Late in January, the US Justice Department finalized a settlement agreement with Service Oklahoma, a state agency tasked with coordinating government services, in response to findings that the agency had violated Title II of the Americans with Disabilities Act (ADA). The violation was associated with Service Oklahoma’s maintenance of a mobile application inaccessible to visually impaired individuals. This move is significant, considering the increasing reliance of state, county, and municipal governments on digital tools, particularly mobile apps, to deliver public services. The settlement could serve as a precedent for how information is inclusively disseminated to communities and increase demand for ADA web compliance services.
This settlement is related to the Civil Rights Division’s Tech Equity Initiative, aimed at combating technology-based disability discrimination. The investigation by the Justice Department was prompted by a complaint from a blind Oklahoma resident, who alleged that the Oklahoma Mobile ID Application, managed by Service Oklahoma, presented significant barriers for individuals with vision disabilities. In November 2023, the department issued a letter of findings, stating that the app presented people with visual impairments with major accessibility challenges.
According to USJD, Service Oklahoma’s ADA violation was twofold: the agency denied individuals with disabilities equal access to the app while also failing to ensure equally effective communication with them.
As a key part of the settlement, Service Oklahoma has committed to making any mobile app it creates, administers, or maintains accessible to people with disabilities. The agency will adhere to the Web Content Accessibility Guidelines (WCAG), Version 2.1, Level AA – widely recognized industry guidelines for web content accessibility.
In addition to conforming to accessibility guidelines, Service Oklahoma will implement various corrective measures as part of the agreement. The agency will actively seek accessibility feedback and public requests and will appoint an ADA coordinator. Service Oklahoma will also conduct employee ADA training and regularly report to the Justice Department on its progress ensuring digital accessibility. Review the settlement agreement in its entirety, here.
This settlement establishes a framework for addressing technological discrimination against individuals with disabilities. As governments across the nation embrace digital tools, cases like this are likely to occur more frequently. The accessibility specialists at Niki Jones Agency, Inc. have provided ADA web compliance services to countless clients. Learn how they can help your organization, here.