Web Accessibility

Legislation in New York

See how your website stacks up compared to web accessibility legislation in New York.

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Illustration of the profile of the state of New York with accessibility and compliance graphics

An Overview of Legislation in New York

New York State’s Accessibility Policy, NYS P08-005, is a hybrid of Section 508 and the Web Content Accessibility Guidelines (WCAG). It establishes basic accessibility requirements for web based information and applications maintained or used by State Entities (SE). Updated every 2 years, the policy requires all SE to offer content in multiple formats for ease of use, use consistent navigation and layout to ensure consistency, and include text that outlines the purpose of visual content.

Disclaimer

The information in this article is made available by Acquia Inc. and/or its subsidiaries and affiliates and is for informational purposes only so as to provide its customers with a general understanding of current legal developments. It should not be construed as providing specific legal advice, and you acknowledge that no attorney/client relationship exists between you or any third party and Acquia Inc. and/or its subsidiaries and affiliates. This article should not be used as a substitute for competent legal advice from a licensed lawyer in your jurisdiction.

What You Need To Know About Web Accessibility in New York


  • What is NYS P08-005?

    NYS P08-005 is a New York State Policy that aims to encourage a more inclusive state workforce and increase the availability of governmental services to all members of the public. The policy establishes minimum accessibility requirements for web-based information and applications developed, procured, maintained or used by state entities.

    The policy is based on Section 508 and the Web Content Accessibility Guidelines (‘‘WCAG’’) 2.0 A and AA guidelines.

  • Are there any other requirements related to NYS P08-005?

    In October 2010, NY State issued a revised web accessibility policy that requires compliance with Section 508 Subpart B, section 1194.22 and Subpart C, section 1194.31.

  • Who does NYS P08-005 apply to?

    NYS P08-005 applies to all internal or external web content and functionality developed, maintained or offered by ‘‘state entities’’ (SE), including employees and and all third parties that use or access any IT resource for which the SE has administrative responsibility.

  • What are the penalties for non-conformance?

    Non-compliance with Section 508 can result in fines of $55,000-$150,000 and loss of federal funding.

A Few Landmark Website Accessibility Cases in New York

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United States

Insomnia Cookies

A class action lawsuit against Insomnia Cookies was filed on June 19, 2022 in a New York federal court, alleging violations of the ADA.

More on the Case

United States

Talbots

The retail company has been accused of failing to maintain an accessible website by discriminating against visually impaired and blind visitors, in violation of the ADA.

More on the Case

United States

Marriott International

A recent class action lawsuit alleges that Marriott’s website is not fully accessible and contains “thousands of access barriers” for consumers with visual impairments.

More on the Case

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