Target settles accessibility lawsuit for $6 million

Think accessibility isn’t a big deal, and is only one of those issues “the other guy” has to deal with?

So did Target. And now they’ve lost $6,000,000 because of it.

In case you hadn’t heard, Target was sued by the National Federation for the Blind because its website was inaccessible for visually-impaired web surfers. At issue in the suit was whether the same accessibility standards for brick-and-mortar stores applied in cyberspace. The verdict: yes, most definitely. The suit became a class-action lawsuit, and yesterday Target settled the case, agreeing to establish a $6 million fund to pay out settlements.

Any web developer worth their salt will tell you this situation was completely avoidable.  Roger Johansson, Derek Featherstone, and Jeremy Keith (among many, many others) have been advocating progressive enhancement principles that prevent this kind of inaccessibility for a few years now. It’s amazing to me that companies as big as Target have effectively said “so what?” to such a significant number of potential customers.

Accessibility in e-learning

As an e-learning developer, I spend a lot of time wondering how the various learning management systems (LMS) have managed to skate by accessibility requirements. In my experience, almost every LMS I’ve seen uses outdated coding techniques (or over-the-top ajax) that make their system partially, if not completely, inaccessible. I often go through great pains to make my courses as accessible as possible, only to be forced to load them into a completely inaccessible LMS.

If U.S. Federal law (Section 508) requires federally-funded websites to be accessible, doesn’t that include many educational websites and web services such as LMSs and online courseware? Section 508 is ten years old already… why are so many of our LMSs and courses as inaccessible now as they were in 1998?

Probably because developers who code with accessibility in mind are still considered specialists in a small niche, when we should really be at a point where they’re a dime a dozen. Accessibility best practices should be a no-brainer, taught in entry-level web development classes alongside standardized (x)HTML markup and valid CSS.

Accessibility is essentially a non-conversation in e-learning. LMSs rarely use accessibility as a selling point, and e-learning course development tools often completely ignore accessibility (especially the Flash-based tools). This has to change, but as we all know, until there’s strong pressure or some kind of impetus to change, nothing will happen.

  • There are very few technical standards in e-learning besides SCORM, and SCORM doesn’t address accessibility; thus there is no technical enforcement for accessibility standards.
  • The e-learning development industry hasn’t felt pressure in the marketplace, so there’s no financial incentive. (Quite the opposite, actually; the industry has been leaning more and more towards inaccessible Flash-based courseware, hoping that Adobe will save the day by making Flash more accessible.)
  • The Feds haven’t really been enforcing 508 (I bet very few Fed employees even understand accessibility well enough to know what to look for), so there’s not much government pressure.

Eventually a big player in the e-learning field is going to get slapped with a lawsuit just like Target did. If that’s what it takes to wake people up, I’m hoping it’s sooner rather than later!

Adobe Captivate 4 beta coming soon… testers needed!

An FYI for Adobe Captivate users: Adobe is about to release the Captivate 4 beta, and is looking for beta testers (no experience required).

This is a great opportunity to get a sneak peak at Captivate’s latest features and provide feedback about the product before it gets released to the general public.

In their own words: “We want as many of you as possible to actively test and help shape a rock-solid release.”

Sign up at adobe.com [link no longer available].