Source: United States Department of Justice Criminal Division
Technology is growing ever more indispensable to many aspects of modern life. Consequently, ensuring that technology does not create new barriers for people with disabilities, and that disabled people can fully access and benefit from technology, is becoming increasingly important to securing the promise of equal opportunity under the Americans with Disabilities Act (ADA). This includes the technologies deployed by employers, state and local government services such as public schools, voting systems and public transit systems, and places of public accommodation such as doctors’ offices and private colleges. As the ADA reaches its 34th anniversary this month, the Justice Department’s Civil Rights Division and the Equal Employment Opportunity Commission (EEOC) are working closely with one another to prioritize issues of technological equity, inclusion and accessibility through a multi-pronged approach.
Our agencies have engaged in rulemaking as well as enforcement in this area. Earlier this year, the department finalized regulations on Accessibility of Web Information and Services of State and Local Government Entities, establishing a technical standard for accessibility of web content and mobile apps provided or made available by entities covered by Title II of the ADA. And the Justice Department recently reached agreements under Title II of the ADA to ensure that four counties in Texas have accessible election websites and that an Oklahoma state agency’s mobile applications are accessible to people with disabilities. Employers (covered by Title I of the ADA) and places of public accommodation (covered by Title III of the ADA) also have to make information they present online accessible to people with disabilities, including people who use assistive technology. For example, the department recently reached a settlement with a health clinic in Springfield, Illinois, under which the clinic agreed to make its website, patient portal and mobile applications accessible to people with disabilities, as required by Title III of the ADA. And employers who do not allow disabled people to use assistive technology (whether provided by the employer or someone else) that they need to apply for a job, perform a job or enjoy equal terms, conditions or privileges of employment, even if the employer must consider making other modifications to workplace systems to accommodate that assistive technology, may face legal action, as evidenced by two recent lawsuits filed by the EEOC in Maryland and North Carolina.
When applied to technology, the ADA’s equal-opportunity mandate goes beyond making sure that information provided through electronic means is as readily accessible to people with disabilities as it is to those without disabilities. It also means making sure that software and other information technology deployed by employers to aid in the hiring process or to monitor and rate employee performance does not screen out qualified applicants or employees with disabilities or otherwise discriminate against them in violation of Title I of the ADA. The EEOC and Justice Department have both recently published technical assistance documents explaining how some of these popular software tools, such as interview chatbots, keystroke trackers and algorithms that analyze voice patterns, personality traits or work history, can disadvantage disabled people, and how employers can take proactive steps to guard against such algorithmic discrimination. The EEOC has also published an ASL video on this topic, as well as a list of tips for employees and applicants.
Technology continues to evolve at the speed of human ingenuity, which means that the broad antidiscrimination mandates of the ADA must continually be applied to new situations. Fortunately, technology offers many innovative tools that can make life more accessible and eliminate barriers to equal opportunity. Some of these technological tools are described in the EEOC’s recent technical assistance documents regarding the rights of people with hearing and visual disabilities in the workplace, and further information about assistive technology and other accommodations in the workplace is available through the Job Accommodation Network. But where technology risks creating or perpetuating barriers rather than removing them, the EEOC and the Justice Department stand ready to use the legal tools at our disposal to defend and advance the rights of people with disabilities in the digital age.