Re: ADA Compliance - Links to Third Party Websites

Hi Dan,

UC Berkeley was sued for video content that was not adequately captioned
<https://www.insidehighered.com/news/2017/03/06/u-california-berkeley-delete-publicly-available-educational-content>
(as well as MOOCs that weren't accessible
<https://mfeldstein.com/clarifications-uc-berkeleys-accessibility-decision-restrict-video-access/>).
They were sued by someone outside of the school, but still under Section
504. Presumably a student could have sued them as well or filed an Office
of Civil Rights complaint. So if the content is educational in nature or
relates to some sort of required action (like registering for classes),
then I think it'd likely need to be accessible, regardless of where it is
hosted or the platform used.

Note: I'm not a lawyer!

Best,
Brian

On Tue, Jul 17, 2018 at 7:52 AM Urban, Mark (CDC/OCOO/OCIO/ITSO) <
fka2@cdc.gov> wrote:

> 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* <Murban@CDC.gov>* | 919-541-0562 <(919)%20541-0562>
> office *
>
> [image: image001.png]
>
>
>
>
>
>
>
> *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
>
>
>
-- 

Brian David, MLIS, CPACC

925 878-5327

brianmdavid@gmail.com