Don’t Play Politics with Accessibility
Bill Casey CEO & Partner#Industry Insights, #Design Advice
While recent presidential actions may undermine and eliminate DEI efforts, don't ignore web accessibility standards.
There are few hotter hot buttons today than the issue of DEI (Diversity, Equity, and Inclusion). At face value, DEI is a loose collection of "organizational frameworks which seek to promote the fair treatment and full participation of all people, particularly groups who have historically been underrepresented or subject to discrimination on the basis of identity or disability." [Wikipedia] This doesn't seem like it should be a contentious issue, but here we are. Today's conflict stems, in part, from the longstanding debate over affirmative action and the idea that fairness for one means the exclusion of another, generally in areas concerning race and gender. It also has been wrapped into ongoing culture wars where progressive ideologies involving race, sexuality, religion, gender roles, economic opportunity, and more are in open conflict with conservative beliefs and the desire to remove aspects of these ideologies from society at large. The flames of the debate are continually fanned by politicians and media personalities preying on people's fears and struggles, finding blame in "the other" vs. seeking real solutions, in order to advance their own agendas.
For many, the core intent of DEI (a more diverse, equitable, and inclusive workforce) is now largely overlooked and instead seen as an evil plot to undo American values. As is the case with most political discourse these days, the details and nuance of DEI are lost in a sea of sound bites, sloganeering, fear-mongering, claims of "wokeness" gone awry, or counter-accusations of racism and bigotry. The term "DEI" has become charged to the point of losing its actual meaning. As the political pendulum swings, we are now in a period where DEI has become the target of governmental condemnation and ultimately elimination.
Wherever one falls on the debate, there is the undeniable reality that a sweeping condemnation of DEI could have unintended and regrettable consequences that could set back years of positive advancement. One of these is the idea of accessibility, specifically making the vast and ubiquitous digital world we live in today accessible to those with visual and other physical impairments. The acronym DEI is actually a shortened version of DEIA (Diversity, Equity, Inclusion, and Accessibility). Government and private businesses alike have included accessibility concerns in their overall DEI strategies, leading to significant improvements in opening up the digital world to people that were previously cut out. While no decent person would argue that making the web accessible to people with disabilities is a bad thing, the real issue is that the rhetoric, inflamed passions, and vilification of DEI could stifle the momentum and advancements that digital accessibility has seen since being lumped into the broader effort.
A Brief History of Digital Accessibility
The genesis of digital accessibility goes back decades to legislation aimed at treating all Americans fairly, inspired by the Civil Rights Act of 1964. Legislation focused on people with disabilities came with the Rehabilitation Act of 1973 and Americans with Disabilities Act of 1990 (ADA). Both have been amended over the years to include provisions accounting for digital accessibility. Title III of the ADA requires that websites of businesses open to the public be accessible to people with disabilities, while Section 508 of the Rehabilitation act requires federal agencies to make their Electronic and Information Technology (EIT) accessible to people with disabilities. While certainly well intentioned, these laws lacked the sort of specificity needed to define what "accessible" actually means in a constantly evolving digital landscape.
In an effort to solve part of this problem, the World Wide Web Consortium (W3C) released the Web Content Accessibility Guidelines (WCAG), a set of recommendations for making the web accessible to people with disabilities. This comprehensive and evolving set of guidelines is an essential tool for digital designers and developers, allowing them to ensure their products are accessible to the widest possible audience. However, WCAG is not law and W3C is not a government agency. Existing laws do not specify exactly which guidelines to follow or how to know when a digital asset is fully accessible. The laws stipulate that digital information must be accessible to people with disabilities in a way "that is comparable to" people without disabilities. Beyond that, not much guidance is given, and enforceable violations are vague at best.
DEIA and Digital Accessibility
For the federal government, complying to digital accessibility laws fell under the scope of what would become DEIA - a broad set of initiatives meant to provide the legal framework for adhering to anti-discrimination laws and advancing diversity, equity, and inclusion goals. These took the forms of memorandums and executive orders, spanning multiple administrations, that mandated specific actions, created new positions and departments, and set targets and goals for meeting DEIA ideals. The overall concept of DEIA is a loosely connected history of government action with a variety of goals, some concrete, some aspirational, some well-defined, and some not. Despite this lack of a comprehensive plan or singular focus, DEIA put the weight of the U.S. government behind efforts to reduce and eliminate accessibility barriers resulting in significant improvements to federally controlled digital assets, including mandating adherence to WCAG guidelines.
While these governmental DEIA initiatives only applied to government agencies, the private sector also adopted it's own DEIA policies and initiatives, recognizing the benefits of inclusivity and accessibility not only concerning employees but customers as well. While still far from perfect, much progress has been made in making the web more accessible to everyone, largely thanks to robust and comprehensive DEIA initiatives.
Impact of Recent Executive Orders
In an executive order signed on January 20, 2025, President Trump enacted a wholesale elimination of DEIA initiatives within the federal government. The order calls for the "termination of all discriminatory programs, including illegal DEI and 'diversity, equity, inclusion, and accessibility' (DEIA) mandates, policies, programs, preferences, and activities in the Federal Government, under whatever name they appear." With no further specificity than this, everything under the banner of DEIA is gone, including anything related to digital accessibility…throwing the baby out with the bathwater[GU1] , if you will. This does not mean the ADA and Section 508 are no longer valid. Those are established laws that still hold precedence. However, without any government bodies to interpret, uphold, and advance these statutes, it is entirely reasonable to expect little in the way of further progress.
Risks of Abandoning Accessibility
With the shifting political tide, many major corporations (including Amazon, Meta, McDonald’s, and more) are following suit and abandoning their own DEIA initiatives which in many cases may also include initiatives aimed at achieving and maintaining digital accessibility. Whether attempting to gain political favor or motivated by their own beliefs, the implications and risks associated with ignoring accessibility concerns are significant.
Loss of focus and meaningful advancement
Without advocacy and proactive solution seeking, it is entirely uncertain where or how accessibility concerns, public or private, will be addressed. DEIA initiatives have provided momentum and kept advocacy alive and well in government offices and corporate boardrooms. Without a voice or a platform, advancement may stagnate. Without regulation, standards may become lax, and the state of digital accessibility may deteriorate. DEIA initiatives have been a primary driving factor in keeping accessibilities concerns at the forefront of digital conversations. Losing these initiatives places further attention and meaningful advancement in doubt.
Loss of Reach
Implementing web accessibility expands the potential audience for a website, allowing people with disabilities to engage with content and participate fully. Without a well-managed and enforced accessibility strategy, large segments of intended audiences will be left out.
Lawsuits
Digital accessibility is the law. Losing focus and not advancing quickly enough due to a lack of understanding or resources (something DEIA initiatives seek to address) does not excuse inaccessible digital content. Legal teams are already scouring the web, looking for targets for their next lawsuits.
Reputational Harm
Laws and regulations aside, consumers spend their money with their hearts as much as their wallets. The perceived ethics of a company often means the difference between a paying customer and scorn. Digital accessibility is not a controversial topic in most circles and should not be feared due to widespread consumer backlash. On the other hand, being seen as indifferent or purposely exclusionary to the disabled community could negatively impact an organization’s reputation and impact the bottom line.
User Experience Degradation
Accessible design practices often improve the overall user experience, not just for people with disabilities. Furthermore, current search engine optimization (SEO) standards reward highly accessible websites with better search rankings.
What Can We Do?
The point of this article is not to weigh in on the entire politically-motivated DEIA debate. The fact of the matter is digital accessibility is not something that should be impacted by politics. It is simply the right thing to do. (Bonus: it’s also good for business and prevents you from getting sued!) However, without leadership or focus, like so many other issues we face as businesses or society at large, this will not receive the attention it deserves, hindering meaningful improvement. Even assuming the powers that be eventually recognize that accessibility is not a political football and should not be included in the debate, accessibility issues arising due to delays and lack of policy-backed initiatives will be borne on the backs of the disabled.
Administrations will come and go, each trying to earn votes by whatever means necessary. What is undone this year may be redone in 4 years, and so on and so on. In the meantime, do not forget about digital accessibility or let politics distract you from doing what's right. Whether it’s your website, intranet, app, etc. a healthy and evolving strategy for improved digital accessibility is a goal worthy of time and effort from any organization.
References:
DEI
https://en.wikipedia.org/wiki/Diversity,_equity,_and_inclusion
Section 508
https://www.section508.gov/blog/strengthening-digital-accessibility/
Obama era DEI initiatives
https://www.federalregister.gov/documents/2011/08/23/2011-21704/establishing-a-coordinated-government-wide-initiative-to-promote-diversity-and-inclusion-in-the
Biden era DEI initiatives
https://www.federalregister.gov/documents/2021/06/30/2021-14127/diversity-equity-inclusion-and-accessibility-in-the-federal-workforce
Trump DEI executive order
https://www.whitehouse.gov/presidential-actions/2025/01/ending-radical-and-wasteful-government-dei-programs-and-preferencing
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