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California AB 1757: Setting Digital Accessibility Standards

Written by: Krystle Wong


Jul 22, 2024

California AB 1757: Setting Digital Accessibility Standards

Accessibility today goes beyond physical spaces to include making online spaces usable for everyone, regardless of their abilities. Globally, about 1.3 billion people have disabilities. In fact, in the U.S. itself, the CDC reports that 61 million adults live with disabilities.

Despite these numbers, only 3% of websites meet accessibility standards. This lack of access not only affects people with disabilities but also creates challenges for businesses.

In a world where digital access is essential, California Assembly Bill 1757 (AB 1757) has the potential to be a game-changer. But what does this mean for businesses in California, and potentially nationwide? Let’s explore the implications of AB 1757 in this article.

Looking for a solution to comply with AB 1757? At Venngage, we believe everyone should be able to access the content you create. Our accessibility tool empowers you to design inclusively, ensuring no one is left behind.

 

Click to jump ahead:

Background of AB 1757: The journey to a more accessible California

Before the introduction of the California Assembly Bill 1757, there are two existing California laws prohibiting discrimination against disabilities:

  • The Unruh Act applies to businesses that offer goods or services to the public. This important civil rights law allows people to sue businesses that discriminate based on disability, race, ethnicity, gender and other traits. It applies to all businesses in California, even if they don’t have a physical office in the state. 
  • The Disabled Person’s Act (DPA) is another California law that bans discrimination against people with disabilities in employment, housing, education, public accommodations and transportation. The California Department of Fair Employment and Housing enforces this law.

Although these laws ban discrimination against disabilities, it is unclear if they apply to websites and mobile apps. This uncertainty made it hard for people with disabilities to enforce their rights against businesses with inaccessible digital platforms.

AB 1757 enhances both the Unruh Act and the DPA by extending their anti-discrimination protections explicitly to websites and mobile apps. It aims to achieve several outcomes to improve access for people with disabilities such as:

  • Legal clarity: Clarify that existing anti-discrimination laws, like the Unruh Act and the Disabled Person’s Act (DPA), cover websites and mobile apps, ensuring protection against digital discrimination.
  • Accessibility standards: Mandate compliance with established accessibility standards for online services, making websites and mobile apps more accessible to individuals with disabilities.
  • Legal recourse: Provide clearer pathways for individuals to seek remedies against businesses that fail to meet accessibility standards, ensuring robust enforcement.
  • Digital inclusivity: Encourage businesses to update their digital platforms for inclusivity, promoting equal access and engagement.
  • Awareness and compliance: Increase awareness among businesses about their obligations under disability rights laws, emphasizing the importance of digital accessibility.

Despite these improvements, the bill needed refinement to reduce potential legal challenges and liabilities for businesses and developers. Therefore, on August 21, 2023, the bill was temporarily postponed in the Senate Appropriations Committee at the author’s request.

Earlier, on June 12, 2024, the committee chair, in collaboration with the bill’s author, recommended amendments and referred the bill back to the committee for a second reading and further review. Subsequently, on June 24, 2024, the bill was placed on hold in committee and referred to the suspense file for additional consideration.

Decoding AB 1757: Key provisions and what they mean for your business

So, what exactly is Assembly Bill 1757 and how does it impact your business? Let’s break it down:

WCAG 2.1 Level AA compliance

California’s AB 1757, also known as the ‘Accessibility for All Californians Act,’ was enacted into law after passing through the Senate Appropriations Committee.

This law requires websites and mobile apps offering goods or services to meet WCAG 2.1 Level AA accessibility standards.

Additionally, it expands liability to third-party developers, allowing people with disabilities and businesses to sue web developers who create non-compliant websites.

For those who might not know, WCAG 2.1 has three levels of conformance: Level A, Level AA and Level AAA.

Right now, if your website meets WCAG 2.1 Level AA standards, you’re less likely to face legal trouble over accessibility.

To comply with WCAG 2.1 Level AA, here are some steps you need to take:

  • Make sure your website works with screen readers
  • Provide text alternatives for important images
  • Use headings and labels to organize content
  • Design easy-to-use forms and controls

Also, keep in mind that accessibility isn’t just about your website. It includes things like PDFs and emails too – so be sure to make these accessible to people with disabilities as well.

Venngage helps you design accessible stuff from the start, making sure your creations are super readable for everyone. Here’s how it helps:

  • AI-Powered Alt Text Generator: This feature automatically generates descriptions for images and charts, saving you time and ensuring your visuals are understood by everyone.
  • Color Contrast Checker: Built directly into the editor, this tool helps you assess and improve the color contrast between text and background elements in real-time.
  • Accessibility checker: This built-in feature flags any potential accessibility issues. It also allows you to define the reading order of your content, which is crucial for users who rely on screen readers.
  • Default text tagging: To prevent accessibility oversights, Venngage automatically labels your text elements, but you can still edit them if needed.
 

AB 1757: Penalties and challenges for businesses

Not complying with AB 1757 can be costly for businesses. Businesses that don’t meet the standards could face fines of $4,000 for each violation, on top of attorney fees and court orders.

However, AB 1757 does bring significant challenges to businesses because there’s no grace period for compliance. If passed, businesses must immediately ensure their digital content meets WCAG 2.1 Level AA standards. This urgent requirement highlights the need for proactive steps toward digital accessibility.

The bill also introduces shared responsibility, holding both business owners and third-party developers accountable for accessibility issues. This includes “resource service providers,” like those who create, license, distribute or maintain online resources for a fee. 

That said, the importance of web accessibility goes beyond simply avoiding these potential penalties. Ultimately, it’s about making a website accessible to everyone.

What AB 1757 means for your business

Accessible websites offer clear advantages for businesses. They expand your reach to a wider audience and create a more inclusive online experience for everyone. 

However, maintaining accessibility requires ongoing effort. As a business, it’s only normal that your websites are constantly with new content, features and plugins. 

While these updates enhance functionality, they can unintentionally introduce accessibility barriers. This is where regular checks become crucial. They help identify and address these issues before they impact user experience. 

The downside is that performing thorough accessibility checks often requires specialized tools and expertise. This can be a challenge, particularly for smaller businesses with limited budgets. They might not have the resources to invest in dedicated accessibility specialists.

Fortunately, the accessibility landscape isn’t without solutions. Several online tools and platforms, like Venngage’s accessibility checker, can automate basic accessibility checks. These tools not only identify potential issues but also offer guidance on how to fix them, making accessibility more achievable for businesses of all sizes.

Venngage Accessible Design Tool
 

How will AB 1757 impact your business?

California has a long history of ensuring digital accessibility for its residents. In fact, the state has seen more lawsuits filed over website accessibility than any other state in recent years. 

To solidify this commitment even further, AB 1757 is poised to raise the bar for website accessibility in California when it is passed. This legislation will require businesses operating within the state to ensure their websites are usable by everyone, regardless of disability.

While facing penalties for non-compliance is a concern, there are proactive steps you can take to meet these new requirements. Beyond compliance checks, working with accessibility experts or using automated tools can simplify this process and ensure you meet all the requirements comprehensively. 

I’ll go deeper into this later in the article — but first —let’s explore some of the challenges businesses might encounter when complying with accessibility requirements.

Challenges and hurdles 

Let’s be honest, adapting to new regulations can be tricky.  Here’s a breakdown of some common challenges businesses face, along with potential solutions:

Cost concerns

Accessibility audits and remediation can involve upfront costs. However, consider this an investment with double benefits: reaching a wider audience and mitigating potential legal risks. 

There are plenty of affordable tools available — some even offer free basic checks to get you started. Additionally, many government grants or programs might offer financial assistance for accessibility initiatives. Researching these options can make the process more cost-effective.

Technical expertise

Complex accessibility issues might require specialist assistance. Here are two solutions to consider:

  • Outsource to accessibility consultants: Partnering with accessibility experts allows you to leverage their knowledge and ensure compliance.
  • Train your team: Empowering your internal team with basic accessibility knowledge equips them to create and maintain accessible websites from the ground up. This can be a cost-effective approach in the long run.

Maintaining accessibility

Websites are constantly evolving, so ongoing vigilance is crucial. Here are some tips:

  • Integrate accessibility checks: Incorporate accessibility checks into your development and content creation workflows. Many design and development tools offer built-in accessibility features.
  • Regular audits and reviews: Schedule regular accessibility audits to identify and address any issues that might arise as your website grows.

But beyond just website accessibility, if you’re creating content on social media or need a quick solution for creative resources, Venngage’s accessible templates have got you covered. 

Search engines favor websites with good accessibility. By incorporating accessibility principles in your social media content and creative assets, you might also see a positive impact on your search engine ranking.

These templates are completely customizable and ensure that your content is accessible to everyone, making it easier to create inclusive and engaging materials across all your platforms. 

 

The ripple effect: AB 1757’s impact on national digital accessibility

California often sets the tone for national trends and that’s true for digital accessibility too. Assembly Bill 1757 (AB 1757) raises the bar for website accessibility within the state, but its impact could potentially extend far beyond California’s borders. Here’s a closer look:

California as a trendsetter

California is a trendsetter in many areas and its laws often pave the way for national regulations. This is particularly true for consumer protection and civil rights legislation. 

With AB 1757, California is once again taking a bold step forward, potentially shaping the future of digital accessibility on a national scale.

Potential for a national standard

The impact of AB 1757 as a model for federal legislation is a compelling possibility. Here’s why:

  • Growing demand for accessibility: Public awareness and demand for accessible digital experiences are steadily increasing. AB 1757 reflects this growing momentum and provides a concrete example of how stricter accessibility standards can be implemented.
  • Simplifying compliance: Currently, website accessibility regulations vary by state, making it confusing for businesses that operate across borders. A national standard based on AB 1757 could simplify compliance.
  • Increased federal focus: The federal government is paying closer attention to website accessibility. AB 1757’s clear guidelines could be a helpful resource for creating national standards.

It’s too early to say for sure if AB 1757 will become a national law, but it’s definitely a big step forward. With more people demanding accessible websites, a single set of rules might be coming soon. California’s AB 1757 could be the blueprint for a more inclusive digital world for everyone.

Your roadmap to compliance: Essential steps for navigating AB 1757

California’s AB 1757 elevates website accessibility standards, paving the way for a more inclusive online experience. While complying might seem complex, here are some essential steps your business can take to ensure your website is accessible to everyone:

1. Assess your current accessibility

Utilize online tools or professional services to evaluate your website’s accessibility level against WCAG 2.1 Level AA standards. This will provide a clear picture of areas requiring improvement.

2. Prioritize remediation

Address the most significant accessibility barriers first. Many audit tools offer guidance on how to fix these problems, making them easier to tackle.

3. Develop an accessibility plan

Create a roadmap for ongoing compliance. This plan should include regular accessibility checks, updates as your website evolves and assigning clear ownership for accessibility within your organization.

4. Leverage available resources

Numerous online resources and organizations offer information and support on website accessibility. Take advantage of these valuable tools and communities:

Guidelines and resources:

Website accessibility assessment tools:

  • WAVE Web Accessibility Evaluation Tool: This popular tool identifies accessibility issues across various WCAG guidelines.
  • Color Contrast Checker: This essential tool helps ensure proper color contrast for optimal readability, a key accessibility requirement.
  • Siteimprove: This platform offers a free trial and tiered pricing for a comprehensive accessibility audit and remediation suggestions.
  • axe Developer Tools: This browser extension integrates with development tools, helping catch accessibility issues during the website creation process.
A11Y blog banner linking to accessibility webinar page

Create WCAG-compliant designs with Venngage

Creating designs that meet WCAG accessibility guidelines can feel like a challenge. But fret not, Venngage takes the complexity out of crafting WCAG-compliant designs with a suite of built-in tools that make accessibility achievable for everyone.

AI-powered solutions for inclusive design and compliance

Struggling with color contrast or alt text descriptions? Venngage’s AI features help you create inclusive designs. The color palette generator suggests color combinations that meet WCAG standards, ensuring good readability for all viewers. Plus, the automatic alt text generation saves you time by creating descriptions for your images.

AI-Generated Alt Text

Accessibility checker

Venngage goes beyond the initial design. Our built-in accessibility checker scans your work for potential WCAG issues, highlighting areas that might need adjustments.

Venngage Accessible Templates

Visual simulator

Want to see how your design appears to people with visual impairments? The visual simulator lets you view your design through filters that simulate color blindness or blur, providing valuable insights.

Venngage Visual Simulator

WCAG-compliant templates

Venngage also offers a library of templates that already adhere to WCAG standards. This gives your design a strong foundation for accessibility right from the start.

Here are a few examples of customizable accessible templates on Venngage.

Global Accessibility Awareness Day in the Workplace Workshop Flyer
 
Evolution of Online Education Timeline Infographic Template
 

The future of accessibility: Beyond AB 1757 and the road ahead

By raising the bar for website accessibility standards, AB 1757 paves the way for a more inclusive online experience for everyone. While it is a significant step forward, it’s just the beginning of the journey.

The future of digital accessibility lies in businesses proactively embracing inclusion. By prioritizing accessibility, you reach a wider audience, strengthen your brand and empower everyone to interact with your content.

Fortunately, creating accessible content is easier than ever. Venngage offers user-friendly tools and WCAG-compliant templates to help you build inclusive designs. Discover how Venngage can support your accessibility goals today. 

 
About Krystle Wong

Krystle is a Content Marketer and Brand Strategist at Venngage, combining her media, tech and SaaS background to create impactful content. She’s a specialist in research posters, infographics and SEO-driven strategies that generate leads. Krystle is dedicated to helping brands communicate effectively and achieve their marketing goals through compelling visuals and strategic content.