ADA and Digital Accessibility

The Americans with Disabilities Act (ADA), established in 1990, is a landmark civil rights law that prohibits discrimination based on disability in all areas of public life. This vital legislation ensures equal access for all, including people with disabilities (PWDs), to information, services, and products offered by businesses and public entities. Originally focused on physical accessibility (such as ramps, elevators, and signage), the ADA has evolved through interpretations by the Department of Justice (DOJ) and federal courts to include digital accessibility. This means that websites, mobile apps, and other online platforms are now recognized as critical services that must be accessible to everyone.

Here’s how the ADA applies to digital platforms:

1. Title II – Public Entities

Title II of the ADA applies to state and local government entities (e.g., public universities, city governments, transportation agencies). According to DOJ regulations, all websites operated by these entities must conform to WCAG 2.1 AA standards to ensure ADA compliance and avoid discrimination against users with disabilities.

2. Title III – Public Accommodations

Title III covers public-facing businesses like banks, real estate companies, restaurants, hotels, and e-commerce stores. Courts and the DOJ consider these businesses’ websites as extensions of their physical locations, qualifying them as places of public accommodation. Although Title III doesn’t explicitly prescribe technical standards, adherence to WCAG 2.1 AA is widely recognized as the gold standard for digital accessibility compliance.

3. Section 508 of the Rehabilitation Act

While not part of the ADA, Section 508 requires federal agencies to make their electronic and information technology accessible. This standard has set the precedent for digital accessibility and is often referenced by courts and advocacy groups when evaluating private and public sector compliance.

Why This Matters for Website Owners
Failing to meet ADA digital accessibility requirements can result in:

✅ Legal action under Title III or state disability rights laws

✅ Risk of lawsuits, including costly settlements or court-ordered remediation

✅ Damage to your brand’s reputation and exclusion of users with disabilities

Consequences of Non-Compliance
Failure to comply with ADA digital accessibility requirements can result in:
❌ Legal action under Title III or state disability laws
❌ Fines or penalties imposed by government agencies
❌ Temporary suspension or blocking of your website by court order or government action

Why Act Now?
We are here to help you resolve these issues before they escalate. By working with us, you can:
🔧 Bring your website into compliance
📝 Document your good-faith efforts to meet ADA requirements
🚫 Avoid costly penalties and reputational damage