August 30, 2024
As Executive Director, you are undoubtedly committed to serving your community and fulfilling your mission. However, in our increasingly digital world, ensuring that your organization’s electronic and information technology (EIT) is accessible to everyone, including individuals with disabilities, is not just good practice—it’s a legal requirement. The Voluntary Product Accessibility Template (VPAT) is a crucial tool that can help you meet these legal obligations and protect your organization from potential risks. In this article, we will explore why understanding and using a VPAT is essential for legal compliance and how it can benefit nonprofits throughout Western Washington.
VPAT stands for Voluntary Product Accessibility Template.
In the United States, two primary legal frameworks govern digital accessibility: Section 508 of the Rehabilitation Act and the Americans with Disabilities Act (ADA). These laws are designed to ensure that all individuals, regardless of their abilities, have equal access to digital information and services.
1. Section 508 Compliance
Section 508 mandates that federal agencies and organizations receiving federal funding must ensure that their electronic and information technology is accessible to individuals with disabilities. Although this requirement directly applies to federal entities, many nonprofits, especially those partnering with or receiving grants from federal agencies, are indirectly bound by these standards. Ensuring Section 508 compliance is crucial for nonprofits in Western Washington that rely on federal funding, as non-compliance could result in funding denials or legal challenges.
2. Americans with Disabilities Act (ADA)
While Section 508 focuses on federal agencies, the ADA has broader implications. The ADA prohibits discrimination based on disability in various public domains, including digital spaces. Recent legal cases have highlighted that websites, mobile apps, and other digital tools are considered public accommodations under the ADA. This means nonprofits must ensure that their digital platforms are accessible to avoid potential lawsuits. For Executive Directors in Western Washington, understanding these legal contexts is critical to protecting their organizations from costly legal disputes and reputational damage.
The Voluntary Product Accessibility Template (VPAT) is a standardized document that helps organizations evaluate and disclose the accessibility of their products or services. By detailing how a product or service meets the accessibility criteria of Section 508 and other standards like the Web Content Accessibility Guidelines (WCAG), the VPAT serves as both a compliance tool and a communication method. It allows nonprofits to demonstrate their commitment to accessibility, making it easier for them to secure partnerships, funding, and community support.
1. Mitigating Legal Risks
One of the most compelling reasons to use a VPAT is to mitigate legal risks. Nonprofits that fail to comply with accessibility standards can face lawsuits under the ADA. In recent years, there has been a surge in digital accessibility lawsuits, with plaintiffs claiming that inaccessible websites and digital services discriminate against individuals with disabilities. By using a VPAT, Executive Directors can proactively identify and address accessibility issues, significantly reducing the likelihood of legal challenges.
2. Maintaining Funding and Partnerships
For many nonprofits, federal funding is a vital resource. Adhering to Section 508 standards is often a prerequisite for receiving such funds. Completing a VPAT helps demonstrate compliance, making it easier for nonprofits to maintain and secure federal funding. Additionally, many corporate partners and grant-making foundations prioritize accessibility when selecting organizations to support. A VPAT can serve as a clear indication of your commitment to inclusivity, making your organization a more attractive partner.
3. Upholding the Organization’s Reputation
Nonprofits are held to high ethical standards by their communities, supporters, and partners. Ensuring that your organization’s digital presence is accessible is not only legally required but also aligns with the values of equity and inclusion. A VPAT provides transparency about your organization’s accessibility efforts, building trust and credibility with your stakeholders. By demonstrating a commitment to accessibility, you reinforce your nonprofit's reputation as a responsible and inclusive organization.
1. Conducting a Self-Evaluation
Start by evaluating your existing digital platforms and services using both automated tools and manual testing methods. A thorough assessment will help you understand where your organization stands in terms of accessibility. Engage with accessibility experts who can provide insights into how to make your digital content more inclusive.
2. Completing the VPAT
Once you have assessed your digital tools, use the VPAT to document your findings. The VPAT requires detailed responses to various accessibility criteria, including descriptions of how your products or services meet or do not meet specific standards. Honesty and accuracy are crucial when filling out a VPAT. Inaccurate reporting can lead to compliance issues and undermine trust with your stakeholders.
3. Regularly Updating the VPAT
Accessibility is an ongoing process, not a one-time task. As technology evolves and new digital tools are developed, your organization’s accessibility needs may change. Regularly updating your VPAT ensures that you stay compliant with the latest standards and continue to meet the needs of your users. Make it a priority to revisit your VPAT at least annually or whenever you make significant changes to your digital platforms.
