Frequently Asked Questions

This content was adopted by UW-Madison with permission.

Table of Contents

What is a program, service or activity?

Any function offered by the university, from in-person and online courses to training, theater performances, research and sporting events. All events the university operates or contracts to another entity to operate are a university program, service or activity.

Do I need to fix everything right now?

No. Start with new content and high-use materials. Focus on steady, meaningful progress. Review Recommended Actions & How to Prioritize for guidance on prioritization.

Can I wait until the Accessibility Resource Center tells me that I have a disabled student in my class?

No. The new ADA rule requires all digital content to be accessible, ensuring disabled individuals have seamless access on par with their nondisabled peers.

Do students and student organizations have to follow this rule?

This rule does not apply to students but may apply to student organizations when the specific event aligns with the university’s mission or  directly receives university funding.

Examples of content that the rule does apply to include:

  • Information hosted on  university digital resources.
  • Information posted to university operated tools, such as kiosks and department’s social media accounts.
  • Services, programs, or activities for which the university sponsors the event or provides financial support.

Faculty and instructors may require students to create accessible content as part of their course requirement.

Students who create digital content as employees of the university as part of their job duties must follow the rule.

Can I use inaccessible content since I don’t know how to make it accessible?

No. The lack of technical knowledge or skills is not an acceptable reason to use inaccessible content. Creating content comes with the obligation of ensuring it is accessible to disabled individuals. Accessibility is a civil right and everyone’s shared responsibility.

Universities of Wisconsin provides several training opportunities, including self-paced LinkedIn Learning sessions. UWM digital accessibility guides provide information that can help people learn how to create accessible content and test their own content for accessibility.

My web page links to a third-party website. Does that website need to be accessible?

  • If the linked content is information needed to apply to, participate in, or benefit from a program, service, or activity, then the linked content must be accessible. 
  • If the linked content is provided for convenience, but is not necessary to apply to, participate in or benefit from a program, service or activity, then it does not need to be accessible. For example, providing a list of restaurants near a university venue. Each restaurant’s website does not need to be accessible.

Do my emails need to be accessible?

Yes. Email is considered a digital tool and it must be accessible. Even if you know the recipient can access inaccessible email content, it can be forwarded to other individuals who may have a disability. Also, the recipient of the email may have a non-apparent disability and use an accessibility feature, such as increasing screen size.

Use the accessibility checker within your email client. The university’s email application, Outlook, has an  accessibility checker.

How can I check if my digital content is accessible?

The university has access to a variety of tools that can support an accessibility assessment. Checklists and testing tips for documents and web content are in the UWM digital accessibility guides.

My department manages restricted or password-protected intranet web content. Does it need to be accessible?

Yes. Whether web content is public facing or not, it is still digital content and must be accessible.

The intent of the rule is to allow disabled individuals to seamlessly access content. Accessible design allows any current individual, future hired employees, or admitted students to access the content without needing reasonable accommodation.

My department uses highly specialized technical systems. Do these systems need to be accessible?

Whether university-created or purchased from a vendor, such as a networking application database or architecture drafting software, all university digital tools and electronic resources must be accessible. This is a federal legal mandate and civil rights requirement.

My unit has inaccessible PDFs on UWM’s website and we plan to create alternate, accessible versions in another file format. Can we have both files on the website?

No, unless technological or legal limitations prevent making the PDFs accessible. If the PDFs cannot be remediated, then a second, conforming alternate version of the content (such as a web page) must be created. A link to the accessible version must be provided from the inaccessible PDFs. 

The ADA is an inclusion law. The new rule does not support “separate but equal” in which inaccessible content is not remediated and a secondary, accessible version is provided. Historically, the secondary accessible version is not kept up to date and contains less or incorrect information that negatively impacts disabled individuals.

If a password is required, is the digital content exempt from accessibility requirements?

No. Only  individualized password protected conventional electronic documents are exempt.

Does the new rule also apply to hardware?

No. It applies only to software. The software within the hardware needs to be accessible. 

The ADA Accessibility Standards have requirements for some specific hardware devices, such as automated teller and fare machines (ATMs). 

It is important to know the ADA is a broad civil rights law. So, just because there isn’t a rule about hardware accessibility, the university is still obligated to develop or purchase hardware that is accessible to disabled individuals.

While the new rule doesn’t apply to digital displays, such as monitors that display room location and numbers, what guidance can I follow for the content displayed on the screen?

Content should generally follow WCAG 2.1 AA criteria where possible. Some examples include ensuring that colors meet minimum contrast ratios, limited use of animations, use of easily understood language, providing viewers with enough time to consume the information, and captions and audio descriptions for videos.

What happens if this rule is rescinded?

The ADA has always required digital tools and electronic resources to be accessible.

This new rule sets a clear technical standard that defines “accessible” in terms of technology. Thus, even if the new rule is rescinded, UW–Milwaukee, as a public university and state entity, must still ensure its digital tools and electronic resources are accessible. Previously issued federal guidance affirming the ADA’s position on digital accessibility includes the following: