On November 21, 2022, the Department of Justice (DOJ) announced a proposed consent decree with the University of California (UC), Berkeley, addressing alleged violations of Title II of the Americans with Disabilities Act (ADA).A consent decree is a legal agreement to resolve a dispute without the admission of guilt or liability.UC Berkeley maintains an online library with thousands of hours of content that includes videos, podcasts, and free online courses. However, the Justice Department alleged that many of those materials weren’t accessible for people with disabilities — and under the Biden administration, the DOJ has stepped up enforcement of alleged ADA web accessibility violations.“By entering into this consent decree, UC Berkeley will make its content accessible to the many people with disabilities who want to participate in and access the same online educational opportunities provided to people without disabilities,” Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division said in a press release.
The DOJ cited missing alternative text, captions, and transcripts as major issues while also noting that some of the university’s content was “formatted in a way that does not allow individuals with disabilities to access the content using screen readers or other assistive technology.”Importantly, the alleged violations are not restricted to UC Berkeley’s official website. The DOJ’s press release notes that the consent decree — which requires court approval — will apply to all of the institution’s content, regardless of where that content is hosted.The three-and-a-half-year long agreement will apply to:
- All courses hosted on UC BerkeleyX, the university’s online learning platform.
- Video and podcast content, including media posted to YouTube, Apple Podcasts, and other third-party platforms.
- All UC Berkeley conferences, lectures, sporting events, and other events available to the public through the university’s website and other platforms.
UC Berkeley has also agreed to revise its policies, train personnel, designate a web accessibility coordinator, and hire independent auditors to evaluate the accessibility of its online content.
Más información en Berkeley (Finally) Agrees to Make Online Content Accessible.