As of today, February 15, 2024, California has two key laws impacting website accessibility:
1. California Civil Code Section 54.6 – Unruh Civil Rights Act: This act prohibits discrimination based on disability in all business establishments in California, including websites. While it doesn’t specify a technical standard, courts increasingly consider Web Content Accessibility Guidelines (WCAG) as a benchmark for compliance.
2. Assembly Bill 1757 (AB 1757): This bill, currently in the legislative process (not yet law), proposes stricter accessibility requirements. If passed, it would mandate WCAG 2.1 Level AA compliance for all websites and mobile apps of businesses open to the public in California. Penalties for non-compliance could include fines of $4,000 per violation.
Here are some key points to remember:
- Current best practice: Even without AB 1757, following WCAG 2.1 Level AA is recommended to comply with the Unruh Act and avoid potential lawsuits.
- Future compliance: If AB 1757 passes, WCAG 2.1 AA becomes mandatory for most California businesses with online presences.
- Resources: Numerous resources exist to help you understand and achieve compliance, including:
- Web Content Accessibility Guidelines (WCAG): https://www.w3.org/TR/WCAG22/
- California Department of Fair Employment and Housing (DFEH): https://calcivilrights.ca.gov/
- Accessibility Checker: https://www.accessibilitychecker.org/
- Level Access: https://www.levelaccess.com/
Remember, complying with accessibility standards benefits everyone, not just users with disabilities. It creates a more inclusive and user-friendly experience for all.
