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  • The digital landscape has become an integral part of our everyday lives, providing access to essential services and information. In a significant move towards inclusivity, the U.S. Department of Justice (DOJ) issued a final rule requiring state and local governments to ensure the accessibility of their websites and mobile applications. This rule, with its far-reaching implications, is set to transform the digital experience for millions of Americans with disabilities across the country.

    Understanding The Rule’s Application

    The final rule ensures state and local governments make their digital content accessible to those with disabilities. Attorney General Merrick Garland highlighted that this rule is a testament to the Justice Department’s commitment to upholding the Americans with Disabilities Act (ADA) by ensuring equal participation in society for people with disabilities.

    The significance of this rule extends to a wide array of public services, including emergency information, health care, education, transportation updates, and more. Non-compliance with these accessibility standards could hinder individuals with disabilities from accessing these essential services, highlighting the critical importance of this regulatory development.

    Technical Standards And Exceptions

    The rule adopts the Web Content Accessibility Guidelines (WCAG) Version 2.1, Level AA, as the technical standard for state and local governments’ web content and mobile applications. However, certain exceptions exist for specific types of content, such as archived web content, pre-existing electronic documents, and content posted by third parties under certain circumstances, ensuring a balanced approach to compliance.

    Significance And Impact

    The impact of this rule extends beyond mere regulatory compliance. Tony Coelho, an original sponsor of the ADA, emphasized the evolving nature of accessibility, particularly in the digital realm. He highlighted the importance of extending the ADA’s reach to the online sphere, ensuring equal participation for all individuals in an increasingly digital society. The rule’s significance is underscored by its potential to level the playing field and foster inclusivity in the digital space, aligning with the evolving needs of a society that’s increasingly reliant on digital activities.

    Distinct Employment Obligations

    It’s crucial to note that while state and local employees must be well-versed in these regulations, compliance with the rule does not guarantee Title I requirements of the ADA for state and local entities in their capacity as employers. This distinction emphasizes the multifaceted nature of ADA compliance and the unique obligations it entails in different contexts.

    Timeline For Compliance

    The effective dates of the rule are staggered based on the size of the covered entity. Localities with a population of over 50,000 have a two-year window to ensure compliance, while areas with smaller populations are granted a three-year timeline. This phased approach aims to facilitate a smooth transition towards digital accessibility, allowing entities to align with the regulatory requirements effectively.

    Presidential Endorsement

    In a post on X, President Joe Biden emphasized the far-reaching impact of the proposed web accessibility rule, highlighting its potential to improve online accessibility to state and local services for nearly 50 million individuals with disabilities. His endorsement reflects the administration’s commitment to fostering a more inclusive and accessible country through regulatory measures that address the evolving needs of its citizens.

    Partnering With A PEO: Your Strategic Advantage In Digital Accessibility Compliance

    As business owners grapple with the complexities of adhering to the DOJ’s new digital accessibility regulations, partnering with a professional employer organization (PEO) can be a strategic move. A PEO, like GMS, does more than offer support with HR tasks or payroll processing; we stand as a pillar of expertise in regulatory compliance, including the nuanced terrain of ADA standards.

    When you partner with GMS, you’re ensuring compliance and fostering an inclusive environment, demonstrating a commitment to all clients and employees. Ready to elevate your business in a world of digital advancement? Together, we can build a future where every individual has the keys to unlock the full potential of the digital world. Contact our HR experts today to get started!

  • In the world of business, size doesn’t always guarantee perfection. Even giant corporations such as Walmart, with their immense resources and global reach, can make significant mistakes that impact their reputation and bottom line. A recent lawsuit against Walmart serves as a reminder that no company is immune to missteps, especially regarding employment practices. As a business owner, it’s crucial to learn from these errors and prioritize compliance with employment laws. One way to do this is by partnering with a professional employer organization (PEO).

    Walmart’s Misstep: The EEOC Lawsuit

    The U.S. Equal Employment Opportunity Commission (EEOC) recently took Walmart to federal court, alleging that the retail company terminated employees with disabilities due to their inability to pass an employment test. The lawsuit claimed that Walmart used an unlawful qualifications standard, known as the Pathways Graduation Assessment, and failed to provide reasonable accommodations for disabled workers, as required by the Americans with Disabilities Act (ADA).

    Shay Ahlborn, GMS’ HR Account Manager, stated, “Compliance with the ADA is imperative within organizations. Failure to comply with the ADA can result in legal consequences, fines, and lawsuits. However, GMS is here to assist employers with ADA and other employment law compliance through onsite HR management with extensive experience in state and federal employment laws.”

    The Pathways Graduation Assessment: A Problematic Test

    Walmart’s Pathways Graduation Assessment was a computer-based test designed to measure employees’ knowledge of various job-related aspects, including customer service, inventory management, retail fundamentals, and merchandising. If employees failed the test after three attempts, they faced termination.

    Lessons For Business Owners

    The EEOC’s lawsuit contended that this assessment was not job-related and did not meet the criteria of business necessity for certain positions. The agency argued that the test effectively screened out or tended to screen out individuals with disabilities, violating the ADA. This case highlights a crucial lesson for all businesses: while performance standards are essential, they must be fair, job-related, and not discriminate against any protected group, including individuals with disabilities.

    Key Takeaways For Business Owners

    1. Prioritize compliance: Compliance with employment laws, especially those related to disabilities and equal opportunity, should be at the forefront of your business practices. Take proactive steps to ensure your hiring and employment assessments align with ADA requirements.
    2. Provide reasonable accommodations: The ADA mandates that employers provide reasonable accommodations to individuals with disabilities. Be ready to accommodate employees during tests or other evaluations, such as offering extra time or switching to a different format.
    3. Communicate openly: Inform job applicants and employees of their right to request reasonable accommodations during assessments. Establish an interactive process to address these requests promptly and efficiently.
    4. Choose fair assessments: Ensure that any pre-employment tests or assessments are fair, job-related, and unbiased. Seek legal guidance if needed to develop assessments that comply with employment laws.
    5. Mitigate risks: Recognize that employment-related lawsuits can have substantial financial and reputational consequences. Taking proactive measures to prevent discrimination and wrongful termination is not only ethical but also financially prudent.
    6. Consider partnering with a PEO: To navigate the complexities of employment law, many businesses choose to partner with a professional employer organization (PEO). A PEO can provide expertise in HR compliance, assist with reasonable accommodations, and help manage employee assessments effectively.

    Have You Considered Partnering With A PEO?

    Walmart’s lawsuit serves as a reminder that even the largest corporations can stumble regarding employment practices. As a business owner, you can learn from their mistakes and build a workplace that values diversity, compliance, and fairness. Partnering with a PEO like GMS can be a wise decision, offering the expertise needed to navigate the intricate landscape of employment law while ensuring that your business thrives and avoids costly legal battles. By prioritizing compliance and inclusivity, you can create a workplace where employees of all backgrounds and abilities can succeed and flourish. Contact us today to learn more!

  • In a monumental step towards building a more inclusive society, the Department of Justice (DOJ) has unveiled plans to introduce new standards that would ensure state and local government websites and mobile applications become more accessible to people with disabilities. The proposed rule announced on July 25th, 2023, the day before the 33rd anniversary of the Americans with Disabilities Act (ADA), promises to significantly improve the online experience for nearly 50 million Americans facing challenges related to vision, hearing, cognitive, and manual dexterity disabilities.

    The ADA prohibits discrimination against those with disabilities in several areas, including the following:

    • Employment
    • Transportation
    • Public accommodations
    • Communications
    • Access to state and local government programs and services 

    Web Accessibility: A Key Pillar Of Inclusivity 

    The proposed rule is designed to address critical barriers faced by individuals with disabilities when accessing websites and mobile applications. It includes provisions to integrate text descriptions for images, provide captions on videos, and enable keyboard navigation for those with limited hand mobility. By prioritizing these improvements, the White House aims to foster greater access to crucial public services and programs, such as employment, education, voting, health services, and transit schedules.

    Enabling inclusive education

    Under the proposed rule, students with disabilities will gain improved access to course content, including higher-level math and science courses. By making educational materials more accessible, the government seeks to level the playing field and empower all students to reach their full potential.

    Empowering voter registration

    The rule also addresses accessibility issues surrounding voter registration websites. By enhancing these platforms, voters with disabilities can register independently, strengthening the democratic process and ensuring every citizen’s voice is heard.

    Facilitating commute and travel

    For individuals with disabilities, accessing bus and train information online can be transformative. The proposed rule aims to streamline online transit schedules, making it easier for people with disabilities to commute to work and engage in other essential activities.

    The Impact Of Web Accessibility Standards On Society 

    It’s essential to highlight the urgency of implementing clear accessibility standards for state and local programs. This ensures that individuals with disabilities can participate fully in modern society without facing unnecessary barriers to essential services. The proposed rule aligns with existing ADA obligations under Title II, establishing a specific technical standard that state and local governments must follow.

    Public input: Shaping a more accessible future

    The DOJ seeks public input through a 60-day comment period to ensure a well-rounded and comprehensive rule. This open forum invites stakeholders and concerned citizens to offer their insights and recommendations, guaranteeing that the final standards reflect the diverse needs of the disability community.

    The White House’s expanding commitment to web accessibility

    The proposed rule comes as part of a broader commitment by the White House to support individuals with disabilities. In 2022, the DOJ released guidance emphasizing that ADA requirements apply to all public accommodations, including those offered on websites. Furthermore, the Department of Commerce announced $42.5 billion in grants to improve high-speed internet access nationwide, acknowledging the Internet’s essential role in supporting individuals with disabilities.

    Private employers: Embracing the inclusive vision

    Although the rule primarily impacts state and local governments, it also serves as a wake-up call to private businesses. Attorney J. Colin Knisely advises companies to make website accessibility a top priority. As the legal landscape evolves, private companies may soon face similar accessibility standards. Employers are encouraged to conduct regular website audits, address common accessibility issues, and collaborate with reputable vendors specializing in web accessibility.

    The Unique Advantages Of Utilizing A PEO

    In this era of heightened awareness and advocacy for web accessibility, businesses find themselves facing new challenges and responsibilities. Navigating the complex landscape of accessibility standards and ensuring compliance can be daunting, especially for small business owners. Fortunately, a professional employer organization (PEO) can be the solution you need.

    A PEO like Group Management Services (GMS) brings expertise in HR and legal compliance to help businesses proactively address accessibility concerns and implement best practices. By partnering with GMS, business owners can confidently navigate the evolving legal landscape, enhance their web accessibility, and create a more inclusive online presence. As we strive for a society where everyone can participate fully, businesses can lead by example with the support of a PEO. Interested in learning more about GMS’ services? Contact us today to learn more.