Eight Key Takeaways from the DOJ’s New Web and Mobile Accessibility Rule for Public Entities – Technologist

i. Archived web content: To qualify for this exception, content must meet all four of the following criteria: (1) the content must have been created before the public entity was required to comply with the rule; and, the content (2) must be kept exclusively for reference, research, or recordkeeping, (3) in a specially identified area for archived content, and (4) cannot have been changed since archived. If any of these criteria are not met (for example, an archived document is updated or its content provides information that is currently relevant), then it must conform to WCAG 2.1 AA unless another exception applies.

ii. Preexisting conventional documents: This exception pertains to word processing, presentation, PDF, or spreadsheet files that were available on the public entity’s website or mobile app before the date the entity had to comply with the rule. A big exception to this exception, however, is that documents that are still used to apply for, access, or participate in the public entity’s services, programs, or activities must conform to WCAG 2.1 AA. Thus, an older inaccessible PDF form that a town currently uses for a program application must be made compliant with WCAG 2.1 AA.

iii. Limited third-party content: This exception applies to content posted to public entities’ websites and mobile apps by third parties who are not acting on behalf of the public entity. Notably, this exception does not extend to third-party content (like calendar or map widgets) that the public entity chooses to use on its website or to content posted by third-party vendors. Nor does it apply to the tools and platforms that allow for third-party content to be posted (for example, a message board platform). And, again, even where the exception applies, public entities still have an existing obligation to ensure that individuals with disabilities have equally effective access to any inaccessible third-party content. 

iv. Individualized, password-protected documents: Word processing, presentation, PDF, or spreadsheet files that are password-protected and about a specific person, property, or account do not need to conform to WCAG 2.1 AA. But because of existing effective communication requirements, public entities still must ensure that individuals with disabilities receive their own individualized, password protected electronic documents in formats they can access equally. 

v. Preexisting social media posts: A public entity’s social media posts from before it had to comply with this rule are exempted. Again, though, the public entity must still ensure it can provide equally effective access to older social media posts when requested by individuals with disabilities.