Department of Justice Issues Rulemaking Notice on Mandatory Website Accessibility for the Disabled

Website accessibility is important for nonprofit or nongovernmental organizations.  In the United States, our Americans with Disabilities Act (ADA) requires that all governmental or private entities that open their doors to the public be accessible, and that includes their websites.  However, the notion of accessibility should be an important subject for nonprofits throughout the world.  According to the New York based Disabled in Action, 18% of people have a disability with 12% reporting a severe disability.  Internet accessibility is especially important to those who have visual or auditory disabilities.  And this becomes even more critical as populations age.  So while this article from the law firm Venable is United States centric, I hope it gives our international readers ideas for making their online presence even more friendly to disabled populations.  Bunnie

Department of Justice Issues Rulemaking Notice on Mandatory Website Accessibility for the Disabled
by George W. Johnston, James Edward Fagan, III and
Jeffrey S. Tenenbaum

The United States Department of Justice (DOJ) recently reiterated its intent to enforce website accessibility standards under the Americans with Disabilities Act (ADA). The DOJ is focusing on ensuring that covered entities provide ready access for the disabled to their websites. In short, the ADA accessibility rules cover any entities (governmental or private) that open their doors to the public, including nonprofit organizations, places of lodging, retailers, restaurants, medical facilities, banks, local governments, and schools, among others. Any nonprofit with a public website is directly affected by theses accessibility rules. The DOJ has consistently maintained the position that websites operated by covered entities are “public accommodations,” and recent court decisions have supported this view. The courts have reasoned that websites serve as extensions of, and invitations to, the physical structures that serve as more traditional public accommodations.
and Jeffrey S. Tenenbaum

 The DOJ has issued an Advance Notice of Proposed Rulemaking (ANPRM) for public accommodation websites and has promised increased enforcement and heightened scrutiny of public and private websites. Through the public comment process, the DOJ seeks input on such matters as barriers to website accessibility, coverage limitations of the ADA, cost of compliance on small organizations and the need for increased DOJ enforcement. While the DOJ will solicit comments over the next several months before it issues final regulations, now is the time for entities covered by the upcoming rules to address any accessibility issues on their websites.

Nonprofit organizations should review their website content and design for accessibility by individuals with disabilities, including visual, motor and cognitive impairments. For example, web designers should be employed to provide text descriptions for visual content that is compatible with assistive technology (braille and screen readers) used by the blind. Web design should be consistent and easy to navigate, and all video and audio should be captioned and should minimize the use of color cues. Online recruitment and hiring capabilities should conform to all ADA standards as well.

In addition, website content should include a full description of how your organization provides full access to the disabled at its physical locations. Architectural and engineering compliance should be fully explained and all online purchasing opportunities should be available to persons with disabilities. Any barriers to, or limitations upon, accessibility should be fully disclosed. For example, a travel industry association should consider counseling its members to provide informative descriptions of access limitations for all facilities it recommends to the public. Similarly, retail industry associations should describe best practices to its member stores that regularly host the public.

Failure to comply with the new regulations may leave a covered entity exposed to damages and other compliance measures initiated by the DOJ, as well as lawsuits by individuals under the ADA. Venable attorneys will be monitoring DOJ’s rulemaking, as well as legal developments in the legislative and judicial arenas.

Brainshark Awards Technology Grants to Six Outstanding Non-Profits as Part of the Company’s Non-Profit Program

It's always great when business teams up with nonprofit and I especially love it when business steps up to the plate and provides grants, especially technology grants.  Additionally, while the nonprofit community is often slower to adopt newer technology than the business community, so much can be gained by nonprofits modeling their business counterparts.  See how six nonprofits will be using technology to enhance their worthy missions.  Maybe some good ideas for you and your organization?  Bunnie

Brainshark Awards Technology Grants to Six Outstanding Non-Profits as Part of the Company’s Non-Profit Program

The Leukemia & Lymphoma Society, DAMMAD, FSG Social Impact Advisors, Hope Foundation, Road Runners Club of America and Summer Advantage USA Use Brainshark to Strengthen Training Programs and Promote Their Missions

Brainshark, Inc., the leader in on-demand multimedia for business, recently announced the six latest grant recipients in its Non-Profit Program. The Leukemia & Lymphoma Society (LLS); Dads and Mad Moms Against Drug Dealers (DAMMAD), Inc.; FSG Social Impact Advisors (FSG); the Hope Foundation’s eLearn initiative; Road Runners Club of America (RRCA) and Summer Advantage USA have received a free one-year Brainshark software license – letting them harness the benefits of on-demand multimedia to cost-effectively increase their reach and impact.

With Brainshark’s Web-based platform, organizations can communicate faster and more effectively than ever before, cutting training time in half and reducing the costs associated with previous communications methods – including face-to-face meetings and Web conferencing – by up to 90%. Through its Non-Profit Program, Brainshark awards one-year technology licenses on a quarterly basis. This enables non-profit organizations to use Brainshark’s enterprise-class solutions to create, edit and distribute high-impact, multimedia content – incorporating voice narration, video, survey questions and more – that can be viewed online, on demand. Using Brainshark’s tracking capabilities, these organizations also get deep visibility into the impact and effectiveness of their communications.

The latest grant recipients plan to use Brainshark as follows:

• The Leukemia & Lymphoma Society: LLS is the world’s largest voluntary health organization dedicated to funding blood cancer research and providing education and patient services. Its mission is to cure leukemia, lymphoma, Hodgkin’s disease and myeloma, and to improve the quality of life of patients and their families. The organization plans to use Brainshark’s audio and visual capabilities to deliver high-impact communications that galvanize potential partners and donors, help fund cancer research, and spread awareness of blood cancer and LLS’ mission. Brainshark will also be used to promote LLS’ “Light the Night” fundraising walk and its “Team in Training” charity sports training program.

• Dads and Mad Moms Against Drug Dealers: DAMMAD is an anti-drug organization committed to addressing drug trafficking, prescription drug abuse and illicit drug use in the state of New Hampshire. The organization plans to use Brainshark to educate students, parents and local communities on the dangers and consequences of drug abuse. DAMMAD has created the following Brainshark presentation to educate the community on the dangers of methamphetamine: http://www.brainshark.com/dammad/vu?pi=zHEzEHbboz1PaUz0 . Overall, this education and community awareness campaign will reach approximately 130,000 students and 891,000 residents across New Hampshire.

• FSG Social Impact Advisors: Through its work with leading foundations, corporations, governments and non-profits, FSG helps to accelerate social progress by advancing the practice of philanthropy and corporate social responsibility. The organization will use Brainshark to engage, educate, inform and motivate key influencers, funders, clients and other stakeholders. FSG also plans to use Brainshark to enhance and expedite the creation of professional development and training presentations. In addition, FSG will leverage on-demand presentations for marketing and training activities associated with its subsidiary division, Community Foundation Insights.

• Hope Foundation: The Hope Foundation’s eLearn initiative is working to alleviate poverty in rural and semi-urban districts in India by providing education and training to the local communities. The foundation plans to use Brainshark to provide on-the-job training to working adults across India so they can improve their employment prospects and obtain higher wage jobs. Brainshark will also be used to train the foundation’s 5,000 accredited partners – who are responsible for training approximately 100,000 adults enrolled in the program. To learn more about the program, view the following Brainshark presentation: http://www.brainshark.com/hopefoundation/vu?pi=zGuzbYUDFz1sBdz0 .

• Road Runners Club of America: The RRCA is the national association of running clubs, running events and runners whose mission is to represent and promote the sport of running through education, leadership, programs and other services. The RRCA has more than 1,100 running clubs and events annually, and represents more than 175,000 members. The organization plans to use Brainshark to develop and administer a comprehensive race director certification course, complete with testing. As part of these efforts, the RRCA will develop narrated Brainshark training modules, based on the book Organizing Running Events by Phil Stewart. The RRCA will also use Brainshark in its development of an online training course for adults interested in leading/coaching youth running programs and in the development of free orientation modules for volunteers. RCCA has created the following Brainshark presentation to educate certified coaches about the organization’s general and professional liability insurance program: http://www.brainshark.com/rrca/vu?pi=zGvzWM7NSz1sTqz0 .

• Summer Advantage USA: Summer Advantage USA provides rigorous academic programming and enrichment activities to children in grades K-8 during the summer months to prepare them for success in high school, college and beyond. Launched only a year ago, Summer Advantage USA is already serving more than 3,000 children in Indiana and is expanding its efforts across other states. The organization plans to use Brainshark to train thousands of educators – helping to reach its goal of serving more than 100,000 students during the next five years. Summer Advantage USA will also use Brainshark’s software to educate parents, school leaders, government officials and policymakers about its mission, results and partnership opportunities. For more information about the organization and its mission, view the following Brainshark presentation: http://www.brainshark.com/summeradvantageusa/vu?pi=36716846 .

“We’re excited to announce the next round of non-profit grant recipients and applaud their plans to implement far-reaching and well-thought-out communication campaigns,” said Brainshark CEO Joe Gustafson. “In providing access to an easy-to-use, compelling and trackable communication solution, we look forward to helping these organizations spread awareness of their missions among key constituencies and achieve their communications goals.”

In addition to awarding grants, the Brainshark Non-Profit Program also provides the Standard Edition of the Brainshark platform at a 40% discount for eligible non-profits. These include registered 501(c)(3) organizations (or their equivalent outside the U.S.). Other eligibility requirements apply. For more information, please view the following two-minute Brainshark presentation, which provides a program overview and a link to the grant application: http://www.brainshark.com/brainsharkinc/NPOGrant .

Interested non-profits can also take advantage of Brainshark’s free website, myBrainshark.com, which allows anyone to create multimedia presentations that are search-engine optimized and can be shared via e-mail or embedded within a website or blog.

About Brainshark, Inc.


Brainshark is the leader in on-demand multimedia for business, transforming static business content into high-impact communications. Delivered via Software-as-a-Service (SaaS), Brainshark enables audiences to access and engage with business content when and how they want. More than 1,200 companies – including a third of the Fortune 100 – rely on Brainshark software and services to help sales, marketing, training and HR experts cost-effectively deliver measurable results. In addition, organizations and individuals use the myBrainshark site to create, share and track multimedia presentations for free. For more information on these offerings, visit www.brainshark.com.