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Accessibility Statement

  • acesibiliity standards

"Our Goal: Five Below is committed to ensuring digital accessibility for people with disabilities. We are continually improving the user experience for everyone and applying the relevant accessibility standards. Our goal is to conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA, a set of guidelines developed by the World Wide Web Consortium (W3C) to ensure that digital content is accessible to everyone."

"Current Status: We are currently in the process of assessing our website's conformance with these guidelines. While we strive to meet this standard, we acknowledge that some areas may still be under development."

Parallels to brick-and-mortar stores​

This is where the direct parallel becomes the most obvious. WCAG (Web Content Accessibility Guidelines) are the digital equivalent of the ADA's physical accessibility guidelines. The legal basis is the same: the Americans with Disabilities Act (ADA).

  • WCAG for Websites: The WCAG guidelines are a technical standard that courts have adopted to define what "accessible" means in a digital context.
  • ADA for Buildings: The ADA's requirements for physical spaces are just as detailed, if not more so. They are highly specific, dictating things like:
    • Ramp slopes: A maximum slope of 1:12 (1 inch of rise for every 12 inches of length).
    • Doorway widths: A minimum clear width of 32 inches.
    • Checkout counters: At least one accessible counter no higher than 36 inches.
    • Accessible parking spaces: A specific number and size of spaces, including van-accessible spots.

A physical business is required by law to comply with these building and architectural standards, and they can and do get sued for not meeting them. The reason they don't have an "accessibility statement" posted on the door is that their compliance is assumed and verifiable through a physical inspection.

In short, the underlying legal principles are identical. The difference is in the medium. Your work as a software engineer is about applying these same long-standing legal principles of notice, consent, and accessibility to a new, evolving digital medium.

The legal requirement for an accessibility statement varies depending on the jurisdiction and the type of organization. Here's a breakdown:

In the United States:

  • Federal Agencies:
    • Section 508 of the Rehabilitation Act mandates that federal agencies and their contractors make their electronic and information technology (EIT) accessible.
    • While Section 508 doesn't explicitly require an "accessibility statement" in the way some people think of it, federal agencies are required to provide information to users about their accessibility. Therefore, providing an accessibility statement is considered a component of compliance. In addition, recent OMB memorandums have reinforced the need for federal agencies to provide this information.
  • Private Businesses:
    • The Americans with Disabilities Act (ADA) requires businesses that are "public accommodations" to provide equal access to their services, which can include their websites.
    • While the ADA doesn't explicitly mandate an accessibility statement, it requires websites to be accessible. Therefore, having an accessibility statement is considered a best practice and evidence of efforts to comply with the ADA.
    • It is important to note that the legal landscape around website accessibility is still evolving, and there has been increasing litigation around ADA compliance and website accessibility.
  • State and Local Governments:
    • Title II of the ADA applies to state and local government entities, requiring them to provide accessible services and programs, which includes their websites.

Key Points:

  • While a standalone "accessibility statement" might not always be explicitly required, the underlying principle is that websites must be accessible.
  • Providing an accessibility statement is a strong indicator of your commitment to accessibility and can help mitigate legal risks.
  • Following the Web Content Accessibility Guidelines (WCAG) is widely considered the best way to ensure website accessibility.

In summary, while the specific legal requirements can be complex, having an accessibility statement is highly recommended as a best practice and a way to demonstrate compliance with accessibility laws.

WCAG Accessibility Statement (WCAG Only, not ADA)​

This is the most complex area, as the legal landscape is heavily intertwined with the Americans with Disabilities Act (ADA), even if a site isn't a government entity. You correctly noted that WCAG itself is not a U.S. law. It's a set of international technical guidelines developed by the World Wide Web Consortium (W3C).

However, while WCAG is not law, it has become the de facto legal standard for website accessibility in the U.S. through case law and legal settlements.

  • WCAG as a Standard: Federal courts and the Department of Justice have repeatedly referenced WCAG as the benchmark for a "place of public accommodation" to comply with the ADA. For example, in the landmark case of Gil v. Winn-Dixie Stores, Inc., the court specifically mandated that the company's website comply with WCAG 2.0 Level AA standards.
  • Case Law Precedent: The legal consensus, built through a series of federal court rulings, is that commercial websites can be considered a "place of public accommodation" under the ADA, even without a physical location. In these lawsuits, a plaintiff will allege that an inaccessible website is discriminatory, and the courts will often look to WCAG standards as the "reasonable accommodation" a business should make.
  • Accessibility Statements: The WCAG guidelines themselves don't explicitly require an accessibility statement. However, in the context of U.S. litigation, an accessibility statement is considered a best practice and can be used to demonstrate good-faith effort and due diligence. A robust accessibility statement not only declares your commitment to WCAG standards but also provides a clear channel for users with disabilities to report issues and seek assistance. This can be a significant factor in mitigating legal risk.

Key takeaway for your clients: While you're focusing on WCAG and not ADA, the reality is that in the U.S. legal system, WCAG is the technical framework used to prove or disprove ADA compliance. Therefore, for an e-commerce website, following WCAG standards (typically Level AA) and including an accessibility statement is not just a best practice, but a critical legal defense and a sign of compliance with established judicial precedent.

Given your background with agile principles like SCRUM and SAFe, this framework of legal requirements can be integrated into your development lifecycle. You can treat these legal documents and accessibility features not as a one-time task but as an ongoing part of your product backlog, ensuring your clients' websites are always compliant and mitigating their legal risks.

This is a great follow-up question. The legal requirements for a static, informational website with no user accounts or e-commerce functionality are quite different from a transactional site, and it's important for you and your clients to understand the nuances. The core principle of risk management remains, but the nature of the risks changes.

Here is a breakdown of the legal landscape for a static informational website in the U.S.

WCAG Accessibility Statement​

The need for a WCAG accessibility statement is arguably the most consistent and important requirement for any public-facing website, regardless of its function.

  • ADA and Public Accommodation: The same case law that applies to e-commerce sites (e.g., Gil v. Winn-Dixie) has established a clear precedent: a commercial website can be considered a "place of public accommodation" under Title III of the ADA. This is not limited to just transactional or government websites. The argument is that if the website provides information or services to the public, it must be accessible to people with disabilities.
  • WCAG as the De Facto Standard: While the ADA itself doesn't mention WCAG, U.S. courts and the Department of Justice consistently reference WCAG 2.1 Level AA as the technical standard for compliance. A lawsuit can be brought against a company simply because their informational website is not perceivable, operable, or understandable by people using assistive technologies.
  • The Accessibility Statement as a Legal Defense: For your clients, an accessibility statement is not just a nice-to-have. It's a proactive risk-management tool. It demonstrates the business's commitment to accessibility and can be a key part of the defense in a lawsuit. A good statement should:
    • State the site's conformance level (e.g., "WCAG 2.1 Level AA").
    • Detail the ongoing efforts to improve accessibility.
    • Provide a clear and accessible way for users to report accessibility issues.

Key takeaway for a static site: The lack of e-commerce or account creation does not make a site exempt from ADA-based accessibility lawsuits. In fact, a static informational site is still considered a public-facing entity, and therefore, it is legally prudent to conform to WCAG guidelines and provide a public accessibility statement. This shows a commitment to inclusion and provides a valuable legal defense.