DDA compliance for a US owned company

[CrustyMcMuffin]

The company I work for are redeveloping a web application site and I have been brought in to do the design side of things. Currently the site is frame based and very inaccessible. Now I am pushing for us to use an accessible, CSS solution but I'm being faced with opposition from management who don't want to spend the time and money redeveloping the presentation layer.

The company is legally an American company but I work in the UK office and the site is going to be hosted on a UK server, all the other developers are based in the UK too. So my question is are we considered an American or a UK company with respect to the DDA?

[kiwibrit]

If you are providing a service to UK companies, then I would have thought you would have to comply with the DDA.

[CrustyMcMuffin]

Thanks, yes we are providing this service to UK companies as well as others around the world.

Not sure if this makes any difference but it's a subscription based website rather than a publically available one.

[Charles]

This is too important a legal question to be asking us - go find a good accessibility lawyer. And do note, while frames are rather yucky they're not inaccessible if handled properly.

[CrustyMcMuffin]

That's a fair comment but really I am just looking to go back to management with and say we have to develop an accessible application and here's the legislation to say as much.

I guess my other question then is if there an equivalent to the DDA in the US? I've read a wee bit about section 508 but it's my belief this is only to be followed be federal government websites. Are there any other US laws we might have to comply with?

[kiwibrit]

That's a fair comment but really I am just looking to go back to management with and say we have to develop an accessible application and here's the legislation to say as much......
The legislation (http://www.opsi.gov.uk/acts/acts1995/1995050.htm).
Statutory Instrument 2002 No. 720 (http://www.opsi.gov.uk/si/si2002/20020720.htm).
DRC code of practice (http://www.drc-gb.org/docs/6008_223_CoP_Access_to_Services.txt).
A site concerning "UK Resources for Web Accessibility and the Law" (http://www.web-accessibility.org.uk/).

I almost forgot: BSI PAS78 (http://www.bsi-global.com/ICT/PAS78/index.xalter).

I must say, I think the advice to consult a suitable lawyer was sound.

[Charles]

In the US the 508 rules are the US Government's purchasing guidelines.

The law requiring accessibility comes in three parts. The foundation is something called the Americans with Disabilities Act (ADA) which requires that "reasonable accomodation" be made by certain organizations and entities. Early on the Department of Justice issued an opinion that the ADA applies to electronic communication and the web. Case law is slowly building in the same direction.

[CrustyMcMuffin]

Thanks to you both for your help, if the company are still reluctant to develop an accessible site after I present them some of this info I will recommend they speak to a lawyer.

My opinion is to err on the side of caution make it accessible but that means spending time changing over what is currently there.

[Charles]

It's my opinion that even should the law permit, it's down right impolite to exclude blind people from your site and business.

[toicontien]

A couple news stories of note:

Travel Web sites agree to be accessible to blind (http://www.usatoday.com/tech/webguide/internetlife/2004-08-20-lowsighted-sites_x.htm)

The blind left behind (http://www.usatoday.com/tech/news/2005-04-24-blind-leftout_x.htm)