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Tuesday, December 16, 2014

Business online accessibility matters too for people with disabilities

wanted to share article on businesses responsibility for online accessibility.

CINCINNATI.COM | By Jack Greiner* | Dec. 2014

Don't think you can avoid the Americans with Disabilities Act simply because you operate an online business. Even a business with no bricks and mortar has to be aware of the needs of disabled customers. Online grocer Peapod.com recently learned that lesson. It entered a SETTLEMENT with the United States Justice Department to resolve allegations that its website violated the ADA.

Peapod is an internet grocer based in Chicago. Customers can order products in a broad range of categories, including meat and seafood, deli items, prepared foods and health and beauty aids. Customers can place orders seven days a week for delivery as soon as the next day or up to two weeks in advance.

I've not had occasion to use Peapod, although I am a big fan of online shopping. But other folks who would like to take advantage of Peapod have not been able to do so. The Justice Department has been investigating allegations that Peapod's website was not accessible to customers dealing with blindness, hearing impairments and conditions affecting manual dexterity.

Peapod disputes the claims, but decided to settle rather than continue the fight. Under the agreement, Peapod must:

• Adopt a web accessibility policy and annually distribute the policy to all employees and contractors.

• Ensure that all web pages, web applications and web content conform to the Level A and Level AA success criteria and conformance requirements of the Web Content Accessibility Guidelines 2.0 (WCAG).

• Post a notice on its home page providing a toll-free number that disabled customers can call to obtain assistance.

• Designate an employee to serve as its web accessibility coordinator.

• Retain an independent web accessibility consultant, who will conduct annual reviews of the website and mobile applications.

• Provide annual training on web accessibility to personnel involved with web site content.

• Conduct automated accessibility testing of its web site, as well as testing by individuals living with a variety of disabilities.

If your business has any online presence (and it's hard to envision a business these days that doesn't), you may want think about how accessible your site is. Better to fix it now than as part of a Justice Department proceeding.

*Jack Greiner is a lawyer with the Graydon Head law firm in Cincinnati and represents Enquirer Media in First Amendment and media issues.
http://www.cincinnati.com/story/money/2014/12/14/disability-access-matters-online/20158515/

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