ADA Title II (Public Sector)
In April 2024, the Department of Justice (DOJ) finalized new regulations under Title II of the Americans with Disabilities Act (ADA), mandating that state and local governments make their digital services accessible. The rule adopts the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA as the standard for compliance. It applies to websites, mobile apps, and digital content provided by these entities and their vendors. Larger governments serving over 50,000 people must comply by April 27, 2026, while smaller jurisdictions have until April 26, 2027. Compliance includes developing and maintaining an accessibility policy, responding to requests, and ensuring staff training.
ADA Title III (Private Sector)
Title III of the Americans with Disabilities Act (ADA) requires businesses classified as places of public accommodation—such as retail stores, restaurants, banks, and healthcare providers—to provide equal access to individuals with disabilities. While the ADA does not explicitly reference websites, the Department of Justice (DOJ) and courts have consistently applied the law to digital properties, requiring businesses to ensure their websites and mobile apps are accessible. Courts often consider WCAG 2.1 Level AA the expected standard for compliance, though no formal DOJ regulation mandates it. Many cases result in settlements, as businesses face legal risks and costs when accessibility barriers persist.
Section 508 of the Rehabilitation Act
Section 508 requires federal agencies and their contractors to ensure their websites, digital services, and information and communication technology (ICT) are accessible to individuals with disabilities. This law aligns with WCAG 2.0 Level AA. It applies to government agencies, federally funded programs, and private vendors doing business with the federal government. Noncompliance can result in enforcement actions, funding restrictions, and reputational damage.While Section 508 applies to federal agencies, Section 504 of the Rehabilitation Act requires federally funded organizations, such as public schools, universities, and healthcare providers, to ensure accessibility to their digital services.
The Air Carrier Access Act (ACAA)
The Air Carrier Access Act (ACAA) prohibits discrimination against individuals with disabilities in air travel, including digital services. The U.S. Department of Transportation (DOT) requires airlines to ensure their websites meet WCAG 2.0 Level AA standards, making it easier for passengers with disabilities to book flights, check-in, and access travel information online. Additionally, airlines must make a portion of their airport self-service kiosks accessible. Failure to comply can result in DOT enforcement actions, fines, and reputational harm, making accessibility an essential component of airline operations.
New York's Digital Accessibility Laws
In 2023 and 2024, plaintiffs have increasingly filed digital accessibility lawsuits in New York state courts, leveraging the broader protections and potential for monetary damages under the New York State Human Rights Law (NYSHRL) and the New York City Human Rights Law (NYCHRL). This shift is partly due to federal courts in New York requiring more specific allegations from plaintiffs, leading to a rise in state-level filings. While neither law explicitly mandates WCAG compliance, courts have increasingly recognized digital accessibility as a legal requirement. Noncompliance can result in legal action, fines, and required remediation.
California's Unruh Civil Rights Act
The California Unruh Civil Rights Act prohibits discrimination in public accommodations, including digital spaces. Unlike federal ADA Title III claims, which often require a physical nexus, any ADA violation automatically constitutes a violation of the Unruh Act in California. This difference has led to increased state-level lawsuits, as California courts tend to impose stricter accessibility requirements. Businesses that fail to provide accessible digital experiences risk statutory damages of $4,000 per violation, attorney fees, and expensive remediation efforts.
Why Accessibility Compliance Matters
Digital accessibility demonstrates inclusivity and enhances experiences for everyone. ADA compliance is increasingly vital in the United States as the reliance on digital grows and becomes more connected with the physical world. Lawsuits targeting inaccessible websites and apps have surged, with over 4,000 cases filed annually. These legal challenges highlight the importance of addressing accessibility barriers, which, if left unresolved, can lead to reputational damage and financial penalties.Proactively embracing accessibility allows organizations to foster trust, expand their audience, align with their core values of equity and inclusion, and reduce legal risk.
