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Re: Regarding VPAT and litigation

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From: Jonathan Avila
Date: May 28, 2021 9:19AM

Generally speaking in the US under the Affordable Care Act Section 1557 and the ADA there are not technical specifications for meeting website conformance. Generally WCAG 2 is used as a goal and for evaluation, however, the likely test would be functional access. Does the site provide effective communication, can people with disabilities access and enjoy the goods, services, and privileges, does the organization have a policy and programs in place to become and remain accessible. I am not in a position to offer legal advice but you'd generally want to make sure the site is functionally usable to people with disabilities and also make sure you have the proper policies in place to address any feedback and make sure future updates are accessible, etc.

Jonathan

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From: WebAIM-Forum < <EMAIL REMOVED> > On Behalf Of Dhananjay Bhole
Sent: Friday, May 28, 2021 10:58 AM
To: WebAIM Discussion List < <EMAIL REMOVED> >
Subject: [WebAIM] Regarding VPAT and litigation

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Hello,

Can any buddy assist me in understanding following case?

One of our customer which is a non for profit organization providing paramedical support to people has recently remediated their website for section 508 compliance and filed VPAT.
The website could not be completely remediated as we could not fix some low level issues due to some technical reasons of the already used template in the website. However those issues are not blocking any major or minor functionalities of the website. Only it shall affect the comfort of users with disabilities.

How much is the threat of non compliance of this website in USA?

Can I get any legal opinion on it.

Regards
--
Dhananjay Bhole,
Accessibility evangelist,
Cell: +919850123212
Website: http://www.sites.google.com/site/dhananjaybhole