Digital Accessibility Laws in the United States

Common Challenges to Digital Accessibility Compliance in the United States

While the DOJ and courts agree that the ADA applies to websites and mobile apps, businesses covered under Title III are not given clear guidelines on how to comply. This lack of clarity has fueled lawsuits, with cases filed federally under the ADA and in state courts under New York's Human Rights Law and California's Unruh Act.

Compliance is clearer for Title II entities. In April 2024, the DOJ finalized a rule requiring state and local governments to meet WCAG 2.1 Level AA standards for websites and mobile apps. However, for private businesses, the absence of explicit technical standards continues to create legal uncertainty.

Another challenge is maintaining long-term compliance. Websites and mobile apps constantly evolve, and new content, design updates, and features can introduce accessibility issues. Without regular testing, monitoring, and remediation, even businesses that start compliant can quickly fall out of compliance.