RE: ADA Compliance - Links to Third Party Websites

Hi Dan,

Speaking for myself, I try to keep these things easy.  The legal minutia can get fuzzy, and frankly is not always clear from case to case.  So, in layman’s terms:  If you are covered by the ADA and/or Rehab Act (State Universities in the US are covered by both), then:


·         If you MADE the content or someone could reasonably assume it was made by you, then it must be fully accessible.  (we often put this at CDC in the terms,  “if it has our logo, it has our responsibility”)

·         If you REQUIRE content’s use as part of your service, then it must be either accessible or an accommodation provided. (e.g. a course homework to watch a YouTube video not made by you)

·         If you NEITHER MADE NOR REQUIRE the content, then you do not generally need to ensure accessibility (again, weird and extraneous case law here, so check with a lawyer in your area), though of course I’d always recommend it or at least ask the platform/creator to make it accessible.

Note that if you are using funds from HHS, we specifically state WCAG/508 conformance as our standard for meeting 504 responsibilities for grant-funded activities.


Regards,
Mark D. Urban
CDC/ATSDR Section 508 Coordinator
Office of the Chief Information Officer (OCIO)
Office of the Chief Operating Officer (OCOO)
Murban@CDC.gov<mailto:Murban@CDC.gov> | 919-541-0562 office
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From: Dan Paguirigan, Jr <danp@hawaii.edu>
Sent: Monday, July 16, 2018 8:14 PM
To: w3c-wai-ig@w3.org
Subject: ADA Compliance - Links to Third Party Websites

Aloha Everyone,

Regarding ADA / WCAG compliance, if an organization/institution website has a link to an external website like YouTube, Facebook, etc. with content that was created and used for by the organization (How to videos, documentation, etc.). Will that content have to be accessible?

If so, who would be responsible for the content in the case of legal issues?

Sincerely,
Dan