WCAG Compliance: Why 96% of Websites Are Stuck in the Mud

In addition to running Accessibility.Works, I've been running the custom web development firm Propeller Media Works for 27 years. I've witnessed the evolution of web technology from handwritten HTML to the sophisticated, dynamic responsive websites we have today. Yet, when it comes to digital accessibility, it feels like mud season (a unique experience here in Vermont). Despite growing awareness and increasing legal pressures, many organizations continue to get only part way up the hill before getting stuck in the mud and giving up.

Let's start with a sobering statistic: according to the latest 2024 WebAIM Million Report, a staggering 95.9% of home pages had Web Content Accessibility Guidelines barriers. We're not talking about minor barriers here or there - the average homepage had 57 distinct WCAG failures. In a digital world where society goes online to shop, learn, entertain, work, and connect, such barriers leave many behind.

So why is this happening? Why, in an era of DEI and accessibility lawsuits flying left and right, are organizations still falling short when it comes to digital accessibility? I have some ideas that boil down to misconceptions, bias, and a lack of accessibility literacy. And these issues are not owned by just brands, web development companies share an equal weight of blame and responsibility.

The Problems: Why only 4% of Websites Are WCAG Compliant 

Before we can get to solutions, we need to identify the barriers that both agencies and brands face.

The Perception Problem: Compliance vs. Opportunity

The first major hurdle is how brands perceive accessibility. Too often, it's viewed as a burdensome compliance issue rather than a strategic opportunity. This myopic view stems from several misconceptions across departments and roles at any company.

The Cost Fallacy

There's a persistent belief among both brands and agencies that implementing accessibility is too expensive and lacks tangible returns. This couldn't be further from the truth. While there are upfront costs associated with auditing and remediation, the long-term benefits far outweigh these initial investments.

Organizations that miss the forest for the trees overlook:

• Values: Investment in digital accessibility reflects healthy values for an organization, which attract customers and talent. It's also simply the right thing to do as a corporate citizen.
• Usability: Accessible design is the apex of usability. Good usability delivers deeper engagement and more conversions.
• Traffic Generation: It's good for both SEO and AIO (artificial intelligence optimization).
• Expanded Markets: Roughly 30% of adults in the US have some form of disability. Add to that seniors who share many of the same challenges.

Accessibility for seniors and Boomers present a compelling point worthy of a few more words. In the US we're looking at 71 million Baby Boomers, wielding a staggering $548 billion in discretionary spending. Boomers are our first digital seniors, who have been using the web and apps for many years and expect to be able to continue, yet whether they admit it or not, many share the same barriers associated with people with disabilities. Complex websites and apps are more and more challenging, and seniors (and their purses) are getting left behind.

That's not a niche market - that's a massive opportunity waiting to be tapped.

Moreover, accessible design does more than open up new markets; it enhances your product for all users, improving overall user experience and satisfaction. Seem like a good investment?

All said, reaching WCAG compliance does cost more. Brands need to relieve the financial burden on their marketing departments and fund this directly - perhaps from a DEI fund. And when reaching out to agencies to design and build their accessible website, they need to clearly communicate their technical WCAG requirements, how that is to be tested, and to line item that cost so that website vendors can be compared on an apples to apples basis. Otherwise, given the constant downward pressure on price, web development agencies have no choice but to offer the lowest cost solution, which will never meet the goals of accessibility.

The Checkbox Mentality

Another common pitfall is viewing accessibility as a one-time hurdle to clear rather than an ongoing commitment. I've seen countless organizations rush to "fix" their accessibility issues in response to a legal threat, only to let things slide once the immediate pressure is off. Yet websites are in constant flux as content is added and design changes are made. A simple blog post that fails to add image labels (alt tags) or use heading tags in non-sequential order will immediately affect the accessibility of a site.

Without vigilance backed up by periodic WCAG auditing by qualified and experienced web accessibility experts, there is little chance that the website will remain accessible and legally compliant.

Unsupported Brand Values

Many organizations fail to recognize that web accessibility is an expression of the values of the company and that these tie into broader business goals. Accessibility impacts multiple aspects of your business: brand perception, customer loyalty, and even employee satisfaction, in addition to legal compliance and market reach.

In an era where consumers increasingly support businesses that align with their values, a commitment to accessibility can be a powerful differentiator. It sends a clear message about your organization's values and commitment to inclusion. This can boost brand loyalty among not just people with disabilities and their families, but also among the growing segment of consumers who prioritize socially responsible businesses.

The Knowledge Gap: Accessibility Illiteracy

Even when organizations recognize the importance of accessibility, they often lack the knowledge to implement it effectively. This accessibility illiteracy permeates all levels, from C-suite executives to development teams, and manifests in several problematic ways.

The Automation Delusion

One of the most common misconceptions I encounter is the belief that using automated testing tools can ensure compliance. While these tools are valuable and useful for catching low hanging fruit, even the best on the market can only detect about 30% of WCAG issues. The rest require human evaluation to identify and address.

And yes, AI will solve for this, but it hasn't yet. They will all advertise their "AI" testing solution, but very few if any, are using modern generative AI in their solutions. They're almost all dumb machine learning AI.

The "Quick Fix" Fallacy of Overlays

In the quest for a simple solution, many organizations and web agencies both fall prey to the allure of accessibility overlay widgets or plugins that promise instant compliance. These tools claim to make websites accessible with just a line of JavaScript, often touting AI capabilities. This should sound too good to be true, however in today's plug-in development world, it's not unreasonable to assume that such a solution would exist. 

However, these overlay solutions are deeply problematic. Not only do they fail to address underlying accessibility issues in the site's code and design, but they can also interfere with assistive technologies that people with disabilities rely on. It's akin to putting a fresh coat of paint on a crumbling building - it might look better at first glance, but it doesn't address the structural issues.

Further, claims of legal protection are bunk as well. Last year, about 30% of all web accessibility lawsuits targeted websites using overlay widgets. I get calls every week from companies astounded to have received a lawsuit having thought that the widget that promised protection, was actually a bullseye for preying plaintiff attorneys. If anyone on your team lobbies to use one, share this with decision makers.

Misunderstanding Standards

WCAG guidelines are comprehensive and nuanced. Many organizations lack a clear understanding of these standards and how they apply to their digital properties. This leads to incomplete or misguided implementation efforts.

For instance, I've seen companies focus solely on color contrast or alt text labels that describe images to screen readers, thinking they had checked that box. While these are important aspects, they're just the tip of the iceberg when it comes to true accessibility.

The Bias Blind Spot: Designing for the "Average" User

Perhaps the most insidious barrier to accessibility is the unconscious bias that leads to designs catering to an idealized "average" user. This bias manifests in several ways that exclude significant portions of the population.

Ageism in Design

Despite the massive spending power and the  digital engagement of Boomers, many digital experiences seem designed exclusively for younger users. This ageism in design overlooks the needs of older adults who may benefit from larger text, simpler navigation, or clearer instructions.

The Ability Assumption

Designers and developers often unconsciously create experiences that assume all users navigate the digital world the same way they do. This leads to interfaces that may work well for people with perfect vision, hearing, and motor control, but create significant barriers for others.

For example, a website that relies heavily on hover effects for important information might work fine for mouse users but be completely inaccessible to someone using a keyboard or touch screen.

Lack of Diverse Testing

User testing often fails to include individuals with various abilities, leading to oversights in critical usability issues. When you only test with a narrow range of users, you miss out on valuable insights that could improve the experience for everyone.

Ok, there are many of the systemic issues that hold organizations and web teams back from reaching accessibility. Time to discuss solutions.

Solutions to Breaking Down the Barriers To Website Accessibility

Achieving true digital accessibility requires a multifaceted approach that addresses each of these barriers that starts with a culture of a double bottom line that includes both accessibility and performance that aligns with the business of the company.

Here I want to segment these points to highlight guidance for brands and guidance for web development agencies.

Establish A Culture of Digital Inclusion

Brands
To get buy-in from the top to the bottom, people need to not just understand the legal risks of non-compliance, they need to understand the full range of benefits. This must start with leadership that combines the interests of senior execs, legal/risk management, sales, and marketing. Senior leaders need to come aboard to drive education and resourcing through departments that can influence these goals.

Agencies
Senior leaders should adopt an inclusive mindset and actively promote accessibility initiatives within their teams.

Promote Accessibility Literacy

Establishing that culture of accessibility starts with awareness and education. Many - even on the website agency side, still are not conscious of digital accessibility and the legal requirements for websites (plus web apps, mobile apps, and digital content). 

Brands
Create an internal awareness campaign that goes beyond just sharing a few blog posts… although this Web Accessibility 101 article I wrote, would be worth sharing. Whatever the format is for communicating internally, begin sharing information about accessibility with an emphasis on the benefits over the risks. Perhaps you have a DEI month - make digital accessibility a big part of that. And as you reach milestones such as WCAG 2.2 AA compliance, make a big announcement. This is something your teams can be proud of.

Agencies
Similarly, the entire organization starting at the top, needs to recognize this as a competitive advantage and begin motivating their teams to get trained and adopt proper best practices. Sales teams especially need to learn of both the advantages and risks to effectively educate clients and sell accessibility. Remediation is a great source of revenue as well. 

Reframe Web Accessibility as a Strategic Advantage

Brands 
Shift the organizational mindset around accessibility away from accessibility as only a compliance checkbox and toward that double bottom line that includes both the soft values-based advantages that affect brand perception internally and externally, and the hard advantages of increasing sales/conversions, website KPIs, and avoiding lawsuits.

Agencies
More often than not now, RFPs and requirements for redesigns do stipulate accessibility requirements. And brands - especially those that have already been burned by shortcuts and overlays, now expect more. The demand for true web accessibility that plugins and widgets cannot provide can serve as a strong competitive advantage. I know first hand. 

Be Aware of the Legal Risks of WCAG Non-Compliance

Brands
There is not only the ADA Title III for commercial websites, but also Section 508 and ADA Title II for government agencies at every level. Add to that, anti-discrimination laws - particularly those in New York, plus California with their Unruh Act and proposed legislation that is currently moving through the assembly. Perhaps the most impactful, on a broader international level is the European Accessibility Act. The EAA takes effect in June 2025 and will apply to companies in any country that does business with citizens of the EU. Remember GDPR not long ago? 

Agencies
Agencies that falsely claim their work to be WCAG compliant may certainly face risks when their client's get sued. In addition, the proposed bill in the California Assembly would hold website providers accountable for the accessibility of the websites they produce - not just the companies that own them. So heads up there.

Provide the Resources Needed for Success

Brands
Allocate dedicated financial and human resources for accessibility initiatives. View them as investments rather than costs. And don't drop this cost on the marketing department without a budget adjustment to pay for it.

Agencies
Line-item accessibility testing tied to deliverables that include proper human-based auditing. Push for the budget to outsource that testing to legit accessibility consultants to ensure the what you deliver is credibly "ADA compliant", thus covering your ass if there are legal actions down the road. 

Commit to Ongoing Compliance

Recognize that accessibility is a journey, not a destination, and that websites are constantly in flux and as such, so will be its level of accessibility compliance.

• Implement regular audits and monitoring to maintain compliance as content changes and new features are added.
• Stay updated on evolving accessibility standards and best practices.
• Foster a culture where everyone feels responsible for maintaining accessibility, not just a designated team or individual.

The Power of Partnership

At Accessibility.Works, we've seen firsthand the transformative impact of true digital accessibility. Organizations that embrace accessibility as a core value don't just mitigate legal risks - they open doors to new markets, improve user experience for all, and strengthen their brand reputation.

Our team of seasoned experts, each with over 19 years of experience in digital accessibility, is here to guide you through every step of this journey. From comprehensive WCAG audits to strategic consulting and training, we're committed to helping organizations achieve and maintain true accessibility compliance.

Are you ready to stop playing catch-up and start leading the pack in digital accessibility? Let's work together to make the digital world a place where everyone's invited to participate. Your future self (and your legal team) will thank you.