Web content and other technology fall short of accessibility standards.
California law currently mandates that public websites and other government technology be accessible to people with disabilities.[52] However, disabled individuals in California still lack equal access to most websites and governmental technology. This is due to several factors, including the increasing trend of outsourcing governmental functions to private technology vendors. Many website and software developers are not being held accountable to clear web accessibility standards and procurement requirements. Recent litigation illustrates the problem. STATE OF CALIFORNIA, ex rel. BASHIN v. Conduent, Inc., revealed that private party web developers overpromised the accessibility of the Department of Park’s $66 million procurement of an outsourced reservation website operated by private parties.[53] Fowler v. PSI Services, LLC, involved the Department of Insurance outsourcing the administration and development of its online license exams to a private vendor that had allegedly not incorporated accessible design under the contract. [54] Moreover, according to the 2024 Web Accessibility In Mind Million Report, government websites had an average of 35.7 digital accessibility errors based on the Web Content Accessibility Guidelines.[55] Similar problems exist in the private market as traditional brick-and-mortar businesses conduct less technology development in-house and outsource the operation to technology platform developers. We call upon the state to ensure that the technology it procures, funds, uses, maintains, and/or develops is completely accessible to people with disabilities to bolster itself as a leader in digital access. Further, stricter monetary penalties and increased private enforcement against private contractors are necessary to keep pace with increasing privatized governmental technology operations.
[52] Cal. Gov. Code §§11135 & 7405; AB 434; Unruh Civil Rights Act; Disabled Persons Act.
[53] Case No. RG18888208 (settled in 2023)
[54] Case No: 21CV000126 (settled in 2024)