By Rosemary Musachio, CPACC, Chief Accessibility Officer
Notice the acronym after my name. CPACC stands for Certified Professional in Accessibility Core Competencies. I recently discovered that I had earned this title after I took the certification exam in January. I’m excited and honored to be among the few so far to be recognized as an expert in the accessibility industry. Currently, around 200 industry professionals have earned their CPACC. The International Association of Accessibility Professionals (IAAP) offers the certification to qualified individuals who have worked in the accessibility industry for several years. CPACC candidates also must be proficient in English.
IAAP: International Association of Accessibility Professionals (Logo)
By being certified in accessibility, something that I’ve been doing for sixteen years, I will be seen as more credible. More people on social media networks, such as LinkedIn, are reaching out to me for advice and input. Not only does that strengthen my self-esteem, it also makes me feel that I’m making a difference in the business and education worlds.
Having a CPACC means companies will know you have fundamental knowledge about disabilities, accessibility and universal design, and laws and standards. With the prestigious credential following your name, business leaders will recognize your commitment to the accessibility field. They seek your advice and insights on accessibility issues regarding technology, architecture, commerce, and transportation. If an employer seeks applicants who have CPACC or require current employees to take it, the company realizes how important accessibility and inclusion are to its success. The certified accessibility professional ensures the office environment and technologies would be accommodating for employees with disabilities. For instance, someone who’s accredited in accessibility would be sure to know that buttons on a kiosk should be in different shapes or sizes for a blind person to use it, than someone who lacks the accreditation.
CPACC’s also are more competent in helping businesses reach out to customers with disabilities. For example, an accessibility accredited web developer ensures that they can use a website without difficulties based on laws and standards such as Americans with Disabilities Act (ADA), Section 508 Refresh, Web Content Accessibility Guidelines 2.0 (WCAG 2.0). Consequently, the certified personnel are expected to know accessibility laws thoroughly so a business would avoid potential litigation.
CPACC also is beneficial because it gives credence to accessibility principles in college courses and job training. Right now 92% of federal websites don’t comply with accessibility standards. This is because many web developers don’t have instructors who were accredited in accessibility. Besides technology, other fields lack accessibility competence in educating their professionals. For instance, if pre-meds and
Young boy holding an iPad at an Assistive Tech Demo, Taken by Raminta Zebrauskas – AMAC Team Photographer
nursing students have courses who are taught by CPACC professors, they would treat patients with accessible attitudes, learning how to communicate better with them. Or if future teachers take courses in universal design for learning, which is part of CPACC, they would know to apply different learning and testing techniques based on students with
diverse abilities.
As more professionals become CPACC certified, persons with disabilities will start noticing the impact. Accessibility in every realm of life will become the norm, not the exception. The employment rate of individuals with disabilities will increase. Commercial and professional services will reap from our patronage. ADA and other disability-based lawsuits will dwindle, being replaced with appeals for more consumers to buy from businesses. Medical professionals who will receive CPACC-based training will communicate with patients with disabilities more effectively, and teachers will understand better the learning dynamics of students with diverse abilities. That’s what being certified in accessibility does.
For more information on becoming a Certified Professional in Accessibility Core Competencies, Please visit the CPACC’s FAQ Page.
Debra Ruh, CEO of Ruh Global Communications, Founder of TecAccess
I am often asked in my global travels, – “Why does the United States litigate so much?Why do you always sue each other?”Or I get comments that start like this: “You Americans..” That always make me smile and cringe because I figure the person is going to take a shot at my country. I am proud to be an American, but I also believe that the United States can learn a lot from other countries on many subjects, especially on Disability Inclusion, ICT Accessibility and Accessibility of the Built Environment.So why does the United States litigate so much?
Recently, an accessibility expert from Sweden asked me a question during #AXSChat, a tweet-chat held each Tuesday at 3pm on Twitter about #Disability Inclusion and Accessibility.She said, “Debra, do you think the United States would have made as much progress without litigation?”I have been asked that question many times in my travels.
I answered, “Unfortunately, I do not think we would have had the same progress.Our reality is that in the US we create legislation and then pound out our laws by litigating with each other.Then we refer to the legal cases to determine the best way to follow and strengthen our laws.”
Neil Milliken, Head of Accessibility and Digital Inclusion at Atos and co-founder of #AXSChat, sees litigation for accessibility as a possible solution elsewhere.
Neil Milliken
“In the UK disability legislation has since 2010 been part of the broader Equality Act (EQA2010). Whilst there have been a few cases they have predominantly focused on services and employment the law places a duty on organizations and people not to discriminate and to be proactive in doing so.
Although I am not a fan of the sometimes parasitic model of litigation that we see outlined by Debra in the US, I do feel that accessibility in the UK could benefit from a test case much like some of the early class action cases in the US so that case law can help define and refine the understanding of Digital Accessibility and companies can meet what are currently poorly understood and often ignored legal obligations.”
Although the process took many years to achieve, I will never forget the brave leaders who fought for our rights for so long. Staging protests, rallying, speaking to the press, and organizing events all strongly affected the eventual passage of the ADA. One protest stands out to me. It became known as “the Capital Crawl”. Over 1,000 disability rights activists and protesters left their wheelchairs and mobility devices and crawled up the 83 steps of our Capital Building, simply asking for the same rights and equality any other American had.
These amazing leaders fought for the Civil Rights for Persons with Disabilities. As a result, the
Image Credit. Capital Crawl – American with Disabilities Act of 1990, ADA supporters crawling up the steps of the U.S. Capital building on March 12, 1900
American’s with Disabilities Act (ADA) was signed into law by President George Bush on July 26th, 1990. Our family applauded these leaders knowing that they were fighting for all of our rights, including those of our daughter, Sara Ruh who was born in 1987 with Down syndrome.
Would the United States have made as much progress without laws like the ADA or Rehabilitation Act of 1973, Section 508, 504 and 503?I do not believe we would have made the progress.I also believe that these leaders efforts encouraged other countries to fight and to continue to fight for their rights.Now we have the United Nations Convention for the Rights of Persons with Disabilities. (CRPD).I am hopeful the United States will ratify that convention in 2016.
Could we have made as much progress without these laws and litigation?I do not think we would have.Why?Organizations mean well, -but they have many competing interests.For clarification, -I use the word “organizations” as a placeholder for corporations, nonprofits, universities, local, state and federal agencies.
President George Bush signs the ADA into Law on July 26, 1990 – Surrounding him on the South Lawn of the White House are (left to right, sitting) Evan Kemp, Chairman of the Equal Employment Opportunity Commission, and Justin Dart, Chairman of the President’s Committee on Employment of People with Disabilities; (let to right, standing) Rev. Harold Wilke and Swift Parrino, Chairperson, National Council on Disability. Image from the George H.W. Bush Presidential Library. Photo Credit linked in Image.
Most organizations create an annual strategic plan and update it throughout the year.The organization has to determine their strategic focus by considering many moving parts including changing laws, standards, industry changes, business climate, and risks.
Inclusion of individuals with disabilities has become more of a risk in the last few years.A few years ago a colleague mentioned a conversation with a General Counsel of a Fortune 100 firm.The General Counsel and Chief Compliance Officer noted that he had accessibility on his risk list for many years but it was way down on his list – maybe on the 15th page of things he was worried about. He noted that recently it has moved up to about page 3.Still not the top three things that kept him up at night, but it had moved up significantly on the things that were adding risk to the firm.What is keeping him up at night? These organizations have a lot of risk to worry about- such as privacy, security, globalization, branding, changing technology, and many other items.
For years, the United States has seen ADA complaints and lawsuits about disability discrimination and inaccessible websites.Most of this litigation is settled out of court.The most famous case was the complain against www.Target.com that turned into a class action lawsuit and was eventually settled out of court.It is interesting to note that www.Target.com is now one of the most accessible websites.
A Handicap Symbol with Target Logo within the wheelchair. Image Credits.
There is a troubling trend happening in the United States with a significant uptick in legal complaints and filings.Recently a law office sent a letter out to many major online retailers threatening them with lawsuits because their websites were not compliant or accessible.The letter told the retailers not to reach out to accessibility consultants.Instead, they were told to contact the law office and they would arrange to get them accessibility help with their websites.
A growing group of lawyers seems to realize that they can make a lot of money filing complaints against businesses. Image Credits – Laptop Image created by Emily Ha
Most of these attorneys are conscientious and want to assure that the websites are accessible to individuals with disabilities. However, a growing group of lawyers seems to realize that they can make a lot of money filing complaints against businesses and universities.Why?Well, most websites are still inaccessible to persons with disabilities.They understand that inaccessible websites can be a gold mine if lawsuits are won or settled on the behalf of the plaintiff.
Lady Justice with money tipping the scale.
Some lawyers actually do not care if the website is ever made accessible.They work with clients with disabilities and go to different websites and see if they are accessible.If they are not accessible, the lawyer files a case and hires an accessibility subject matter expert to validate that the site is not accessible.Then the organization being litigated against agree to pay a settlement.The attorney takes the lion share and then pays out the plaintiff.Those law firms keep accessibility experts on retainers and some are getting a large lump sum for each case. Generally, these cases do not go to trial.The problem is that the websites are not made accessible so individuals with disabilities lose.
This also happens with ADA complaints against small businesses because the business was not physically accessible.I understand the ADA is over 25 years old and it is past time that the Built Environment and Internet, Communications and Technology should be accessible.My complaint is directed to lawyers who make money via litigation but there are no expectations of access.
“ADA Requirements” on a laptop’s screen. Image Credits. Laptop ADA Image created by Emily Ha
Universities are also being targeted because of inaccessible websites, student portals, eLearning and other accessibility issues with their ICT.Individuals with disabilities are attending and graduating from universities in record numbers in the United States.It is critical that all students have full access to every aspect of the educational process.
Dr. Christopher Lee
“It’s true that U.S. higher education institutions face liability for inaccessible web content and technologies much like they did in the 1990s with inaccessible buildings. In fact, at last count, we’ve had over 27 higher education accessibility lawsuits, complaints, and settlements in recent times. However, there is very limited advocacy coming from people with disabilities compared to the ‘Capital Crawl’ movement. The driving force for change has been the National Federation of the Blind and the U.S. Department of Labor and their federal agency counterparts.
What can Universities do to protect themselves from legal complaints while still meeting the needs of the students with disabilities? The first and primary step is to develop and implement an information and communication technology (ICT) accessibility institutional policy and procedure.
There are several resources and good examples to draw upon. One helpful resource is the summary web page that has been published by The University of Washington. What we’ve seen is that ensuring compliance, securing the resources and maintaining procedures as technology shifts are usually the primary challenges institutions face.” -Dr. Christopher Lee, Department Head of AMAC Accessibility Solutions and Research Center
Some lawyers are adding a lot of value to these conversations.One of the best recognized attorneys in my opinion is Lainey Feingold.Lainey has become a champion to many in the community of persons with disabilities.
I visited her website, and gathered this information.
Lainey Feingold is a disability rights lawyer who works primarily with the blind and visually impaired community on technology and information access issues. She is nationally recognized for negotiating landmark accessibility agreements and for pioneering the collaborative advocacy and dispute resolution method known as Structured Negotiations.
Structured Negotiation is a collaborative and solution-driven dispute resolution method conducted without litigation. The goal is to help the organization become accessible so that the community of persons with disabilities and many other parts of the population, including aging citizens and non-native speakers, can have access to the content of your website with no ulterior motive.
Structured Negotiation appears to be a win win for everyone because the goal is to reduce the digital divide and provide access to everyone.
What do you think?Are we moving equal rights to technology, employment, transportation, housing and other parts of society forward by litigating in the US?
Join Neil Milliken, Antonio Santos and me on our weekly Twitter Chat. Just search the hashtag #AXSChat at 3pmEST and join the conversation. We chat about disability inclusion, empowerment, employability and accessibility.
The 25th ADA Anniversary falls on July 26, 2015. Debra Ruh, G3ict’s Technology and EmployAbility Chair and mother of a daughter with Down syndrome, writes about how the ADA personally shaped the narrative of her family.
Debra & Sara Ruh
We watched the media surrounding the signing of the ADA on television 25 years ago. My husband and I had followed the efforts being made in Washington, D.C. with great interest as persons with disabilities championed for the passage of this important legislation. It had become personal to our family. Before it became personal we believed that all Americans should have equal rights, but we did not understand all the implications and nuances.
Our daughter Sara Ruh had been born a few years earlier with Down syndrome (DS). She was not diagnosed until she was four months old, which was unusual at the time. I was 28 years old when I got pregnant with Sara and so the doctors did not recommend prenatal testing because there was no history of disabilities in my family.
I do remember that right after Sara was born a strange thought floated through my mind that she looked like a baby with DS. I immediately dismissed this because I did not know what babies with DS looked like and I did not know anyone who had it. Plus I was on pain medication because of the difficult birth.
A few months later, following some tests, a doctor diagnosed Sara as having DS. The doctor called us into the office and gave us the news that changed our lives. He doctor told us that she would be easier to raise than a child with ADHD. He also noted that she might never learn to walk or talk. He sent us to a geneticist and we were told that she might get pregnant at 16 so be careful. These well-meaning doctors were not very helpful. We decided to not listen to their negative comments with information that seemed out of place.
As we sat in the meeting room, hearing the news that our daughter’s path was going to be much different than what we had anticipated, we did not realize that people all over the United States were fighting for the rights of persons with disabilities.
The 25th Anniversary of the ADA is powerful for our family and for people all over the world. The ADA was one of the most powerful civil rights legislations of our time. The United States has accomplished so much during the 25 years of the ADA. Our family is so thankful to the people that fought for Sara and other persons with disabilities.
Sara Ruh did not get pregnant at 16 and she learned to talk and walk. Today she is an artist, a thespian, a dancer, and a motivational speaker. She has spoken all over the world to audiences as large as 5,000 at a time. She has been employed with Nordstrom’s for the last 9 years.
Sara has a good life and she spends a lot of time volunteering and helping other people. Her life matters and she has more options because of the people that fought for her rights and got the ADA passed 25 years ago.
The United Nations promulgated the Convention on the Rights for Persons with Disabilities (CRPD), and unfortunately, the United States has yet to ratify it despite the fact that 150+ other countries have done so. There’s a perception that signing the CRPD is unnecessary as we have the ADA. However, in order to incorporate newer benchmarks of accessibility, we need to be part of a global mandate that fosters a culture of inclusion for all citizens, including senior citizens. Disability is not a narrowly defined concept, but a spectrum that is inclusive of all abilities.
Join G3ict and other leaders in helping assure that persons with disabilities have access to ICT, education, employment, and a host of services that go towards making life productive, successful and valuable.
TecAccess, Making the world of technology accessibleDebra Ruh, CEO of Ruh Global Communications, Founder of TecAccess
The ROI of Hiring Technologists with Disabilities
By Debra Ruh, Founder of TecAccess, CEO and Founder of Ruh Global Communications
Employers looking to gain a strategic edge may find that hiring technologists with disabilities provides an attractive return on investment. Technologists with disabilities give everyone from private industry to educational institutions a way to improve the accessibility of their technology, hire a diverse workforce, and drive in more business by focusing on social responsibility and inclusion.
“ADA Requirements” in a laptop
Individuals with disabilities represent a huge market segment and a large untapped workforce. Additionally, with the recent amendments to the ADA and the updates coming soon to Section 508 of the Rehabilitation Act, technological accessibility needs to keep pace with the new legislation. These developments will require employers to address accommodation issues in the workplace, something that can be helped by having employees with disabilities in high tech and management positions.
However, disability related myths can impede this process. I worked with one large company that basically said, “We are going to decide what jobs can be done by persons with disabilities and then direct individuals with disabilities to those positions”. But it’s not the place of the employer to determine what jobs people with disabilities can do. An employer simply need to make sure that its HR systems and processes are fully accessible, and if a candidate applies and is qualified for the job, interview them and hire them to do the job. Period.
Employers can make a wise investment in hiring technologists with disabilities. A recent Department of Labor report indicated that workers with disabilities consistently meet or exceed the job performance of coworkers without disabilities. One good example can be found in a Canon facility outside of Chicago that began refurbishing cameras. They hired people with intellectual disabilities and the first year the program saved over $19 million. They also noticed that the plant’s overall productivity increased at a higher rate than other locations. Employees at the plant also reported increased morale and pride to work for the company. Such intangibles can be valuable to employers seeking a competitive edge in the marketplace.
To follow up on Debra Ruh’s current endeavors, follow her on social media: @DebraRuh or visit Ruh Global Communications
TecAccess, Making the world of technology accessibleWall Street Journal Smart Money
SmartMoney.Com
By Diana Ransom
P14777-18 President Bush signs the Americans with Disabilities Act on the South Lawn of the White House. Sharing the dais with the President and he signs the Act are (standing left to right): Rev. Harold Wilkie of Clairmont, California; Sandra Parrino, National Council on Disability; (seated left to right): Evan Kemp, Chairman, Equal Opportunity Commission; and Justin Dart, Presidential Commission on Employment of People with Disabilities. Mrs. Bush and Vice President Quayle participate in the Ceremony. 26 July 1990 Photo credit: George Bush Presidential Library and Museum
WHEN GEORGE W. BUSH last year signed into law an expanded Americans With Disabilities Act (ADA) that made it easier to qualify as disabled, employers worried what the impact would be on their businesses. Right now, they have a temporary reprieve as the Obama administration reviews the act, but in the next six months that could change if the law is broadened again.
The changing landscape has benefitted Debra Ruh. The owner of TecAccess, a Rockville, Va., technology accessibility consulting firm, Ruh, 50, works with tech clients such as Dell and AOL to comply with the law and ensure that their web sites and products are accessible to people with disabilities. Business is picking up as the economy recovers: TecAccess’s revenue this year will reach $4 million, double the 2008 number, says Ruh. She expects profits to drop about 5% from last year, to $200,000.
SmartMoney asked Ruh about the ups and downs with her eight-year-old firm. Here are her condensed answers.
Debra Ruh, CEO of Ruh Global Communications, Founder of TecAccess
Name: Debra Ruh Business: TecAccess, a technology accessibility consultancy. Industry: Technology Location: Rockville, Virginia Year founded: 2001 Number of employees: 25 Web address:www.tecaccess.net
You were a vice president at a prominent mortgage lender. Why the switch to a technology consultancy?
A photo of Sara Ruh as a baby
My daughter Sarah was diagnosed with Down syndrome when she was 4 months old. To be honest, we thought she’d grow out of it. But after several years, we realized that thinking wasn’t realistic. My husband and I started weighing employment options for Sarah. But the
Sara Ruh, Chief Inspiration
existing jobs for someone with her condition were fairly menial, while the more rigorous positions were only available to those with intellectual disabilities or the seeing impaired. At the time, we thought we should create a company that understands the value of hiring people with disabilities. I’m proud to say that Sarah who is now 22 years old has two jobs. In addition to serving as TecAccess’s chief inspiration officer, in which she speaks at events, answers the
phone and performs some light administration, she also works at Nordstrom.
How do you work with companies to revamp their products and services?
Even something as simple as fixing the way a web site is constructed can make a huge difference in improving accessibility among the disabled. Many web sites contain flashy graphics and images. However, for someone who is, say, sight impaired, pictures don’t translate. You have to tag all of those images in a certain way so that a screen reader will pick up what the image is. A side benefit of all of this tagging is the more accessible you make your web site, the easier it is for search engines and mobile devices to read it.
Does hiring disabled workers present its own set of challenges?
Rosemary Musachio
Initially, it did because we didn’t hire based on qualifications as much as we hired based on the fact that someone was disabled. Regrettably, this led to a few hiring failures. However, now we hire based on qualifications first and disability second.
How did the downturn affect business?
We didn’t feel any changes for the first couple of months last year. But then the projects started to just trickle in, and, all of a sudden, our customers went from paying us within 35 days to paying in 60 to 90 days. I had to reduce salaries across the board. And while we didn’t lay anyone off, we didn’t fill positions when people left. Although things are now looking up, the lack of cash flow stopped us from being able to create new products and services.
Helping companies cater to millions of disabled consumers is an effective sales pitch. During the downturn, did you have to change it?
Target sued for alleged violations against the Americans with Disabilities Act
Regardless of the positive return on investment we could provide, we found that, starting in January, potential clients were more interested in staying out of legal trouble. In recent years, companies including Target, Bank of America and Sony have been sued thanks to alleged violations against the Americans with Disabilities Act. As it turns out, when the economy goes down, lawsuits rise. (Editor’s note: The ADA is currently under review by the Obama administration and may or may not become more inclusive.)
Considering that so many companies are struggling to make ends meet these days, what do you say to businesses that say they can’t afford to add handicap-accessible products, features or services in spite of government mandates?
In this economy, we all need to expand our client base. While introducing new products and features will cost you, you’ll also be widening your reach by making them more accessible. Plus, as members of the baby boomer generation age, many of them will acquire disabilities. Not taking the steps to include these individuals can quickly erode future profits.
What is your best advice for entrepreneurs getting started today?
Today, especially, it is very important to follow the rules. Now you should have enough cash to cover eight months of expenses in the bank. If you grow too quickly, slow down, or you’ll exhaust your resources. Make sure your financials are always in order. Understand your balance sheet. And, of course, spend less than what you’re making. While these tips seem obvious, I didn’t follow them and perhaps had a more painful start-up process because of it.
For further information about TecAccess and their current endeavors, visit their website at SSB Bart Group
To follow up on Debra Ruh’s current endeavors, follow her on social media: @DebraRuh or visit Ruh Global Communications
