The Truth about Accessibility Overlays

In the ever-evolving web accessibility landscape, many businesses turn to automated solutions known as accessibility overlays. These tools, like AccessiBe's "AccessWidget," play a role in addressing some accessibility issues and can be part of a broader strategy for compliance with ADA and WCAG standards. However, recent legal developments and industry critiques suggest that these overlays may not be the comprehensive solution they claim to be. This post will explore the pitfalls of relying solely on accessibility overlays and why comprehensive, human-led audits are essential.

The Case Against AccessiBe

A recent class action lawsuit filed by Tribeca Skin Care against AccessiBe brings the shortcomings of accessibility overlays into sharp focus. Despite using AccessiBe's overlay to ensure ADA compliance, Tribeca was sued for having an inaccessible website. The lawsuit alleges that AccessiBe's product did not deliver on its promises, leaving Tribeca vulnerable to legal action and failing to provide an accessible user experience. The issues raised in the lawsuit include claims that the overlay did not make the website fully accessible interfered with assistive technologies and gave a false sense of security about compliance.

Why Accessibility Overlays Fall Short

Limited Scope of Fixes

Accessibility overlays typically address surface-level issues, such as adjusting font sizes, color contrasts, and adding alt text to images. They might improve these aspects of accessibility, but they often fail to provide a comprehensive solution. In contrast, a comprehensive solution would address underlying code issues, ensure compatibility with various assistive technologies, and provide user-specific customizations. For example, overlays might not fix problems with form labeling, ARIA roles, or dynamic content updates.

False Sense of Security

Businesses relying solely on overlays may develop a false sense of security, believing their sites are fully compliant when they are not. This can lead to complacency and a lack of further investment in accessibility improvements, potentially exposing them to legal risks and reputational damage. Overlays can create an illusion of compliance without addressing the root causes of inaccessibility.

Increased Litigation Risk

Ironically, using accessibility overlays can increase the risk of litigation. As highlighted in the Tribeca case, overlays can signal that a business has taken a shortcut, which might attract lawsuits rather than prevent them. The presence of an overlay might be perceived as an acknowledgment of accessibility issues without fully resolving them, thus inviting legal scrutiny.

The Need for Comprehensive Audits

Human-Led Audits

At fare·well, we advocate for comprehensive, human-led accessibility audits. These audits delve deeper into the structure and functionality of websites, identifying and rectifying issues that automated tools might miss. Human auditors can evaluate context-specific scenarios, user interactions, and the overall user experience more effectively than computerized tools.

Ongoing Support and Updates

Accessibility is not a one-time fix but an ongoing commitment. Regular audits, updates, and user feedback are crucial to maintaining compliance and providing an inclusive user experience. This ongoing support ensures that your website remains accessible and user-friendly over time. It includes continuous monitoring, addressing new accessibility issues as they arise, and adapting to changes in accessibility standards and technologies.

How to Do It Right

The recent lawsuit against AccessiBe underscores the limitations and risks of relying solely on accessibility overlays. For businesses serious about digital accessibility, comprehensive, human-led audits, and ongoing support are indispensable. These audits empower you with a deeper understanding of your website's accessibility and the necessary steps to improve it.

To ensure your website is accessible and compliant, contact fare·well for a free strategy call. Let's work together to create an inclusive digital space for all.

For more information on the lawsuit against AccessiBe, you can read the full article here.