Updated 8/27/2024
While many organizations are tempted to use accessibility overlay tools as a quick fix to meet compliance requirements, these solutions often fall short of delivering true digital accessibility. Their inability to fully conform to accessibility standards and potential privacy risks underscores the need for comprehensive, source-level remediation efforts.
What Is an Accessibility Overlay?
Accessibility overlays are automated tools designed to address web accessibility issues by modifying a website’s code with a snippet of JavaScript. Custom overlays, while tailored to a specific site, still do not change the underlying code.
These tools typically come as toolbars, plugins, apps, or widgets and offer a range of user-controlled adjustments to accommodate different user needs and preferences.
Many overlays claim to work in the background, requiring no attention from website owners while directly fixing accessibility problems. These claims are not sustainable.
How Do Overlays Work?
Some accessibility overlays utilize AI (Artificial Intelligence) automation and machine learning to identify and, in some cases, fix digital accessibility barriers. This real-time analysis helps detect issues like missing alt text and heading tag problems, and some overlays can even recommend or execute code-level remediations.
Not all accessibility overlays use AI, however. Some overlays focus on letting the user customize their experience to suit their accessibility needs without using AI.
For users, all overlays are designed to address accessibility issues by modifying the appearance or functionality of web pages. They offer features like:
- Text-to-Speech: Reading out content for users with visual impairments.
- Font and Color Adjustments: Allowing users to customize text size and color contrast.
- Automatic Repairs: Attempting to fix code-level issues in real-time as the page loads.
Why Are Overlays Popular?
Overlays may appear appealing to organizations looking for an inexpensive and rapid fix to avoid legal issues. These tools, often marketed as one-click, conformance-guaranteed solutions, are easy to deploy—sometimes requiring just a snippet of JavaScript code.
However, as with many ‘too good to be true’ offers, overlays often fail to provide the comprehensive accessibility needed to meet ADA standards, potentially leaving organizations exposed to legal risks.
While there is a valid role for overlays that help identify issues and bring them to the attention of site owners and developers, the problems arise with ‘quick-fix, no-effort’ overlays that promise conformance without meaningful improvements.
WCAG Conformance and Privacy Concerns
Overlays may cover some surface-level accessibility issues but fail to address fundamental problems in the website’s source code. This limitation can lead to legal risks, as many organizations have faced lawsuits despite using overlay tools. According to Seyfarth Shaw LLP, in 2022, there were 3,225 general website accessibility lawsuits filed in 2022 – a 12% increase over 2021.
While one report cited by Forbes claims there were 414 overlay or active widget lawsuits alone filed against companies by June 2023. This is compared to 313 overlay lawsuits filed in the previous year.
WCAG Conformance Issues
While overlays might resolve simple accessibility issues, they struggle with more complex aspects of the Web Content Accessibility Guidelines (WCAG). Problems like missing headings, improper alt text, and unclear link text require a deeper, more nuanced approach that overlays cannot provide.
Privacy Risks
Overlays can inadvertently compromise user privacy by tracking and storing personal data, such as the use of assistive technologies, without explicit user consent. This can lead to non-compliance with privacy regulations, like the General Data Protection Regulation (GDPR) and California Consumer Privacy Act (CCPA).
Barriers to Inclusivity
While overlays may offer some improvements, their practical benefits are often overstated. Users with disabilities typically have existing tools and settings on their devices that fulfill these needs. Overlays might not provide meaningful enhancements and can even introduce added barriers to these tools.
Often, overlays require activation via a button or toolbar that may not be easily accessible. Additionally, some overlays override users’ specific assistive technologies, such as screen readers, rather than adapting to their customized settings. This can hinder the user experience and create more barriers for those relying on these tools.
Impact on Website Performance
Overlay tools can affect website performance, as they are hosted on third-party servers. If the overlay script is slow, it can affect load times and overall site speed — these are important for user satisfaction and search engine rankings. Even custom overlays are prone to issues during site maintenance and may be blocked by ad blockers.
Automated repairs applied by overlays are unreliable. Issues such as text alternatives for images, field labels, error management, keyboard access, and content changes driven by modern JavaScript frameworks are often inadequately addressed.
Organizations are encouraged to prioritize direct accessibility improvements and avoid relying on overlays that promise immediate compliance but do not address underlying issues effectively.
Additional Overlay Frequently Asked Questions (FAQs)
Are Accessibility Overlays Beneficial?
Overlays might be beneficial in finding surface-level issues and bringing them to the attention of site owners and developers, but they should not be relied upon as the sole solution for achieving true accessibility and conformance.
Could I Face an Accessibility Overlay Lawsuit?
Often marketed as quick fixes to make websites compliant with the Americans with Disabilities Act (ADA) and conformant with WCAG, overlays can indeed increase the risk of your company being sued.
Many digital accessibility experts agree that overlay vendors’ claims were exaggerated and often unsustainable. In fact, almost 800 professionals signed the Overlay Fact Sheet, registering their disapproval of these claims.
When using an overlay provider, you should carefully vet all consultants and other accessibility solutions. Outside legal counsel experienced in digital accessibility can often add immense value to these efforts and engagements.
Are Accessibility Overlays Worth It?
Accessibility overlays are generally not considered a worthwhile long-term solution. While they may offer some immediate benefits, they do not address the comprehensive needs of digital accessibility and can expose companies to significant legal risks.
Website owners often rely on overlay vendors to be accurate and truthful in their claims, yet many vendors overstate the effectiveness of their products, leaving companies vulnerable to nonconformance and litigation.
Instead, a more robust approach involving manual audits, proper development practices, and ongoing user testing with people with disabilities is recommended to achieve true accessibility.
The Value of Comprehensive Accessibility Audits
To truly make your website accessible, a comprehensive accessibility audit is essential. Relying solely on automated approaches, like overlays, is insufficient because they typically find only 30%-50% of accessibility issues and do not ensure full compliance or conformance.
Unlike these limited solutions, manual audits can check against the full range of WCAG guidelines, finding both obvious and subtle issues. This thorough analysis allows for targeted remediation, addressing specific barriers and creating a genuinely inclusive experience for all users.
Investing in a thorough accessibility audit, rather than relying on overlays, ensures that your website meets legal requirements and provides an accessible and inclusive experience.
For more reliable and effective accessibility solutions, partner with TPGi. Our expertise in accessibility audit services helps you address complex issues and enhance your digital presence, making it accessible for everyone. Contact us to learn more.