While many are familiar with how the Americans with Disabilities Act (ADA) applies to physical access to public spaces, far fewer organizations are aware of—and prepared to comply with—its impact to the digital world. In fact, a lack of ADA website compliance is grounds for thousands of web accessibility lawsuits filed each year. In the wake of a new rule under Title II of the ADA that sets WCAG 2.1 AA as the standard for evaluating whether state and local governments meet ADA requirements for websites, 2024 litigation trends demonstrate that no sector or industry is immune from the legal consequences of noncompliance.
Ensuring your organization has an ADA compliant website—as well as other digital assets—not only mitigates your risk of lawsuit, but also enhances your brand image and can help you reach a broader network of customers. So, how can you understand whether your website is meeting ADA guidelines, and how can you start bringing your digital assets into compliance? In this piece, we’ll explore ADA standards for websites, which organizations are required to comply with the ADA, and how compliance benefits businesses. We’ll also provide some quick tips for getting started bringing your site into compliance with the law.
What are the ADA requirements for website accessibility?
Since the ADA was enacted in 1990, before the internet was widely used, the original law did not explicitly mention digital experiences. However, the U.S. Department of Justice (DOJ) has clarified that both Title II and Title III of the ADA apply to websites and other digital assets. Time and again, U.S. courts at both the state and federal level have supported this opinion, repeatedly ruling that an inaccessible website is a violation of the ADA.
When it comes to specific requirements, the DOJ has cited conformance with the Web Content Accessibility Guidelines (WCAG) as the benchmark for ADA website compliance. WCAG is a set of technical standards that, when applied, make online content accessible for all users, including people with disabilities who use assistive technologies (AT). These standards help website owners remove common accessibility barriers, including:
- Poor color contrast
- Non-descriptive hyperlinks
- Missing page headings
- Illegible text resizing
- Poor keyboard access
Beyond the ADA, WCAG is consistently referenced as the global gold standard for digital accessibility. Conform with WCAG, and your website is following best practices for compliance with Section 508 of the Rehabilitation Act of 1973, the Accessibility for Ontarians with Disabilities Act (AODA), the European Accessibility Act (EAA), and other U.S. and international laws.
ADA guidelines apply to both public and private organizations.
Most web accessibility lawsuits in the U.S. reference Title III of the ADA, which applies broadly to any organization in the U.S. that provides a place of “public accommodations.” These lawsuits typically cite accessibility issues on the websites of private-sector businesses. However, public-sector organizations have their own legal obligations regarding digital accessibility. Title II of the ADA includes accessibility requirements for state and local governments, and federal agencies must ensure their digital technology conforms with WCAG under Section 508.
An ADA compliant website brings significant benefits to your business.
While the legal risk of noncompliance is often the first concern for businesses getting started on their accessibility journey, providing an inclusive web experience has numerous benefits for organizations. Below, we’ve outlined some of the key business advantages of ADA website compliance.
- Enhancing brand reputation: Accessibility boosts brand reputation by helping reduce barriers for consumers and demonstrating a commitment to inclusivity. An investment in digital accessibility—by way of an ADA compliant website and other digital assets—is a way of showing consumers that your organization is dedicated to meeting the needs of diverse stakeholders.
- Driving innovation:Â When products and services incorporate accessibility features, they often solve unanticipated problems and lead to more innovative solutions. For example, thinking about accessible design forces designers to ideate different ways for users to interact with a site. This is beneficial for people with and without disabilities.
- Expanding market share: There are more than one billion people around the world living with a disability, which may impact how they interact with and navigate online content. And that number will only grow as the population ages. Additionally, in the U.S. alone, working-aged adults with disabilities control around $490 billion in disposable income annually. By creating accessible digital experiences, organizations can capture this valuable market.
How to get started bringing your website into compliance with the ADA
Now that you understand the value and impact of bringing your organization in line with ADA guidelines, you may be wondering where and how to start. We recommend the following best practices to kickstart your accessibility efforts:
- Hire a reputable independent third party to manually audit your website at regularly scheduled intervals.
- Ensure the audit includes user flow testing performed by professionals, including individuals with disabilities.
- Utilize automated scans to continually monitor your website for accessibility issues that could prevent you from achieving ADA website compliance.
- Incorporate mandatory web accessibility training for all individuals who contribute to your digital operations.
- Invite feedback from users and provide customer assistance for individuals with disabilities.
- Form a web accessibility committee and appoint a coordinator to that committee.
- Adopt an internal digital accessibility policy indicating the specific standards your organization will meet, the processes in place for ensuring conformance with these standards, and the individuals responsible for enforcing these processes.
- Publish an outward-facing accessibility statement communicating your ongoing commitment to digital accessibility, and the steps you’re taking to uphold this commitment.
An innovative solution for ADA website compliance
At first, meeting the ADA’s web accessibility requirements can feel complicated—but you don’t have to do it alone. With over two decades of experience, Level Access has helped hundreds of organizations, across industries, achieve and sustain compliance with the ADA and other global accessibility laws. Our tailored approach combines a unified platform with a wide range of services that scale with your organization’s needs, equipping you with the technology and expert support you need to reach your accessibility goals.
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