Grandfathering and Retrofitting Established Websites

When considering changes to your website in regards to accessibility often you start to survey the amount of work required. Just like making an addition or renovation to a house making changes to an already existing structure can be daunting. There is often confusion over a topic referred to as “grandfathering” or “retrofitting” and the standards involved.

Section 508 Compliance, a standard required of government sites and vendors contracting for government agencies, requires a specific level of compliance. While there is no official “grandfather” clause to the 508 Compliance requirement there is an established “undue hardship” exemption. Website changes which would involve “undue hardship” or expense to correct accessibility issues are waived.

WAI (Web Accessibility Initiative) is a subcommittee of the World Wide Web Consortium (W3C) which develops international standards and guidelines. There are three tiers of accessibility. As an international body the WAI does not have legal “jurisdiction”, but is often used in conjunction with Section 508 of the Workforce Rehabilitation Act of 1973 for guidelines and standards. The Web Content Accessibility Guidelines (WCAG ), a project of WAI provides guidelines for accessibility and is a look into the future of what will be legally required as well as what is considered “best practices”.

American Disabilities Act which was signed into law in 1990 “prohibits discrimination on the basis of disability in employment, programs and services provided by state and local governments, goods and services provided by companies, and in commercial facilities.” In 1996 cyberspace was recognized by the United States Justice Department as an arena which required accessibility. “Covered entities under the ADA are required to provide effective communication, regardless of whether they generally communicate through print media, audio media, or computerized media such as the Internet.”

The American with Disabilities Act (ADA) does not recognize grandfathering for any adaptation for disabilities. The Americans With Disabilities Act is a civil rights law and so is complaint driven. Once a complaint is made the judicial process dictates how the grievance will be resolved. The budget and breadth of changes are now in the hands of the courts and company management has deferred that resolution. If a company were to claim financial hardship the courts could legally request a complete financial disclosure.