Digital Accessibility Is a Win-Win for All Beyond mere compliance, accessibility for people with disabilities is a business opportunity

Episode 219 October 02, 2024 00:25:02
Digital Accessibility Is a Win-Win for All Beyond mere compliance, accessibility for people with disabilities is a business opportunity
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Digital Accessibility Is a Win-Win for All Beyond mere compliance, accessibility for people with disabilities is a business opportunity

Oct 02 2024 | 00:25:02

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Hosted By

Eddie Arrieta

Show Notes

Beyond mere compliance, accessibility for people with disabilities is a business opportunity

By Bridget Hylak and Gosia Wheeler

The authors argue that ensuring access to digital products and services for people with disabilities is not only a legal requirement and an ethical practice, but also a great business strategy for reaching new consumers.

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Episode Transcript

[00:00:00] Digital accessibility is a win win for all. Beyond mere compliance, accessibility for people with disabilities is a business opportunity. [00:00:09] By Bridget Hylik and Goja Wheeler we all remember the surreal events beginning in March of 2020 and the first time the possibility of a global pandemic hit. The news was horrific enough to stop most of us in our tracks and swallow hard. Soon after, the world came to a standstill. Schools, businesses, houses of worship, and governments were no longer able to offer products and services face to face. Almost overnight, they were forced to transition from a brick and mortar environment to digital operations. [00:00:43] New takes on old offerings were quickly conceived or considerably ramped up and adopted by consumers, like buying groceries online, working and learning remotely, dating virtually, or binge streaming entertainment. Many of these hastily created solutions evolved without any consideration for digital or linguistic accessibility at the time. Under the circumstances, perhaps there was an excuse. But now time is on our side to stay proactive and compliant, as well as to appeal to the largest possible audience, including individuals with disabilities. Every organization needs to pause and reflect on the following when crossing the physical to digital bridge, did we unintentionally introduce barriers preventing certain people from consuming our online goods and services? [00:01:33] What are the legal implications of being inaccessible? How can we evaluate and remediate potential concerns? What is the impact of accessibility compliance on our budget? [00:01:44] Understanding consumers the world population has reached over 8 billion people, 16% of whom have disabilities, according to the World Health Organization. [00:01:55] That's over 1.25 billion people. [00:01:59] Disabilities impact how individuals see, hear, move, learn, or speak, including what their first language might be, ultimately requiring a different approach when consuming digital content or communicating. But disabilities dont prevent this population from being active consumers with an appetite for fashion, entertainment, food, travel, and more. In the United States, US alone, the Centers for Disease Control and Prevention estimates that 61 million Americans are disabled. The US Department of Labor and the National Organization on Disability report that Americans with disabilities represent more than $200 billion in discretionary spending. Statistical data of great relevance that no good business should ignore. [00:02:46] Understanding legal requirements a growing body of international laws and policies asserts that access to digital content is a civil and human right. In other words, consumers should experience no barriers when accessing websites, music, movies, audiobooks, video games, software, or any other digital product or service, and that includes access in their own language. The United nations, made up of 193 member states, defines digital inclusion as equitable, meaningful, and safe access to use, lead and design of digital technologies, services, and associated opportunities for everyone everywhere. It further for everyone who wants to be connected, we should guarantee the availability and accessibility of the Internet digital devices, services, platforms and relevant content affordable access to them and to critical digital and other skills, education and tools and equitable participation in safe, discrimination free online spaces with the opportunity to create content and consider and involve different groups in the design, development, testing, and assessments of digital devices, services, platforms, and policies. There is no shortage of reading material for your accessibility teams to become familiar with, and businesses are advised to invest in compliance efforts to reduce legal risk. On the flip side, realize that understanding these requirements also presents an opportunity for language and digital accessibility service providers. If we can stop thinking of the law as a burden, cost, time, sink, or checklist, we can start remembering that the law is in this space because accessibility is a civil right of disabled people, says internationally recognized disability rights attorney Lainey Feingold. When making business decisions regarding accessibility, organizations should research legal requirements specific to where their activities are conducted. [00:04:50] Europe the European Accessibility act is a European Union law adopted in April 2019 that sets new EU wide minimum accessibility requirements for a range of products and services. [00:05:05] It is a directive, which means it sets binding accessibility goals but leaves EU member states to decide how they want to reach them. Member states have now adopted their own laws implementing the directive. The EAA is applicable both to EU companies and non EU based companies offering covered products or services in the EU. Enforcement of the EAA and laws of individual countries will begin on June 28, 2025. [00:05:33] United States the Americans with Disabilities Act ADA was signed into law on July 26, 1990. It prohibits disability discrimination and requires access to services and facilities as well as effective communication. In the 34 years since it was passed, it has evolved to also cover digital accessibility. As an example, in April 2024, the US Department of Justice published a rule on the accessibility of web contents and mobile apps provided by state and local governments for organizations receiving funding from the us federal government. Section 504 of the Rehabilitation act of 1973 outlaws discrimination in federal programs or programs receiving federal aid or employment. Subsection 508 of this act, in particular, requires federal agencies to make electronic and information technology accessible to people with disabilities. [00:06:33] Additionally, the US Department of Transportation Air Carriers Access act requires airline websites and kiosks to be accessible, and the Affordable Care act section 1557 requires that technology be accessible when an entity receives federal funds as part of the ACA. [00:06:52] Australia Australias disability Discrimination Act DDA, passed in 1992, is supplemented by a series of legally binding disability standards and guidelines, including for Internet access. [00:07:07] The broad scope of the DDA was noteworthy for its time and represented a significant step toward broad inclusion, covering employment, education, accommodation, transportation, and access to premises, goods and services. [00:07:22] The DDA simultaneously mandated reasonable adjustments and established a complaints mechanism through the Australian Human Rights Commission. [00:07:32] Canada in 2019, Canada passed its first federal accessibility legislation called the Accessible Canada act. Among other things, the act establishes accessibility standards. Canada, an independent organization responsible for developing and maintaining accessibility standards for various sectors, along with enforcement mechanisms such as inspections, compliance orders, and administrative monetary penalties. A quick guide to the Accessible Canada act is helpful. As a summary, many canadian provinces also have accessibility laws. Japan Japans 2016 Landmark act for eliminating discrimination against persons with disabilities prohibits disability discrimination and highlights the need for awareness, reasonable accommodations, and government responsibility. The act has positively impacted Tokyo's public transportation system with new accommodations such as elevators, ramps, tactile paving, and audio announcements. It also provides for information accessibility, a term that includes web content. However, shortcomings such as limited enforcement and a vague definition of reasonable accommodation have yet to be worked out. Compliance enforcement in the race toward accessibility, which admittedly involves a bit of a moving target in an evolving landscape, missteps and failures happen every day. Some are minor and can be corrected by a complaint to an administrator or official, while others can dramatically affect an organization's reputation or bottom line. Certain compliance failures even rise to the level of legal action, fines, or sanctions. In 2022 alone, there were more than 4000 digital accessibility legal cases filed in the US, 600 against defendants already sued, 600 against companies using an overlay, and 97% against websites. More recently, in May of 2024, the US Equal Employment Opportunity Commission sued PepsiCo for failing to provide reasonable accommodations to a blind employee in North Carolina, which is a federal violation of the ADA. The employees subsequent termination added legal insult to injury. Federal intervention on behalf of americans with disabilities also came to the forefront in June 2024, when the DOJ entered into a settlement with various counties in Texas found in violation of Title II of the ADA. [00:10:07] These counties were accused of publishing election websites without adequately accommodating individuals with vision or mobility disabilities. [00:10:15] Voting in the 21st century requires that officials make their websites accessible to people with disabilities, said assistant attorney general Kristen Clark of the DOJ's civil rights division. It's critical that organizations continually look for ways to integrate accessibility into their product development. Shortcuts don't work, Feingold says. Products that promise legal compliance with no effort and simple installation of one line of code often create additional barriers and don't shield organizations from liability. Accessibility requires careful attention, understanding, return on investment. [00:10:53] Is it politically correct to discuss accessibility compliance as a revenue stream? Organizations strive for accessibility for different reasons, to do the right thing, to avoid legal troubles, compliance for compliances sake, and to make money when it comes to diversity, equity, inclusion, and accessibility, duh. Parts of the conversation overlap. In this particular case, the fact that corporate social responsibility also happens to be good for business is a fortunate bonus and one that should be considered a critical line item in the annual budget. The seal letter on disability inclusion, signed by 205 large global enterprises, reports that companies that have led on key disability inclusion criteria have realized one six x more revenue, six x more net income, and two x more economic profit than other participants in a survey by disability and a non profit resource for business. Disability inclusion mutual success theres no doubt that investing in digital accessibility is good for business, especially because these investments might benefit a lot more people than you expect. A shining example is the audiobook. In 1932, the American foundation for the Blind created audiobooks on vinyl, spurred on in part by Thomas Edison's own hearing disability, which led him to develop the phonograph in 1877. The popularity of audiobooks has skyrocketed in recent years, accommodating not only those with low or no vision, but also anyone who prefers to listen to a book while driving or walking. The New York Times reports that audiobooks have become a lucrative format for publishers. Digital audiobooks grew more than 500% between 2013 and 2022, reaching $839 million in revenue. For certain genres like self help and celebrity memoirs, audio sales can match or exceed print sales. Voice AI is another example. [00:12:59] Amazon's director of accessibility for devices and services, Peter Korn, explained that voice features, such as a newly added search feature for Amazon's Fire tv show, how the things we do for people with disabilities may also be valuable for everyone else. Rucha L. Sheth, vice president of customer success at Nimzi Insights, commented that many products and services originally designed for the general population have been embraced by and have found significant utility within the disability community. [00:13:30] Though some products and services find use cases for their releases in people without disabilities, which is a very fortunate byproduct, the reverse is also true. Examples include touchscreen technology, particularly helpful to those with motor disabilities, noise cancelling headphones, useful to those with autism or sensory processing disorders, and closed captioning, beneficial to those with learning disabilities and attention deficit disorders. [00:13:58] Case studies consider the following examples of companies that invested in accessibility transferfix development of its award winning Globlink technology was driven by a combination of strategic, financial, and ethical motivations. According to the company's head of division for software, Glevinen Solutions Semi Altenex. Initially sparked by a client need, we recognized a broader market opportunity to offer accessible solutions. Aligning with our mission to provide global access and inclusivity. Altene elaborated that the initiative also demonstrated clear financial benefits, generating significant revenue, supporting the business case for investment in accessibility and setting a standard for inclusivity in translation technology. Netflix has been heavily investing in making tv shows and movies linguistically accessible by offering subtitles in 20 languages. [00:14:55] While subtitles were originally intended for deaf and hard of hearing audiences in the post pandemic world, they are commonly used by everyone, including parents of sleeping children, commuters on public transport, and non native language speakers. [00:15:10] It should come as no surprise, then, that Netflixs shift to a more linguistically inclusive viewer. Experience is a contributing factor to the dramatic increase in its subscribers and revenue. Following a substantial increase in the popularity of video games during the pandemic, there is a growing demand for video game localization done accurately by professionals to avoid translation errors or cultural blunders. [00:15:36] Gaming companies that invest in digital inclusion see dramatic revenue increases. For instance, Tencent generated 7440 $2 million in revenue in Q 320 23, followed by Sony with 3000 $410 million. As one of the prime leaders in digital accessibility in the corporate world, Microsoft funded the development of the Seeing AI app, which uses computer vision to identify objects and people in real time, helping people with visual impairments navigate their surroundings using their smartphones. The free to download app, currently available in 16 languages, can also read text aloud and describe images. In June 2024, Yelp announced that it is making updates to its website to enhance screen reader navigation, improve color contrast, and include alternative text descriptions generated by AI on photos. It is also establishing an accessibility resource hub to help business owners learn how to better accommodate people with disabilities. Barrier Break has designed an accessible stock ticker with features such as sufficient contrast and spoken dynamic ticker updates to help people with disabilities trade stocks independently. Disney offers a wide range of digital accessibility features, among them an audio description for the blind or visually impaired that describes what is shown on screen during video playback. [00:17:05] Moreover, Disney takes their accessibility efforts beyond English. Frozen was translated into 41 languages and Moana into 46, including Maori and Tahitian, to represent the cultures being showcased. In a real statement toward bridging the gap between language services and accessibility, Memic introduced accessibility enhancements for visually impaired linguists. As with the Globlink example, Memic's focus in this case demonstrates a trailblazing effort at the very heart of the industry. Conversation implementing digital accessibility so how does an accessibility focus team get started? The good news is you don't have to reinvent the wheel. Clearly stated standards developed by the Web Accessibility initiative through the w three C process help guide organizations on the path toward compliance. The internationally recognized web content accessibility guidelines outline steps to ensure an organizations digital products and services fulfill legal mandates. [00:18:12] At the highest level, WCAG is organized into four general accessibility principles under the acronym poor perceivable can my clients consume the spoken or written digital content in ways that fit their needs? For example, individuals who are hard of hearing benefit from watching a movie with subtitles in their native language. Similarly, the blind benefit from listening to audio versions of translated books. [00:18:40] Can my consumers navigate the website recording or other digital output using a mouse, keyboard, or voice control? Whether you have carpal tunnel syndrome or use a screen reader, you should be able to navigate and complete any task in the digital space. Understandable can my clients comprehend the meaning of the original or translated content in localized digital assets? It is important to use language that correctly captures the richness of cultural nuance and accommodates people of all ages and abilities, including those with cognitive disabilities, speakers of English as a foreign language or non english speakers robust does my contents work across platforms, desktop, laptop, tablets, and mobile, and for different assistive technologies like screen readers or navigation tools? Other actions you can take familiarize yourself with the Seal letter on disability inclusion. Learn from expert sources like Webaim, AVT Masterclass or December Join the International association of Accessibility Professionals, watch w three cs web accessibility perspectives videos and read the related articles. This October, during National Disability Employment Awareness Month, study the US Office of Disability Employment Policies year round. Employer strategies check out the winners of the annual Disability in Inclusion Awards. Consult with the international language Equity and Accessibility Drivers, a newly formed group of professionals at the intersection of these disciplines. For more information, please reach out to the authors specifics of multilingual accessibility. As companies work to make their products and services accessible with the additional layer of language access, its important to highlight a few specific challenges. Organizations should ensure that in the pursuit of language access, they do not unintentionally introduce additional barriers that widen the gap. To be in proper compliance with accessibility law, language services must be high caliber and provided by experts. End users privacy and data should be duly protected. The ability to opt out of data collection and storage is an important consideration specifically mentioned by the safe AI stakeholders advocating for the fair and ethical use of AI in interpreting task force guidance on AI and interpreting approaches to accessibility, Sheth wisely points out that capitalizing on a fortunate byproduct is one thing, but properly investing in DEA as an enterprise needs to be your primary objective. When you look at DEA in a commercial sense, you need even more thought, more teams, more effort and returns get distributed across all use cases. [00:21:34] Going after DEA for the right reason. Treating it as CSR is definitely an important business decision beyond just legal requirements. At that point, the question becomes how far do you want to go with it? How far will you take it? An interdisciplinary approach and a broad perspective that bridges different accessibility concerns is required. Offer choices to ensure that people with different disabilities or a combination of them can pick what works. For example, providing printed and digital versions of a publication allows someone with a visual disability to access it with a screen reader on the device of their choice, while others, including digitally marginalized people, can read the printed copy. Often, a combination of approaches is needed. A deaf portuguese national in need of medical assistance while traveling in Asia may require remote video support of a portuguese sign language interpreter, while a french speaking person in the US with a learning disability might require translated in simplified job training materials. Likewise, digitally marginalized people may struggle to interact with a remote or AI interpreter through a kiosk. Someone with a visual impairment from Moscow might require not only a book translation into Russian, but also a narrated audiobook or a screen reader accessible version. Clearly, these solutions cant be developed in a vacuum. All colors of the rainbow must be represented and in some cases blended together to produce the appropriate solution for all. Conclusion the ultimate goal of digital accessibility is seamless invisible connection. [00:23:16] Organizations proactively investing in accessible digital content and their customers preferred languages are winning in more ways than one and so are the companies that help them get there, regardless of the product or service an organization delivers. Ignoring linguistic digital accessibility or opting for an automated solution without proper vetting and validation can negatively impact bottom lines and reputations, which is the anti goal of any corporate strategy. In the end, whats most important is the impact that these decisions and solutions have on individuals. In this day and age, we have endless skill sets, professionals, and technology to use for the benefit of others, as well as a heightened understanding of the importance of community and social responsibility. [00:24:05] Why should anyone be excluded? [00:24:08] This article was written by Bridget Hyluk, a language industry speaker, consultant, author, and trainer working hard to bridge the gap between siloed industry sectors. She serves on numerous committees nationwide, is chief industry strategist for two successful startups, and is a sought after expertise. Recently interviewed by Time magazine and NPR. Angosha Wheeler, a polish to english translator specializing in technology and digital accessibility. She is a member of the IAAP and a certified accessible document specialist. Ads. She is also an active contributor to the TED Translators program, creating polish and english subtitles for TED talks originally published in multilingual magazine, issue 232, September 2024.

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