Equal Accessibility LLC

Equal Accessibility LLC

Overlays vs. Inclusive Design: Avoiding Legal Risks and User Frustration

Illustration of a computer screen showing an accessibility overlay on top of it

What is an Accessibility Overlay?

An accessibility overlay is a third-party tool or software that adds a layer of code on top of a website to try and improve its accessibility features. These overlays typically offer options like text resizing, color contrast adjustments, screen reader compatibility, and keyboard navigation improvements. They work by automatically detecting accessibility issues on a website and providing quick fixes or adjustments, often through a user-friendly toolbar or menu. The goal of an accessibility overlay is to make websites more accessible to people with various needs without requiring changes to the underlying website code.

Why They Hurt, More Than Help

Accessibility overlays have gained attention as a potential quick fix for website accessibility, but they come with significant drawbacks that can actually harm user experience and increase legal risks. Despite claims of instant compliance, these tools fail to address underlying accessibility issues and can interfere with assistive technologies. Large companies considering accessibility solutions should be aware that overlays do not protect against lawsuits and may even increase the likelihood of legal action. In fact, 30% of digital accessibility lawsuits in 2023 involved websites using overlays. Instead of relying on these problematic tools, businesses are better served by investing in proper, built-in accessibility measures that provide a better experience for all users and reduce legal vulnerabilities.

Legal Risks of Overlays

Despite claims from overlay vendors, using an accessibility overlay does not protect companies from lawsuits. In fact, legal risks have increased significantly for websites employing these tools:

  • Lawsuits against sites with overlays rose 60% in 2023 compared to 2022
  • 30% of all digital accessibility lawsuits in 2023 involved websites using overlays
  • Many lawsuits now specifically cite the overlay itself as an accessibility barrier
  • A notable case involved Eyebobs, an online retailer sued despite using an AccessiBe overlay, resulting in a settlement requiring comprehensive accessibility improvements

These statistics highlight that overlays not only fail to provide legal protection but may actually increase litigation risks for companies.

Core Accessibility Issues Ignored

Accessibility overlays fail to address fundamental accessibility problems in a website’s design and code. These tools can only detect and address 20-30% of accessibility issues, leaving 70-80% of problems unresolved. Critical issues that overlays cannot fix include:

  • Unlabeled or mislabeled form fields
  • Improper heading structure
  • Missing alternative text for images
  • Keyboard navigation issues
  • Lack of closed captions for multimedia content
  • Parsing errors
  • Ambiguous link text

By relying on overlays, companies create a false sense of compliance while neglecting essential accessibility improvements. This approach not only fails to meet legal requirements but also perpetuates barriers for users with disabilities.

User Experience Challenges

Users with disabilities often find accessibility overlays frustrating and unhelpful, creating additional barriers rather than improving access. Many disabled individuals actively block overlay scripts, defeating their intended purpose. These tools typically require activation to work, meaning users may not be aware of their existence or how to use them effectively. Additionally, overlays can override users’ existing assistive technologies and browser settings, forcing them to learn yet another accessibility tool just to engage with a single website’s content. This approach contradicts the principle of universal design and can significantly degrade the user experience for those who rely on assistive technologies.

Privacy and Performance Concerns

Privacy concerns arise from overlays potentially collecting data about users with disabilities, compromising their anonymity online. Additionally, these tools can negatively impact website performance by adding scripts that slow down loading times and affect overall speed. The increased load may harm search engine rankings, as site performance is a factor in SEO. Users with older devices or slower internet connections may find websites with overlays particularly challenging to navigate, potentially rendering them unusable.

Conclusion: Why Accessibility Overlays Aren’t the Solution

While accessibility overlays may seem like a quick and easy fix for making your website accessible, they fall short in addressing the deeper issues. These tools can leave critical gaps in accessibility, interfere with assistive technologies, and even increase legal risks for businesses. True accessibility requires thoughtful design and development that prioritizes the user experience for everyone, not just a surface-level patch. Investing in built-in accessibility solutions is the best way to create a website that’s inclusive, user-friendly, and legally compliant—providing a better experience for all visitors.

Get Expert Help to Make Your Website Truly Accessible

To ensure your business is truly accessible to everyone, it’s important to go beyond quick fixes like overlays and invest in proper, built-in accessibility solutions. At Equal Accessibility, we specialize in helping businesses create inclusive, compliant websites that provide a seamless experience for all users. From comprehensive accessibility audits to strategic design recommendations, we’re here to guide you every step of the way. Contact us today to learn how we can help your business not only meet accessibility standards but also foster a more inclusive digital environment for everyone.

Author Ryan Hudson-Peralta
Ryan Hudson-Peralta
Father, Husband, Advocate, and Founder of Equal Accessibility

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