{"id":13754,"date":"2025-07-24T21:57:47","date_gmt":"2025-07-24T21:57:47","guid":{"rendered":"https:\/\/www.3playmedia.com\/?page_id=13754"},"modified":"2025-08-22T14:02:04","modified_gmt":"2025-08-22T14:02:04","slug":"accessibility-laws","status":"publish","type":"page","link":"https:\/\/www.3playmedia.com\/accessibility-laws\/","title":{"rendered":"Accessibility Laws"},"content":{"rendered":"\n
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Accessibility Laws<\/h1>\n\n\n

This page covers US federal accessibility laws, US state accessibility laws, and international accessibility laws.<\/p>\n<\/div>\n<\/div>\n\n\n\n

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US Federal Accessibility Laws<\/a><\/div>\n\n\n\n
US State Accessibility Laws<\/a><\/div>\n\n\n\n
International Accessibility Laws<\/a><\/div>\n\n\n\n
Accessibility Laws by Industry<\/a><\/div>\n\n\n\n
Accessibility Lawsuits<\/a><\/div>\n<\/div>\n<\/div>\n<\/div>\n\n\n\n
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US Federal Accessibility Laws<\/h2>\n\n\n\n
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Americans with Disabilities Act (ADA)<\/h3>\n\n\n\n

Learn more about ADA accessibility & closed captioning requirements<\/a>.<\/p>\n\n\n\n

The ADA is a broad, anti-discrimination law for people with disabilities. Titles II and III of the ADA affect web accessibility and closed captioning.<\/p>\n\n\n\n

Title II prohibits disability discrimination by all public entities at the local and state level. Governmental organizations must ensure \u201ceffective communication\u201d with citizens, including providing assistive technology or services as needed.<\/p>\n\n\n\n

Title III prohibits disability discrimination by \u201cplaces of public accommodation.\u201d A place of public accommodation covers shared or public entities like libraries, universities, hotels, museums, theaters, transportation services, etc., that are privately owned. Video displayed within or distributed by such places must be captioned.<\/p>\n\n\n\n

Both Title II and Title III offer a disclaimer about instances where such accommodation would create an \u201cundue hardship\u201d for the organization. This is often the crux of arguments in ADA lawsuits about whether or not an organization must provide closed captioning. Another point of contention is whether or not a purely online business can be considered a \u201cplace of public accommodation.\u201d<\/p>\n\n\n\n

Whom this law applies to:<\/strong><\/p>\n\n\n\n

Municipal and state offices and facilities; museums; libraries; schools, colleges & universities; theaters & cinemas; convention centers & arenas; train stations & airports; hotels; parks; hospitals and clinics; pharmacies; restaurants; retail stores & malls; day care facilities; potentially, online services or products that are made publicly available.<\/p>\n\n\n\n

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Download the Free Ebook: How the ADA Impacts Online Video Accessibility<\/a><\/div>\n<\/div>\n<\/div>\n\n\n\n
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Section 508 & Section 504 of the Rehabilitation Act<\/h3>\n\n\n\n

Learn more about Section 508 & 504 accessibility & closed captioning requirements<\/a>.<\/p>\n\n\n\n

Section 508 of the Rehabilitation Act requires electronic communications and information technologies, such as websites, email, or web documents, be accessible. For video content, closed captions are a specific requirement.<\/p>\n\n\n\n

Section 504 of the Rehabilitation Act protects the civil rights of people with disabilities by requiring all federal entities \u2014 and organizations that receive federal funding \u2014 to make accommodations for equal access. This means that closed captioning must be provided for users who are deaf or hard of hearing.<\/p>\n\n\n\n

Whom this law applies to:<\/strong><\/p>\n\n\n\n

US federal offices and all their digital or physical services and communications; organizations that receive federal funding; universities or colleges that receive federal grants.<\/p>\n\n\n\n

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Download the free whitepaper: Section 508 and 504: Closed Captioning and Web Accessibility Requirements<\/a><\/div>\n<\/div>\n<\/div>\n\n\n\n
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FCC Closed Captioning Regulations<\/h3>\n\n\n\n

Learn more about FCC\u2019s closed captioning requirements<\/a>.<\/p>\n\n\n\n

The Federal Communications Commission (FCC) regulates all interstate and international communications via television, radio, and the internet in the United States of America. An independent government agency overseen by Congress, the FCC sets strict guidelines for closed captioning television programs and live broadcasts, with specific standards on caption accuracy, timing, placement, and completeness. The FCC is the federal agency responsible for implementing and enforcing these laws and regulations regarding U.S. communications.<\/p>\n\n\n\n

While analog broadcasters have had to caption their video content for some time, video broadcasters using the Internet are now also being affected by FCC rules and regulations.<\/p>\n\n\n\n

Whom this law applies to:<\/strong><\/p>\n\n\n\n

Television broadcasters in the U.S.; television content producers; online or analog content distributors; film producers and distributors in the US.<\/p>\n\n\n\n

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Download the (free) brief: FCC Rules for Online Video Captioning<\/a><\/div>\n<\/div>\n<\/div>\n\n\n\n
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21st Century Communications and Video Accessibility Act (CVAA)<\/h3>\n\n\n\n

Learn more about CVAA closed captioning requirements<\/a>.<\/p>\n\n\n\n

Signed into law in 2010, the CVAA updates federal communications law to \u201cincrease the access of persons with disabilities to modern communications,\u201d and specifically  address closed captioning for online video (particularly that which has previously aired on U.S. television with closed captions originally). This content must comply with analog FCC closed captioning regulations, including quality standards for timing, placement, accuracy, and completeness.<\/p>\n\n\n\n

The CVAA applies to web video streaming sites that distribute TV shows online, as well as media sites that include movie trailers, clips, and montages. Compliance benchmarks were established with rolling deadlines.<\/p>\n\n\n\n

Whom this law applies to:<\/strong><\/p>\n\n\n\n

Websites that stream or offer downloadable video previously aired on American television with captions (in English or Spanish).<\/p>\n\n\n\n

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Download the free whitepaper: CVAA Online Video Captioning Requirements and Deadlines<\/a><\/div>\n<\/div>\n<\/div>\n\n\n\n
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US State Accessibility Laws<\/h2>\n<\/div>\n\n\n\n
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Back to Top<\/a><\/div>\n<\/div>\n<\/div>\n<\/div>\n\n\n\n

Many states<\/a> have adopted Section 508 federal regulations into their own laws (\u201clittle 508s\u201d), requiring state government entities to comply with federal accessibility standards. Some states created their own accessibility laws based on Section 508 or other standards.<\/p>\n\n\n\n

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International Accessibility Laws<\/h2>\n<\/div>\n\n\n\n
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Canada<\/h3>\n\n\n\n

Learn more about Canadian accessibility & closed captioning requirements<\/a>.<\/p>\n\n\n\n

Accessibility for Ontarians with Disabilities Act (AODA)<\/h4>\n\n\n\n

The AODA is the most progressive accessibility law in the world and sets accessibility requirements for organizations in Ontario, Canada with the aim of creating a universally accessible province by 2025.<\/p>\n\n\n\n

The AODA regulates accessibility standards<\/a><\/strong> across government, public, and private sectors, with requirements affecting five different areas of business: customer service, employment, information and communications, transportation, and design of public spaces. The AODA categorizes businesses by size and ownership (public or private), with slightly different rules for each.<\/p>\n\n\n\n

Under the AODA, all large private and non-profit organizations with 50 or more employees and all public sector organizations are required to make their websites accessible. The AODA mandates that web content and online video must conform to the Web Content Accessibility Guidelines<\/strong><\/a> (WCAG) 2.0 AA success criteria with two exceptions: criteria 1.2.4 (live captions) and criteria 1.2.5 (audio descriptions).<\/p>\n\n\n\n

Canadian Radio-television and Telecommunications Commission (CRTC)<\/h4>\n\n\n\n

In 2007, Canada\u2019s broadcast industry established two working groups under the direction of the CRTC. The goal of these working groups was to develop closed captioning standards that would ensure consistent and reliable quality throughout the Canadian broadcasting system. The CRTC formed several policies<\/a> based on these groups that would address captioning quality and quantity, as well as a system to monitor captioning and a way for the public to file complaints.<\/p>\n\n\n\n

The CRTC requires most broadcasters to caption 100% of their programs during a broadcast day, which is defined as the hours between 6 am and midnight. They must additionally ensure that 100% of advertising, sponsorship messages, and promotional content is captioned. Finally, they must provide viewers with closed captioning \u2013 if captions are available \u2013 for all programming aired overnight (from midnight to 6 am).<\/p>\n\n\n\n

To establish quality standards and measure accuracy, the CRTC refers to the Canadian NER model. Broadcasters of pre-recorded programs should target 100% accuracy, while live programming requirements are more forgiving \u2013 French-language content should target 85% accuracy, while English-language content should target 98% accuracy. The primary difference in standards for French- and English-speaking Canadian audiences is largely due to the captioning techniques employed by and\/or available to each market.<\/p>\n\n\n\n

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Download the whitepaper: How the AODA Impacts Web and Online Video<\/a><\/div>\n\n\n\n
Read the post<\/a><\/div>\n<\/div>\n<\/div>\n\n\n\n
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United Kingdom<\/h3>\n\n\n\n

Learn more about UK accessibility & subtitle regulations<\/a>.<\/p>\n\n\n\n

The Equality Act (EQA)<\/h4>\n\n\n\n

The EQA consolidated 116+ anti-discrimination laws into a single bill that protects individuals\u2019 civil rights regardless of gender, sex, age, religion, political affiliation, disability, marital status, or sexual orientation. Employers are required to make \u201creasonable adjustments\u201d to accommodate people with disabilities. Accessibility requirements such as closed captioning videos extend to public entities and universities, as well.<\/p>\n\n\n\n

British National Standard 8878<\/h4>\n\n\n\n

BS 8878 is a national standard that set accessibility recommendations for all electronic products, services, and information. It outlines an actionable accessibility strategy and provides templates for writing your organization\u2019s accessibility policy statement.<\/p>\n\n\n\n

Ofcom Regulations<\/h4>\n\n\n\n

Similar to the FCC in America, Ofcom regulates British telecommunications and broadcast media. It is responsible for setting standards, rules, and deadlines for closed captioning in the UK. The Ofcom Code on Television Access Services sets a schedule of accessibility compliance for broadcasters with annual deadlines spread over 10 years. By the end of the 10th year, at least 80% of the broadcaster\u2019s content must have subtitles.<\/p>\n\n\n\n

Communications Act of 2003<\/h4>\n\n\n\n

The Communications Act of 2003 granted Ofcom full regulatory authority of telecommunications and broadcast media in the UK. In addition to other major rule changes, the Communications Act increased requirements for UK broadcasters to provide \u2018television access services,\u2019 like subtitling, sign language, and audio descriptions. Section 303 of the Communications Act compels Ofcom to enact rules about TV access services, along with deadline for compliance.<\/p>\n\n\n\n

UK Digital Accessibility 2020 Updates<\/h4>\n\n\n\n

As of September 23, 2020, all\u00a0public sector bodies in the UK must comply with updates to digital accessibility regulations<\/a>, which build on existing obligations to people who have a disability under the Equality Act 2010. All existing websites that were published before Sep. 28, 2018 must now be accessible. In general, the new regulations are aligned to accessibility guidelines like that of WCAG 2.1 AA. The regulations apply to pre-recorded videos published after Sep. 23, 2020, and do not explicitly apply to live time-based media. The full name for the new accessibility regulations is\u00a0Public Sector Bodies (Websites and Mobile Applications) (No. 2) Accessibility Regulations 2018<\/a>.<\/p>\n\n\n\n

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Download the free whitepaper: UK Web Accessibility and Subtitle Regulations<\/a><\/div>\n<\/div>\n<\/div>\n\n\n\n
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Australia<\/h3>\n\n\n\n

Learn more about Australian accessibility & closed captioning requirements<\/a><\/p>\n\n\n\n

Broadcasting Services Act<\/h4>\n\n\n\n

The Broadcasting Services Act gave Australian parliament power to set requirements for closed captioning of broadcast media. An amendment to the act specified caption compliance for public television: 100% of public TV programming aired between 6am-12am and all news and current affairs footage must be closed captioned.<\/p>\n\n\n\n

ACMA Regulations<\/h4>\n\n\n\n

Similar to the FCC in the US or Ofcom in Britain, the Australian Communications and Media Authority (ACMA) regulates broadcasting, including closed captioning rules. They set guidelines on acceptable formatting, style, and caption display.<\/p>\n\n\n\n

Disability Discrimination Act (DDA)<\/h4>\n\n\n\n

Comparable to the Americans with Disabilities Act in the US or the Equality Act in Great Britain, the DDA protects the civil rights of individuals with disabilities and mandates certain accommodations for them. Section 24 of the DDA requires all free or paid goods, services, or facilities to be made accessible. Subsequent disability discrimination lawsuits have established that this applies to Australian websites or other digital products or services.<\/p>\n\n\n\n

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Download the free whitepaper: Web Accessibility and Closed Captioning in Australia and New Zealand<\/a><\/div>\n<\/div>\n<\/div>\n\n\n\n
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New Zealand<\/h3>\n\n\n\n

Learn more about New Zealand accessibility & closed captioning requirements<\/a>.<\/p>\n\n\n\n

Web Accessibility Standard<\/h4>\n\n\n\n

New Zealand\u2019s Web Accessibility Standard established rules for accessible design of government websites at the state and federal level. It largely mimics WCAG 2.0 design standards. According to the standard, web video requires closed captions for prerecorded content within 10 business days of posting. Live captioning is required for \u201chigh stakes information or services,\u201d such as public safety announcements or election news.<\/p>\n\n\n\n

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Download the free whitepaper: Web Accessibility and Closed Captioning in Australia and New Zealand<\/a><\/div>\n<\/div>\n<\/div>\n\n\n\n
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Philippines<\/h3>\n\n\n\n

Learn more about Filipino closed captioning requirements<\/a>.<\/p>\n\n\n\n

Republic Act No. 10905<\/h4>\n\n\n\n

In 2016, the Republic Act No. 10905, entitled \u201cAn Act Requiring All Franchise Holders or Operators of Television Stations and Producers of Television Programs to Broadcast or Present Their Programs With Closed Caption Options,\u201d lapsed into law.<\/p>\n\n\n\n

The law requires that broadcast television in the Philippines have closed captions on all programming, with some exceptions.<\/p>\n\n\n\n

Broadcasters who fail to provide closed captioning are subject to fines, jail time, or having their broadcasting license revoked.<\/p>\n\n\n\n

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Ireland<\/h3>\n\n\n\n

Learn more about Irish closed captioning requirements<\/a>.<\/p>\n\n\n\n

Disability Act 2005<\/h4>\n\n\n\n

Ireland reached an accessibility and inclusion milestone with the Disability Act 2005, which mandated that public services be made accessible and inclusive for all people regardless of disability.<\/p>\n\n\n\n

Notably, the Act requires that when a \u2018public body\u2019 communicates electronically, the contents of the communication must be \u201caccessible to persons with a visual impairment to whom adaptive technology is available.\u201d<\/p>\n\n\n\n

The National Disability Authority has produced a legally binding Code of Practice, which outlines how to meet the requirements of the Act, using the WCAG 2.0 AA standard.<\/p>\n\n\n\n

In accordance with WCAG 2.0 Level AA, it is required to provide captions for all prerecorded audio content in synchronized media, except when the media is a media alternative for text and is clearly labeled as such. Captions must also be provided for all live audio content in synchronized media.<\/p>\n\n\n\n

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Read the blog: Understanding WCAG Guidelines<\/a><\/div>\n<\/div>\n<\/div>\n\n\n\n
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South Africa<\/h3>\n\n\n\n

Learn more about South African video accessibility requirements<\/a>.<\/p>\n\n\n\n

The Equality Act (PEPUDA)<\/h4>\n\n\n\n

The Promotion of Equality and Prevention of Unfair Discrimination Act, also known as PEPUDA, or the Equality Act<\/a>, became law in the year 2000. It states that \u201cneither the State nor any person may unfairly discriminate against any person.\u201d<\/p>\n\n\n\n

Discrimination, in this piece of legislation, is defined as \u201cany act or omission, including a policy, law, rule, practice, condition or situation which directly or indirectly A)<\/strong> imposes burdens, obligations or disadvantages on; or B)<\/strong> withholds benefits, opportunities, or advantages from any person on one or more of the prohibited grounds,\u201d which include the grounds of disability.<\/p>\n\n\n\n

Chapter 9 of the Equality Act, Prohibition of unfair discrimination on the basis of disability<\/em>, also states that \u201cno person may discriminate against any person on the ground of disability,\u201d including \u201cfailing to eliminate obstacles<\/strong> that unfairly limit or restrict persons with disabilities from enjoying equal opportunities or failing to take steps to reasonably accommodate the needs of such persons.\u201d<\/p>\n\n\n\n

Promotion of Access to Information Act<\/h4>\n\n\n\n

The Promotion of Access to Information<\/a> (PAIA) of 2000 states \u201cright of access to any information held by a public or private body may be limited to the extent that the limitations are reasonable and justifiable in an open and democratic society based on human dignity, equality, and freedom.\u201d<\/p>\n\n\n\n

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Read the blog: South African Accessibility Laws<\/a><\/div>\n<\/div>\n<\/div>\n\n\n\n
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View All Accessibility Laws by Industry<\/h2>\n<\/div>\n\n\n\n
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Company Training Videos<\/h3>\n\n\n\n

Title I & Title II<\/h4>\n\n\n\n

Providing accessible company training videos is covered under both Title I and Title II of the ADA.<\/p>\n\n\n\n

Title I prohibits employers and government agencies from discriminating against qualified individuals on the basis of a disability.<\/p>\n\n\n\n

Under Title II, disabled employees must not be barred from performing responsibilities because of inaccessible processes or procedures. Therefore state and local entities need to caption videos for internal communication and training, as well as public\u2010facing material.<\/p>\n\n\n\n

The ADA requires an employer to make reasonable accommodation for the disability of a qualified applicant or employee, as long as it would not impose an \u201cundue hardship\u201d on the operation of the business.<\/p>\n\n\n\n

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Public Websites<\/h3>\n\n\n\n

Title III<\/h4>\n\n\n\n

Title III of the ADA covers places public accommodation, requiring that they provide auxiliary aids and services to ensure effective communication with individuals with disabilities. Over the last several years, courts have been ruling in support of web and video accessibility, extending the term \u201cplace of public accommodation\u201d to online communities, in addition to brick and mortar facilities.<\/p>\n\n\n\n

Section 508<\/h4>\n\n\n\n

Section 508 is a federal anti-discrimination law which applies to federal and federally funded programs in their treatment of individuals with disabilities. Section 508 expands the Rehabilitation Act to include equal access to electronic and information technology, requiring that accessible alternatives by provided to individuals with disabilities.<\/p>\n\n\n\n

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Read the blog: Deep Dive on Major Web Accessibility Laws<\/a><\/div>\n<\/div>\n<\/div>\n<\/div>\n\n\n\n
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K-12 Schools<\/h3>\n\n\n\n

Title II<\/h4>\n\n\n\n

Title II of the ADA prohibits disability discrimination by all public entities at the local and state level, including K-12 schools. These schools are required to comply with many regulations.<\/p>\n\n\n\n

Section 504 & Section 508<\/h4>\n\n\n\n

Section 504 prohibits K-12 schools from denying participation in education or extracurriculars due to a child\u2019s disability. It also expands the Individuals with Disabilities Education Act to protect a broader range of children with disabilities.<\/p>\n\n\n\n

Section 508 relates to electronic and information technology, and covers access to federal programs and services. Several regulations require these programs to provide accessible tech and web content. For example, the Assistive Technology Act will not provide funding to states unless they guarantee compliance with Section 508.<\/p>\n\n\n\n

Individuals with Disabilities Education Act (IDEA)<\/h4>\n\n\n\n

IDEA ensures that students with disabilities are provided Free Appropriate Public Education that meets their individual needs.<\/p>\n\n\n\n

State Laws<\/h4>\n\n\n\n

Many states have enacted their own accessibility laws similar to Section 508.<\/p>\n\n\n\n

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Private Colleges<\/h3>\n\n\n\n

Section 504<\/h4>\n\n\n\n

Section 504 prohibits discrimination on the basis of disability in programs and activities that receive federal funding.<\/p>\n\n\n\n

Section 508<\/h4>\n\n\n\n

While Section 508 doesn\u2019t apply to colleges that don\u2019t receive federal funding directly, many grants require that materials created within the funding meet 508 standards. Therefore, Section 508 may still apply to some private institutions.<\/p>\n\n\n\n

Title III<\/h4>\n\n\n\n

Title III prohibits disability discrimination by \u201cplaces of public accommodation\u201d including universities that are privately owned.<\/p>\n\n\n\n

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Religious Institutions<\/h3>\n\n\n\n

Section 504 of the Rehabilitation Act<\/h4>\n\n\n\n

Section 504 of the Rehabilitation Act is a civil rights law that prohibits discrimination against individuals with disabilities by federal programs and activities, federal electronic and information technology, and any program receiving federal assistance.<\/p>\n\n\n\n

21st Century Video Accessibility Act<\/h4>\n\n\n\n

The CVAA states that all online video previously aired on television is required to have closed captioning (including clips and montages).<\/p>\n\n\n\n

State Laws<\/h4>\n\n\n\n

Many states have enacted their own accessibility laws that apply to religious institutions.<\/p>\n\n\n\n

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State Governments<\/h3>\n\n\n\n

Section 504<\/h4>\n\n\n\n

Section 504 prohibits discrimination on the basis of disability in programs and activities that receive federal funding.<\/p>\n\n\n\n

Section 508<\/h4>\n\n\n\n

While it\u2019s debated if Section 508 applies to state governments, there are several instances where the law does apply and states do need to comply.For example, many states have enacted their own \u201cmini 508\u201d laws that apply the following requirements.<\/p>\n\n\n\n

Title II<\/h4>\n\n\n\n

Title II mandates that public entities cannot refuse to accommodate people with disabilities and must provide the necessary aids for such individuals to have equal access.<\/p>\n\n\n\n

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Enterprise<\/h3>\n\n\n\n

Enterprise video can greatly benefit from being accessible! But with 70% of enterprise captioning budgets falling under $10,000, many wonder if they really need to make their videos accessible.<\/p>\n\n\n\n

If your enterprise organization produces the following videos or has received a request to make videos accessible, then the laws apply to you:<\/p>\n\n\n\n

-Public-facing online video content
-Employee training videos
-Video tutorial for products
-Video content for internal communication<\/p>\n\n\n\n

ADA<\/h4>\n\n\n\n

The goal of the Americans with Disabilities Act (ADA) is to ensure equal opportunities for individuals with disabilities. The ADA has five sections, but Title II<\/em> and Title III<\/em> are the most relevant for video and web accessibility.<\/p>\n\n\n\n

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Media and Entertainment<\/h3>\n\n\n\n

When we want entertainment we can get it practically anywhere, at any time, in just a few clicks. That\u2019s why it\u2019s crucial to understand how this content must be made accessible. Accessibility laws including the CVAA, FCC, and ADA all apply to media and entertainment in the following ways:<\/p>\n\n\n\n

CVAA<\/h4>\n\n\n\n

Addresses closed captioning for online video that previously aired on US television with closed captions.<\/p>\n\n\n\n

FCC<\/h4>\n\n\n\n

Regulates the quality of closed captions with standards for accuracy, timing, placement, and completeness.<\/p>\n\n\n\n

ADA<\/h4>\n\n\n\n

Prohibits disability discrimination by \u201cplaces of public accommodation\u201d and therefore requires that videos displayed within or distributed by such places are captioned.<\/p>\n\n\n\n

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Read the blog post<\/a><\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/section>\n\n\n\n
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Accessibility Lawsuits<\/h2>\n<\/div>\n\n\n\n
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National Association of the Deaf (NAD) v. Netflix<\/h3>\n\n\n\n

In 2010, a suit was brought against Netflix by the National Association of the Deaf (NAD), alleging that Netflix was discriminating against deaf and hard-of-hearing viewers because not all their streaming video had closed captions.<\/p>\n\n\n\n

The NAD asserted that this online business was a \u201cplace of public accommodation\u201d despite lacking a physical location. The NAD also had the backing of the Department of Justice.<\/p>\n\n\n\n

This was the first time the ADA had been interpreted to apply to online-only businesses, and specifically online-only video content.<\/p>\n\n\n\n

In October of 2012, Netflix decided not to go to court and instead to settle with a legally binding consent decree. They agreed to caption 100% of their video retroactively and moving forward.<\/p>\n\n\n\n

Because the case was settled before a court delivered a final ruling, there is room for a difference of opinion on how the ADA applies to only-only businesses.<\/p>\n\n\n\n

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More about the Netflix web accessibility lawsuit<\/a><\/div>\n<\/div>\n<\/div>\n\n\n\n
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National Association of the Deaf (NAD) v. Hulu<\/h3>\n\n\n\n

The NAD pressured Hulu to adopt a formal closed captioning policy for their streaming web video, including Hulu originals.<\/p>\n\n\n\n

The plaintiff\u2019s legal team was let by the same attorney that successfully settled the Netflix case on the same issue.<\/p>\n\n\n\n

In September, 2016, Hulu reached a settlement with the NAD. They agreed to adhere to the FCC\u2019s standards for caption quality, and to closed caption all full-length English or Spanish video content by September, 2017.<\/p>\n\n\n\n

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More how to meet hulu captioning specs<\/a><\/div>\n<\/div>\n<\/div>\n<\/div>\n\n\n\n
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National Association of the Deaf (NAD) v. Amazon<\/h3>\n\n\n\n

In October, 2015, Amazon struck a deal with the National Association of the Deaf (NAD) to ensure that Amazon\u2019s library of over 190,000 TV shows and films will get closed captioning.<\/p>\n\n\n\n

Amazon Prime Video was already fully captioned, but this agreement tackles Amazon\u2019s archive of Instant Video that wasn\u2019t yet captioned.<\/p>\n\n\n\n

New additions to the Amazon Prime video offerings will also have closed captions.<\/p>\n\n\n\n

The closed captions on Amazon video must comply with FCC caption quality standards for accuracy, placement, timing, and completeness.<\/p>\n\n\n\n

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More on how to meet Amazon captioning specs <\/a><\/div>\n<\/div>\n<\/div>\n\n\n\n
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National Association of the Deaf (NAD) v. Massachusetts Institute of Technology (MIT) and Harvard University<\/h3>\n\n\n\n

In February 2015, the National Association of the Deaf (NAD) filed suit against both Massachusetts Institute of Technology (MIT) and Harvard University, citing violations of the ADA and the Rehabilitation Act for the universities\u2019 failure to provide accurate and comprehensive captioning for online course materials.<\/p>\n\n\n\n

Both universities filed a motion to dismiss the case. After the DOJ weighed in on the side of the NAD, the appeals court denied Harvard and MIT\u2019s motions to dismiss, saying that there is adequate precedent in ADA case law for the suit to proceed. As of February 2020, after years of litigation, both the NAD v. Harvard and NAD v. MIT lawsuits have officially been settled by the court of law.<\/p>\n\n\n\n

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More on Harvard & MIT web accessibility lawsuit<\/a><\/div>\n<\/div>\n<\/div>\n<\/div>\n\n\n\n
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U.S. Equal Employment Opportunity Commission (EEOC) v. FedEx Ground Package System, INC. (FedEx Ground)<\/h3>\n\n\n\n

In 2014, the EEOC sued FedEx for ADA violations because they failed to provide accommodations for deaf or hard-of-hearing employees or job applicants, such as providing American Sign Language (ASL) interpretation and closed-captioned training videos during the mandatory initial tour of the facilities and new-hire orientation. In July, 2015, the NAD joined the plaintiff in the litigation.<\/p>\n\n\n\n

In January, 2016, the court denied FedEx\u2019s motions to dismiss the case, and it is still pending.<\/p>\n\n\n\n

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More about the FedEx accessibility lawsuit<\/a><\/div>\n<\/div>\n<\/div>\n\n\n\n
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Earll v. Ebay<\/h3>\n\n\n\n

Melissa Earll brought a disability discrimination lawsuit against eBay after she was barred from selling her goods on the site. eBay\u2019s verification system for sellers requires the retrieval and submission of a password from a telephone call. Earll was unable to retrieve the spoken password because she was deaf.<\/p>\n\n\n\n

In 2013, the court dismissed her case. Earll appealled, and the Ninth Circuit Court of Appeals found in favor of eBay in 2015. It argued that the ADA\u2019s Title III does not apply to online-only businesses, and so eBay would not be categorized as a place of public accommodation.<\/p>\n\n\n\n

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More about ADA Title III<\/a><\/div>\n<\/div>\n<\/div>\n<\/div>\n\n\n\n
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DRA v. University of California, Berkeley<\/h3>\n\n\n\n

Between 2011 and 2013, three undergraduate students from the University of California (UC) Berkeley, took legal action over their school\u2019s inaccessible textbooks and unrealistic accommodation timelines. Instead of going to court, the legal team representing the students took the collaborative approach and successfully engaged in structured negotiations with the university.<\/p>\n\n\n\n

The case was ultimately settled. After UC Berkeley was found to be in violation of ADA\u2019s Title III, the administration made substantial changes to their library and print-to-digital conversion process.<\/p>\n\n\n\n

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More about the UC Berkeley accessibility<\/a><\/div>\n<\/div>\n<\/div>\n\n\n\n
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