In the previous article I produced a short history about Website accessibility issues and possible legislation that would affect how corporations build and maintain Websites in the near future. While none of these issues have become "law" for business or personal Websites, Europe and the U.K. seem intent on pressing this issue as they hash out the languages contained within certain policies. What does this mean for investment and employment possibilities in the U.S.?

From my vantage point as a Web designer and as a writer, I see good news and bad news in both arenas. I'll give you the bad news this week, because the bad news isn't that bad. And, you need to understand the bad before I tell you about the good.

If you type the words, "accessibility lawsuits" into your favorite search engine and look for recent news about this topic, you'll discover that most accessibility liability lawsuits in the U.S. focus on the handicapped and their lack of access to physical buildings. But, if you type "Website accessibility lawsuits" into a search engine, you'll discover some companies which have been sued over the past five years over inaccessibility, mainly by blind Internet users.

Is there a connection between accessibility to public buildings and to Websites? In the U.S., yes. For instance, access to public buildings is moderated by the American Disabilities Act, or the ADA, and defined by the Americans with Disabilities Act Accessibility Guidelines (ADAAG). However, the ADA also covers telecommunications issues, and that's where the line between physical and virtual reality becomes blurred. The Department of Justice perpetuates this confusion as they currently debate whether corporate Websites are "public places of accommodation" rather than "services" as defined by some European countries.

Accordingly, the United States Access Board, a federal agency which is committed to accessible design, also addresses building codes, telecommunications, and - as of 2000 - Electronic and Information Technology Accessibility Standards. However, the latter standards apply only to federal government Websites. The deadline for all federal Website compliancy was 21 Jun 2001, but many federal sites still remain inaccessible to users (although all new federal sites must be accessible to as many users as possible). And, while these federal mandates haven't floated down to state government or corporate Websites, the push is on to create more online accessibility in these areas.

How does this push affect your investment choices? At the moment, the only thing that suffers in an inaccessible Website lawsuit is that corporation's public image, because - under current conditions - the case will most likely be thrown out of court. In most cases, a smear on corporate public image creates only a minor blip in stock market charts. However, if you think about bottom lines rather than human rights issues, inaccessibility means that some people with money cannot access certain sites to buy goods and services.

As the UK and Europe continue to press the legalities of corporate Website accessibility, and as users and developers continue to press human rights issues, the possibility that your investment choice may be embroiled in a Web accessibility lawsuit may increase.Who will be to blame when your company is sued for Website inaccessibility? Most likely, the finger(s) will point to theWeb developer who oversees the Web development or the person who commissions the Website to be built. In some cases, this person is in-house, and you might not hear about that person's fate and your stock may not feel the repurcussions from changes to the in-house Web development department if that corporation is sued.

In other cases, an advertising and/or design agencies - even other corporations - are employed to oversee corporate Website development. If you invest in any design agency, you might investigate now whether that agency knows about the issues I discussed in the previous article. If they don't, then I would wonder why, especially since this subject is a hot topic in the Web development world. If you invest in an agency that repeatedly creates inaccessible sites, then your stock in that firm may suffer if their clients are sued for Website inaccessibility.

How do you know if your investment is concerned about their Website accessibility? The best way to discover whether they've addressed the issue or not is to look for a page about accessibility on their Website. Another way to research corporate Website accessibility issues is to peruse the pages at GAWDS (The Guild of Accessible Website Designers). While you may learn about some bad news at this site, you can also learn about the companies that are concerned about accessibility standards.

The other issue about Website accessibility concerns user agent manufacturers, or companies which produce computers and operating systems (OS) which run the computer's browser. While browsers have become more and more compatible over the past decade, only certain browsers can employ the use of braille or screen reader technology. You can learn more about this latter technology when you type "assistive technology" into your search engine.

Another way to investigate whether your tech investment manufactures accessible machines is to look at the World Wide Web Consortium's (W3C) User Agent Accessibility Guidelines and compare their standards to what your investment offers in their merchandise. You might be surprised at how many technology firms don't maintain Websites that can be read by disabled or blind viewers, let alone produce equipment which doesn't meet accessiblility standards.

The only other bad news I have about possible accessibility legislation is that you might lose your job if you work on Websites and if you don't understand accessibility issues. If you're involved with companies that produce telecommunications equipment, you might bone up on the information as well. Face it - although legislation might be years away from reality, the issues are on the table now. Once you become familiar with the issues, the good news will arrive?next week!

Until Then,
Linda Goin