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ADA and Lawsuits Against Non-Compliant Websites

February 18, 2022 | IT, Web

ADA and Lawsuits Against Non-Compliant Websites
Every business has a reputation to uphold, and part of what feeds into that reputation is whether or not a website is compliant with the Americans with Disabilities Act (ADA). Having a non-compliant website is not a good look, and there are many lawsuits that show what can happen when a website isn’t geared towards inclusion.

Americans with Disabilities Act Explained
Earlier waves of the civil rights movement have focused on protecting the rights of men and women, regardless of what ethnicity, race, religion, or sex they were. In 1990, there was a push for also defending the rights of those with different abilities, which resulted in the creation of the ADA. The ADA impacted and influenced all aspects of how organizations were run and promoted possibilities and opportunities for those with disabilities.
The ADA focuses on protecting the rights of disabled people in the workforce by making the workplace physically accessible for everyone regardless of ability. Outside the workplace, the ADA prioritizes the following areas:
● Transportation
● Public accommodations
● Communications
● Accessibility to state and local government programs and services

ADA and Websites
As helpful as it is that the ADA has ensured businesses have accommodations such as wheelchair-accessible ramps, there is little guidance when it comes to website accessibility and compliance. This means that in court cases, it’s up to the court to decide if the websites are compliant or not, without a framework to operate with.
How does this impact you? Well, if you’re not aware of the possibility of your website being non-compliant or at risk of being perceived as such, then your business could be sued at any time. Some businesses may be able to shoulder that sort of financial burden, but unless you’re a large business with a huge profit margin and a lawyer on payroll, you most likely can’t afford to be taken to court.

ADA and website compliance in the court
With no guidance about what counts as a clear lack of compliance, courts have argued on whether or not certain online practices are considered to be in line with the ADA or not. Before
getting into the nitty-gritty of these cases, it’s important to clarify the foundational right being protected that’s up for debate when it comes to website compliance.
At the forefront of this debate whether something is ADA compliant is the general determination that access to public space is either restricted or not restricted from those with different abilities. For a while, it was up for debate whether the internet counted as such a public space, but more recent hearings seem to show a preference for determining the internet as such.
In Europe, there are guidelines to help businesses be compliant with accessibility called WCAG 2.0 AA. There are levels of compliance — AA standing for the “standard,” A for “below acceptable,” and AAA for “exceptional.” Ideally, a business would want to be between WCAG 2.0 AA and WCAG 2.0 AAA compliant.
More and more of these court hearings and cases are coming up, some more prominent than others. In total, there were over 2,000 federal cases in 2018.

Here are some examples:
1. Domino’s Pizza case
A man named Guillermo Robles filed a lawsuit against Domino’s Pizza because he was unable to use his special screen reading software in order to create his own custom pizza and place an order. The court ruled in his favor since both the Domino’s app and website didn’t score as WCAG 2.0 AA.
2. Hobby Lobby case
Hobby Lobby was sued by Sean Gorecki, who was legally blind. Using the JAWS reading software, certain aspects of the website couldn’t be read. This website was considered to be non-WCAG 2.0 AA compliant, leading to a win for Gorecki.
3. The Harvard and MIT case
Even though Harvard and MIT are known for being innovative and attracting high achievers, the prestigious schools were sued by the National Association of the Deaf as their course materials were all not accessible for those with hearing impairments. Considerations like adding captions weren’t made, and the case is still ongoing.
4. Beyoncé
Mary Condor sued the singer for her website not being accessible to her due to a lack of implementation of WCAG 2.0 AA. Condor had visual impairments and had great difficulty using a screen reader due to a lack of alt-text and keyboard accessibility.

How to make your own website ADA compliant
Now, it’s clear that none of these businesses had built their websites with the intention to make the lives of those with different abilities difficult. However, even if unintentional, it leaves you and your business vulnerable to a lawsuit. This can be avoided. For example, here are some requirements for your website to be considered compliant with WCAG 2.0 AA standards:
• The content must be written in a way that screen readers are able to translate it (this includes providing alt-text for each image, as well as incorporating keyboard access)
• Videos must include on-screen captions for those with hearing impairments
• A drop-down menu must be accessible via the keyboard as well as mouse

Those are just three major ways you can make it more accessible and potentially avoid the pitfalls that lead to court cases. However, there are many more features that can be incorporated to make your website more compliant.

Final thoughts
As a business owner, you want nothing more than for it to thrive. However, it’s always vulnerable to someone stumbling across your website and finding that it’s non-compliant with ADA standards. This can easily be avoided by simply hiring a team to work with you on your website to make all the necessary changes and implement the features that will make it accessible to everyone.
Hiring a web team like Nerd Crossing has huge benefits, including your peace of mind and protecting your business. As Nerd Crossing likes to emphasize: first impressions matter, and having your website be compliant makes for a great first impression!

How Secure is Health Tech?

March 25, 2021 | Healthcare, Security, Small Business, Small Client, Web

For example, 100% of mobile health apps tested by Approov were found to expose “full patient records including protected health information (PHI) and personally identifiable information (PII).”

Luckily, there are simple ways to safeguard your practice. Read on for tips from the cybersecurity experts at Nerd Crossing.

Secure Your Email

Working from home creates juicy opportunities for criminals to access patient data. For example, your house or apartment network is probably shared with others who should not be privy to patient information.

Phishing is the most common cyberattack facing healthcare professionals like you today. And emails are the most common area of weakness.

Always think before you click! Hover over links in your emails to make sure they point secure websites. Also, never download files or executables without verifying the source of a message!

Browse Safely

An easy way to keep safe is to access your work email on a private network (VPN) and verify that the websites you are visiting use HTTPS.

You should also be using an anti-virus software and avoid creating weak or recycled passwords. Our favorite password managers include Dashlane, LastPass, and Password Safe.

Update Legacy Systems

Before jumping on the health tech bandwagon, a bit of housekeeping might be in order.

Processing data with a legacy system is a huge security risk. The top suspects include Windows Server 2008, Windows 7, and Windows XP.

You should also check whether login information and credentials are truly stored securely. These include computer systems as well as medical devices and facility controls.

To manage dozens and up to thousands of devices and endpoints at a time, consider using a mobile device management (MDM) software. This will help your IT team allow for the use of personal devices while keeping patient data safe by locking up or even completely wiping devices if a breach occurs.

Contact Our Health Tech Nerds

Feeling lost at exactly what to prioritize when it comes to cybersecurity? Our HIPAA certified Nerds are here to help!

Schedule a Free Consult

An Insurance Company’s Guide to a Safer Workplace

March 22, 2021 | Insurance, Medium Client, Small Business, Small Client, Web

Your agents and customer service support are likely feeling the strain of working from home. As you start transitioning to a hybrid or fully remote mode, there are a few things you should be clear about.

Below is a breakdown of the role business leaders and employees both have in creating a safer workplace from the IT experts at Nerd Crossing.

Create Comfortable Workstations

Establishing a safe distance between employees can be done in a variety of ways. First, connect with your landlord about options that they can build in.

Depending on your needs you can also consider the following:

Screens and desk dividers that are easy to clean
PPE stations and supply kits
Handwashing stations
Clear signs for maintaining social distance
Updating air filtration and HVAC systems

Fixed Scheduling

Once you’ve figured out a workable layout and environmental controls, you may want to add a bit of structure to who goes in and out of the office. Consider staggering schedules and establishing work pods to ensure that team members can collaborate on vital tasks.

For contact tracing guidelines, visit the Google/Apple Bluetooth Exposure Notification (GAEN) platform.

You can also check out the following:

As a guideline, make sure that you are transparent with users on how their data is to be used for contact tracing. Minimize the data collection needed and be upfront about the type and frequency of communications that are to be received.

Reconsider BYOD

As you start scaling up purchases to maintain a safer office, your technology may also be due for an upgrade. For example, your client-facing employees are likely to use personal devices for work.

The pandemic has opened up a Pandora’s box of risks for insurers of all sizes. While working from their own devices may be convenient, your employees could be unwittingly exposing company secrets to bad actors. Even on a secure network, your employee is likely using business-critical applications in addition to those that are prone to breaches. These include email clients, social media accounts, and more.

According to Allianz Global Corporate and Specialty, organizations have experienced a 72% increase in the average cost of cybercrime over the last 5 years. That’s about 13 million dollars!

The cost of purchasing laptops and phones for employees could actually save you precious time and money. At minimum, here are the policies all insurance companies should implement when managing employee devices:

Mandating the use of a VPN (virtual private network)
Discouraging the use of work accounts for social media and personal purchases
Implementing a password manager and 2-Factor Authentication
Using only approved communication channels to interface with clients

Need an IT Nerd for Your Insurance Company?

Here at Nerd Crossing, we’ve helped insurance companies at all scales implement safer offices for remote, hybrid, and in-person collaboration. We believe that an adequately equipped and staffed IT support team will help you employees navigate these challenging times.

Contact us today to learn about our discounts for physical as well as digital safety.

Hybrid Learning Essentials for Educators

February 2, 2021 | Schools, Security, Small Business, Small Client, Web

By Jim Hammack, CEO, Nerd Crossing

Even with the COVID-19 vaccine rollout underway, there’s still much uncertainty around safeguarding students this upcoming school year.

Exactly what hybrid or blended learning model learning should educators adopt? It really depends on your level of readiness and of course, the needs of individual students, teachers, and administrators.

Here are some essential planning questions you should be asking:

Are Student Basic Needs Being Supported?

Young learners and their families have experienced a range of emotional, financial, and physical strain. A hybrid learning plan can help school districts deploy the resources so many rely on during the year.

Here are a few ways that tech can enhance hybrid learning:

Live collaboration and real-time student engagement and goal monitoring
Transparent communication — allowing educators to monitor disease levels

How Strong is Your Wireless Connectivity?

Students need fast, reliable Wi-Fi — and that’s challenging when they are working from home full-time or slowly getting back to the classroom. Whenever you deploy devices en masse, make sure you have enough access points.

Keep in mind that a school environment where hundreds may be accessing the network will need much more support than at home. Contact us about some of the best alternatives to store-bought access points.

Are You Cybersecurity Ready?

It’s no secret that schools with outdated IT are sitting ducks for cybercrime. Having a disaster incident response protocol is just the first step. You’ll also want to implement at least a bi-annual security screening.

The most common areas of cybersecurity weakness today include:

Lax bring-your-own device (BYOD) policy
Insecure data and document storage
Improper administrative access
Password mismanagement

How Robust is Your Infrastructure?

Pivoting to online learning overnight probably came with quite a few tech headaches. And this time around, schools may want to take a much closer look at exactly what resources and staffing will be needed to achieve their learning goals.

Below are a few areas that may be lacking in your IT plan:

Maintaining data privacy and compliance
Responsive tech support for staff, students, and families
Communication plans for deploying critical messages, gathering and implementing feedback

What’s On the Horizon for Hybrid Learning?

California’s schools will face mounting risks in 2021, but many still lack a functional policy for hybrid learning. We hope that educators, students, and their families can stay safer online with the above tips.

Here are some emerging areas that you should focus on this school year:

Data, device, and identity management
Phishing, ransomware, and cyberbullying
DDoS, backdoor threats, and zero-day exploits

About Nerd Crossing

Nerd Crossing works with private schools, charter schools, and public institutions of all scales in the California Bay Area and beyond. We specialize in working with educators that are just beginning their transition to hybrid and fully-remote learning.

Our friendly tech experts address all current technology issues while also planning for future needs when kids are finally back in class. We combine distance and onsite learning solutions that meet the long-term goals of school districts.

Our specialties include Tech Support for Parents and Teachers, Wi-Fi Setup and Connectivity, Safe Browsing and Web Filtering, Educational Apps and Software, Data Storage and Disaster Recovery, Infrastructure Setup, and IT Roadmapping.

Tackling IT Headaches for Charter Schools

October 16, 2020 | Schools, Security, Small Client, Web

Are you a teacher who is overwhelmed by having to be tech support and an educator at the same time? It’s hard enough getting your students to pay attention — much less use technologies you may have never used before.

Across the country, millions of educators just like yourself are adjusting to the challenge of teaching remotely. And the Nerds at Nerd Crossing want you to know that you’re not alone.

With over 25 years of experience helping educators, we can help you navigate this fundamental shift in teaching with ease.

Why IT is Critical for Schools

As a professional educator, you may be aware that the digital divide has gotten much worse during the pandemic. Studies show that students of color and young children are especially prone to falling behind.

The friendly experts at Nerd Crossing can address common problems you may be having right now — from wireless access to device updates.

Is your Charter School Tech Savvy?

Can all teachers and administrators implement tech without connectivity issues?
Do you have an on-going plan to deploy devices to your students and to keep them updated?
Do you have a 12-18 month IT and Cybersecurity Roadmap?
Is funding readily available for necessary tech upgrades?

If your answer is “no” to any of the above questions, your charter school might need an IT consult.

Nerd Crossing Services for Educators

Are new tech and personnel training not covered in your current budget? No worries! With Nerd Crossing, you can request a free one-time consultation to get your IT needs in order.

Our IT for Schools Offers

BYOD (Bring Your Own Device): Nerd Crossing helps schools maintain a secure BYOD policy that deters viruses from overloading the network.
Educational Apps and Software: Integrate the latest software for real-time student and parent collaboration, including RenWeb, Zoom, and much more.
iPads and Chromebooks: We manage mass rollouts of common devices for diverse remote learning needs.
Security and Web Filtering: Help students navigate the web without viewing unwanted content — while also preventing the theft of their personal records.
Locking Down Systems: Prepare for the unexpected with a clear protocol for shutting down networks and computers if necessary.
Reliable Wi-Fi: Ensure that students are always connected and prepared for remote learning. Eliminate dead zones and ensure uptime, allowing for maximum student and staff productivity.
Robust Infrastructure: Boost your technology stack for seamless office management and student services.
Data Storage: Manage data in the comfort of your home office, efficiently and cost-effectively.

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With Nerd Crossing, you don’t need to make a huge upfront investment or slow down operations at your charter school to get your IT and web needs in order. We’re here to help you grow and be successful!

Contact the Nerds today if you are ready to start protecting your critical data and want to train your staff on the latest tactics to stay secure, wherever they are.

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How to Use Zoom

June 4, 2020 | Nerd News, Small Business, Web

With Zoom, you don’t need to sign into an account if you’re joining a meeting. All you have to do is download the application to your computer or phone, and click on the meeting link. Or, you can just call into the meeting without using the video chat or screen-sharing options.

Continue reading “How to Use Zoom”

Work From Home Guidelines

March 20, 2020 | Nerd News, Small Business, Small Client, Web

Given the state-wide shelter in place, we are getting a lot of requests to support your employees’ efforts to work from home. We wanted to share some guidelines that we are recommending to all of our clients as they allow more and more employees to telecommute. These are not only to make sure your employees are able to work as productively as possible, but to also make sure your company is protected from the additional risks of telecommuting. Continue reading “Work From Home Guidelines”

How to Improve Your SEO (Search Engine Optimization)

December 4, 2017 | Web, CMS, marketing, Marketing tips, SEO, Tech tips, web tips, websites, WordPress

There’s no point to having a beautiful website if people aren’t visiting it. That’s where Search Engine Optimization (SEO) comes in. SEO is your website’s visibility in search engine results. For example, if you’re a CPA in Concord, and someone searches on Google, Bing, etc. using the keywords “CPA Concord,” your SEO will determine where you land in the results. There are many ways to improve your SEO, and may vary based off of how your website is built. For example, if your website is on the WordPress CMS (Content Management System), there are more effective and easy methods to improve your SEO than if you have a static HTML site. Please read the below checklist to determine how to improve your SEO. You can also see how to improve your SEO on a more technical/back-end level by going to an SEO site checker, like this one here. (Please note: these are not always accurately read.)

Keywords are key! Keywords are what people use to search for what they need. It’s good to pepper your website with keywords to get people to find you. There are a few ways to find keywords, but the most effective is to use the Google AdWords Keyword Planner Tool.
A great way to add plenty of keywords to your website is to create a blog about your industry. Like this one here! This is a great way to reach out to customers, prospective customers, and other people you wish to market to.
Link to other pages within your website (for example: “Contact Us Today” should link to your Contact page), as well as to other quality websites. If you link to other quality information hubs, Google’s algorithm sees that and promotes you. Make sure the website you’re linking to contextually makes sense on your blog or page.
Fix any broken links on your website. Often times, other websites will change their navigation, so the URLs may change and break. You can check to see if you have broken links by using this tool. However, please keep in mind that broken link checker tools are not always accurate and may show links that are on the backend, but not on your visible website.
If you use WordPress, we highly recommend using the Yoast SEO plugin. If you use other CMS platforms, there are also SEO plugins like EFSEO for Joomla or Magento SEO Suite Ultimate. However, we have not tested the latter two and cannot vouch for them.
Use keywords as alt-tags on your images. This is much easier to do on WordPress sites, as you can just click on the image and add it in the alternative text box. WordPress then automatically adds it to your HTML. If you have a static HTML site, you can find the instructions here.
Make sure your website loads quickly. If it loads slowly and your bounce rate goes up, your SEO rankings go down. To make your website load faster, optimize image sizes, cache plugins and/or get rid of plugins you’re not using. There are also many other ways to reduce your load time.
Have sufficient contact information throughout your website. Search engine crawlers pinpoint these and determine that you’re more trustworthy, which boosts your SEO ranking.
Give a lot of thought to your meta titles and meta descriptions. They should include keywords and be short descriptions about the page you’re trying to get them to click on. This will be the first call-to-action that people see regarding your company. Search engines don’t rank meta descriptions, but the more people click on your site, the higher your SEO rankings get.

We hope these basic steps will help improve your website’s ranking, getting you more viewers and customers! There are also many other ways to improve your Search Engine Optimization. If you have any questions about your SEO or your website, please do not hesitate to contact the Nerds. We are always here to help!

Why Mobile-Friendly Sites are Important

May 30, 2017 | Small Business, Web, websites

While you may have a website for your business, do you know why having mobile-friendly sites are important? Did you know that 80% of internet users own a smartphone? In 2014, mobile internet use had already surpassed desktop access. So what does this mean for your business? It is not only important to have business websites, but they must be mobile-friendly sites as well. A good design means nothing if it can’t be seen by a majority of page visitors on their phone.

According to research, Americans spend roughly 87 hours a month on their mobile devices. That means that more than likely, your potential client is going to see your mobile site first. We urge everyone to check out your website on your phone and see if your site is translating properly to mobile. Did you know 61% of people that look up mobile websites will not return if they had trouble accessing it? If a customer can’t find the menu on their phone, they are most likely not going to visit again. Moreover, 40% will visit a competitor instead. Is your website scaring away your mobile visitors and potential customers? Let us help you reach your potential customer by making your website mobile-friendly!

For more information on how we can help create mobile-friendly sites, contact us today. We even offer free web consultations!

How to Protect Your Kids Online

July 29, 2014 | Security, Web, Computer Help, Computer Tips, Family, Protect Kids

The Internet: It’s fun, full of information, and ensures that parents are constantly living in fear. Remember the good old days when you sat on the carpet in front of the TV and your parents didn’t have to worry about it filling your head with adult thoughts? Today, children have access to the entire world via the internet. At home, at school, even on phones. So how do you protect your little ones from the dark arts? Continue reading “How to Protect Your Kids Online”