Americans with Disabilities Act (ADA) Compliance

You’re probably at least somewhat familiar with the Americans with Disabilities Act (ADA), a landmark U.S. civil rights law that prohibits discrimination against people with disabilities. But did you know that ADA compliance isn’t just a mandate for physical spaces, like buildings? The ADA also has implications for the digital world.

If your organization doesn’t meet ADA accessibility guidelines, you may increase your risk of an accessibility-based lawsuit. Understanding ADA requirements for websites—as well as how courts have upheld those requirements—is vital to protect your organization.

The ADA was signed into law in 1990, before the internet went mainstream. As a result, the law itself didn’t include explicit language requiring web accessibility. However, in early 2024, the Department of Justice (DOJ) published a new rule under Title II of the ADA to help remedy this omission. This rule establishes WCAG 2.1 AA as the ADA standard for evaluating website compliance for state and local government entities.

Additionally, the DOJ has repeatedly reaffirmed its stance that Title III of the ADA, which prohibits discrimination in “places of public accommodations,” applies to websites and other digital assets. Courts have widely upheld this interpretation. For more information about how the ADA applies to digital accessibility, access our complete ADA compliance guide.

Many organizations may find it confusing to determine which of the five titles of the ADA apply to their businesses—and lack of understanding can expose an organization to increased legal risk. When it comes to digital accessibility, the most commonly referenced titles of the ADA are Title III and Title II.

Title III applies to public accommodations, including the websites and mobile apps of private business. Every year, thousands of private companies that operate inaccessible websites are sued under Title III for lack of ADA compliance. Consistent legal action related to digital accessibility continues to demonstrate that courts view private business’ websites and digital assets as sites of public accommodation which must be accessible to individuals with disabilities.

Meanwhile, Title II sets forth ADA accessibility guidelines for state and local governments, ensuring these organizations provide equitable access to public services and transportation.

Importantly, Title II applies to third-party content used in state and local government programs, so it doesn’t just impact the public sector. Private businesses that sell digital products to state and local government organizations—such as cities, states, public schools, and public healthcare providers—must ensure their products meet ADA requirements for websites, or they’re likely to miss out on sales opportunities and put existing contracts at risk.

To learn more about the new ADA Title II requirements, and how to meet them, visit our ADA Title II resource hub.

The best course of action to reduce your organization’s risk of a web-related ADA compliance lawsuit is to make sure your organization meets ADA accessibility guidelines. In practice, that means following the Web Content Accessibility Guidelines (WCAG).

WCAG is a set of technical standards that help make websites, mobile apps, and other online content accessible for people with disabilities. Developed by the World Wide Web Consortium (W3C), these guidelines form the global benchmark for evaluating digital accessibility.

Beyond being a best practice for ADA compliance, conforming with WCAG is required by many U.S. and international laws, including Section 508 of the Rehabilitation Act of 1973 and the Accessibility for Ontarians with Disabilities Act (AODA). Download our Must-Have WCAG Checklist for more guidance on bringing your digital assets into conformance with WCAG.

The primary risk of failing to meet ADA requirements for websites is a costly legal battle. And costs aside, legal action can tarnish a company’s public reputation. As customers become more critical of organizations’ values, savvy consumers take notice of brands that don’t prioritize the needs of every user. And they’re more likely to spend their money elsewhere, with brands that do.

One of the most notable cases concerning web accessibility and the ADA was a lawsuit against Domino’s, which made its way to the Supreme Court. A blind man sued Domino’s claiming neither its website nor its mobile app was accessible for him. The Supreme Court upheld the lower court’s decision that the ADA applies, and Domino’s eventually settled the case. Other high-profile ADA compliance cases around web accessibility have involved Hasbro, Fox News Network, and even Beyoncé Knowles.

Thousands of digital accessibility lawsuits are filed every year in the U.S., and tens of thousands of demand letters are issued. If your website doesn’t meet accessibility standards, and your company hasn’t yet received a legal complaint, it’s likely only a matter of time until you do. By taking action to ensure web accessibility, you can safeguard your brand from legal risks and demonstrate a commitment to inclusion.