websites;• Videos;• Electronic documents;• Computers and peripheral equipment;• Software;• Applications;• Information kiosks and transaction machines;• Telecommunication equipment;• Customer premises equipment; and• Multi-function office machines.

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Access to ICT as a Gateway Civil Rights Issue

• Web-based information and online application systems are major gateways to employment.

• Companies are frequently using Intranet websites to:• Conduct job-related testing;• Providing training;• Share information about fringe benefits and employer-sponsored

events and activities.• Access to ICT is becoming a gateway civil rights issue for

qualified individuals with disabilities.

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Business Case for Access to ICT—Universal Design

• Business case for providing access to ICT—UNIVERSAL DESIGN: • Designing products and services that are usable by people with

the widest possible range of functional capabilities.• This includes products and services that are directly usable

(without assistive technologies) and those that are made compatible or interoperable with assistive technologies.

• Assistive technologies include screen enlargers and readers, voice recognition, head-operated pointed devices, and sip and puff systems.

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Framework Regarding Access to ICT

• Definition of disability—three pronged test:• Physical or mental impairment that substantially limits one or more major

life activities;• A record of such an impairment; or• Being regarded as having such an impairment.

• Americans with Disabilities Act Amendments Act • Overturned trilogy of Supreme Court cases that narrowed the definition.• Disability must be broadly construed to focus on whether discrimination

has occurred.

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Framework Regarding Access to ICT (cont.)

• Qualified individual with a disability in the employment context:• Person who can perform the essential functions of

a job with or without reasonable accommodation.• Need not be able to perform marginal job

functions.

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Framework Regarding Access to ICT (cont.)

• Nondiscrimination/equal opportunity:• Treat people as individuals based on facts, objective evidence, and

science.• Ensure opportunities that are genuine, effective, and meaningful.• Adopt methods of administration that facilitate individualization and

meaningful opportunities:• Policy adoption;• Contracts or other arrangements (procurement policies);• Evaluation, testing, feedback;• Training and guidance; and• Designation of responsible individuals/offices.

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Responsibilities of and Practices Adopted by Private Sector Employers

• ADA prohibits discrimination on the basis of disability against qualified individuals.

• Definition of disability and qualified individual (ADA Amendments Act).

• ADA includes nondiscrimination requirements • Individualization; • Effective and meaningful opportunity; and• Methods of administration.

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Examples of DOJ Settlements with Employers and Others• DOJ Settlement Agreements (approximately 170)

• Specify that ADA covers internet and intranet website access as well as access to online application systems and mobile apps and other forms of ICT.

• Includes technical accessibility standard: Web Content Accessibility Guidelines (WCAG) 2.0 A and AA (Success Criteria).

• Prescribe methods of administration, including:• Policy adoption;• Contracts or other arrangements (procurement policies);• Evaluation, testing, feedback;• Training and guidance; and• Designation of responsible individuals/offices.

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Responsibilities of and Practices Adopted by Government Contractors

• Section 503 of the Rehabilitation Act (nondiscrimination and affirmative action by government contractors).

• Definition of disability and qualified individual (incorporate by reference ADA, as amended).

• Nondiscrimination• September 24, 2013 OFCCP rule revises and updates regulation

implementing Section 503.

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Responsibilities of and Practices Adopted by Government Contractors (cont.)

• Under the nondiscrimination provisions:• Contractors must ensure that applicants and employees with

disabilities have equal access to personnel processes, including those implemented through ICT.

• Contractors are required to provide necessary reasonable accommodations to ensure equal opportunity.

• Contractors are encouraged to make ICT accessible even absent a specific request for reasonable accommodation.

• Accessibility standards include Web Content Accessibility Guidelines (WCAG) 2.0.

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Responsibilities of Federal Agencies as Employers

• Rehabilitation Act of 1973, as amended:• Section 508 (responsibilities of federal agencies

to procure and use accessible ICT)• Section 501 (nondiscrimination and affirmative

action)

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Responsibilities of Federal Agencies as Employers (cont.)

Section 508:• Section 508 covers employees as well as members of the

public.• January 18, 2017 final regulations revise and update

standards published in Federal Register.• Benefits of final rule include:

• Increased employment of individuals with disabilities and • Increased ability to conduct job functions electronically.

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Responsibilities of Federal Agencies as Employers (cont.)

Section 508 (continued):• Harmonizes domestic ICT accessibility standards with

international standards—incorporate by reference the Web Content Accessibility Guidelines (WCAG) 2.0 A and AA (Success Criteria and Conformance Requirements).

• Provides more specificity about how operating systems and software apps should interact with assistive technology.

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Responsibilities of Federal Agencies as Employers (cont.)

Section 501:• On January 3, 2017, EEOC updated Section 501 rule (nondiscrimination and

affirmative action by federal agencies.• Incorporates by reference ADA definition of disability and qualified individual.• Nondiscrimination—incorporates by reference ADA nondiscrimination

standards.• Affirmative action plans must—

• Explain employees rights under Section 508;• Provide contact information for agency employee(s) responsible for ensuring ICT

access; and• Provide instructions on how to file complaints.

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Conclusion

• The Internet and Intranet, online systems, mobile apps, and other forms of ICT are integral to doing business in contemporary society.

• Universal design ensuring access to ICT by the widest possible population, including individuals with disabilities, is good for business.

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Resources

• Policy Brief: Summary Section 501 Rule, as amended (2017) Requiring Affirmative Action for Persons with Disabilities in the Federal Government

• Section 503 and Accessible Technology: What Federal Contractors Need to Know

• Policy Brief: Summary of the Access Board’s Final Rule Revising ICT Standards in Section 508 of the Rehabilitation Act

• How is the Department of Justice Addressing Website and ICT Accessibility• PEAT TALKS: The ADA and Accessible Workplace Technology• Accessibility Policy and Corporate Culture

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All About Access: The Business Case for Using Accessible Websites and Other Workplace Technologies

Josh ChristiansonProject Director

Partnership on Employment and Accessible Technology (PEAT)

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Why Accessible Technology Matters: Resources for Employers

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What is PEAT?

• The Partnership on Employment & Accessible Technology

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Policy Matters

Helping employers, employees, and technology providers learn about and understand the latest federal regulatory developments related to the accessibility of technology used in all aspects of employment.

www.PEATWorks.org/policy-matters

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Employment Lifecycle

• Accessible Technology & The Employment Lifecycle

• PEAT team mapped out over 40 different technologies needed to navigate these six stages

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2015 Report on eRecruiting

eRecruting & Accessibility: Is HR Technology Hurting Your Bottom Line? (2015)

• 46% rated their last experience applying for a job online as “difficult to impossible”

• Of those, 9% were unable to complete the application and 24% required assistance

View report and full infographic at www.PEATWorks.org/talentworks/content/

erecruiting-accessibility-report

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TalentWorks

Helping Employers Make Their eRecruitingTools Accessible

www.PEATWorks.org/TalentWorks

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TalentWorks (cont.)

Helping Employers Make Their eRecruitingTools Accessible

www.PEATWorks.org/TalentWorks

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TalentWorks (cont.)

Why accessible technology matters

www.PEATWorks.org/talentworks

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TechCheck

A powerful but simple tool to help employers assess their technology accessibility practices.

www.PEATWorks.org/techcheck

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All About Access: The Business Case for Using Accessible Websites and Other Workplace Technologies

Brett SheatsNational Project Director

EARN

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Employer Spotlights

• AT&T: Addressing accessibility at all levels

• Canon: Incorporating accessibility from the start

• Ernst & Young: Aligning accessibility with strategic goals

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Contact Information

• Brett Sheats National Project DirectorEARNEmail: BSheats@ViscardiCenter.org

• Robert SilversteinPrincipalPowers Pyles Sutter Verville PCEmail: Bobby.Silverstein@PowersLaw.com

• Josh ChristiansonProject DirectorPEATEmail: Jchristianson@peatworks.org

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Resources

• Employer Assistance and Resource Network on Disability Inclusion (EARN): http://www.AskEARN.org

• Partnership on Employment and Accessible Technology (PEAT): http://www.PEATWorks.org

• U.S. Department of Labor, Office of Disability Employment Policy (ODEP): https://www.DOL.gov/ODEP

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Audience Questions

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Audience Assessment Question

On a scale of one to five, how would you rate your knowledge and understanding of employer responsibilities and opportunities related to accessibility of websites, online systems, mobile applications, and other forms of information

and communication technology (ICT) in the workplace?

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Thank You!

Visit us at AskEARN.org

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