ADA for Websites: Accessibility Checklist & Guidelines

The Americans with Disabilities Act (ADA) is a landmark civil rights law that protects individuals from disability-based discrimination. By mandating disability inclusion, the ADA empowers people with disabilities to challenge discrimination in employment, public services, and public spaces—including digital ones. While ADA requirements are legally binding, organizations often refer to ADA guidelines for websites to provide accessible online experiences.

Despite 75% of individuals with disabilities in the U.S. being regular internet users, many websites are still hard—or impossible—for members of the disability community to use.

In this blog, we’ll dive into the scope of the ADA and the ADA compliance requirements for digital experiences. We’ll also discuss how following digital accessibility guidelines can help ensure your website and apps meet these requirements and are usable for everyone, including people with disabilities.

How many sections are in the ADA?

To fully understand the ADA’s digital accessibility requirements, it’s important to first recognize the law’s scope.

The ADA is organized into five sections called titles, each outlining requirements for different types of organizations:

Title I: Employment

Applies to: Employers with 15 or more employees, including state / local governments, employment agencies, and labor unions.

Requirements: Employers are required to provide equal opportunities to people with disabilities across all employment-related activities. Individuals with disabilities must have equitable access to hiring, promotions, training, and employment benefits.

Title II: Public services (state and local government)

Applies to: All services, programs, and activities of state and local governments, including public transit systems.

Requirements: State and local governments must offer people with disabilities an equal opportunity to benefit from all their provisions, including the use of public transit systems. While Section 504 of the Rehabilitation Act of 1973 first prohibited disability-based discrimination by state and local governments, Title II of the ADA expands on the rules in Section 504.

Title III: Businesses open to the public and private-sector services

Applies to: Places of “public accommodations.” This is a broad term that encompasses privately-owned businesses and other organizations that provide goods or services to the public. Examples of entities covered by Title III include hotels, restaurants, and theaters, as well as privately operated transit services. Importantly, the U.S. Department of Justice (DOJ) has repeatedly clarified that the websites of private businesses are considered “public accommodations.”

Requirements: Businesses and other entities covered by Title III must remove barriers to physical access and effective communication for people with disabilities whenever possible. They must also ensure that any new accommodations aimed at better serving individuals with disabilities comply with ADA accessibility standards.

Title IV: Telecommunications

Applies to: Telecommunication companies

Requirements: Providers of telephone and television services need to ensure these services are accessible for people with hearing and speech disabilities, allowing individuals to access modern communications across digital, broadband, and mobile innovations.

Title V: Miscellaneous Provisions

Applies to: Contains various provisions that apply across all other titles.

Requirements: Title V is primarily focused on prohibiting retaliation against, and coercion of, individuals who exercise their rights under the ADA. This means that no one can be punished, threatened, or discriminated against for asserting their right to accessibility and equal treatment.

The ADA and digital accessibility: Title III and Title II

Now that we’ve covered the five titles of the ADA, let’s explore how they apply to digital accessibility: the practice of making websites, mobile apps, and other online content accessible to individuals with disabilities. Two sections of the ADA, Title III and Title II, are critical in extending the ADA’s protections to digital spaces.

ADA Title III: Defining “public accommodations” in the digital age

As we’ve established, Title III applies to “public accommodations.” And much confusion surrounding ADA compliance and digital accessibility in the private sector has stemmed from a limited understanding of what, exactly, “public accommodations” include.

Traditionally, the phrase “public accommodations” was interpreted as referring only to physical places of business, such as restaurants, hotels, and retail stores. However, as technology has evolved, courts and regulatory bodies have consistently upheld that digital experiences offering goods or services to the public—such as e-commerce platforms, banking apps, and commercial websites—also fall under the scope of Title III.

ADA Title II: The DOJ’s new rule

Title II, which covers state and local government services, has clearer digital accessibility requirements than Title III. On April 24, 2024, the U.S. Department of Justice (DOJ) published a final rule under Title II that sets specific technical standards for web and mobile app accessibility.

This rule reflects the DOJ’s ongoing efforts to clarify how the ADA applies to the digital world, providing direction for state and local governments to make their web content accessible and compliant.

Neglecting to meet these requirements can have significant consequences.

What happens if your web content is not ADA compliant?

Limited awareness of the ADA’s application to digital accessibility has led to legal challenges for businesses of all types, with many facing lawsuits and penalties for failing to meet accessibility standards. In particular, violations of Title III of the ADA by private organizations have prompted rampant legal action.

These lawsuits can do significant reputational damage, tarnishing a brand’s image and eroding customer trust. To avoid these challenges and ensure their websites are accessible, organizations need a clear framework of best practices to guide them.

Understanding WCAG: The global standard for ADA website compliance

So, how can organizations meet the ADA’s requirements for website accessibility? The short answer is to conform with the Web Content Accessibility Guidelines (WCAG).

WCAG is recognized worldwide as the standard for website accessibility, offering a robust framework for creating websites, digital content, and applications that are accessible to users with a range of disabilities.

Under Title II of the ADA, state and local government websites and mobile applications must comply with WCAG 2.1 Level AA accessibility standards by April 24, 2026. Smaller government entities serving fewer than 50,000 residents are granted an additional year: their compliance deadline is April 24, 2027.

Although Title III of the ADA does not specify technical accessibility standards for websites, the DOJ has repeatedly referenced WCAG as the benchmark for compliance in its enforcement actions.

These globally accepted digital accessibility guidelines not only offer organizations a roadmap for achieving ADA compliance, but also for ensuring all users have equal access to online experiences.

ADA website compliance checklist: Key considerations

Let’s run through a short checklist of accessibility considerations to be aware of as you start working to achieve ADA compliance for websites:

1. Keyboard navigation: Ensure all website functions are accessible via keyboard, allowing users to tab through links, buttons, and forms smoothly.

2. Alt text for images: Use concise, meaningful alt text for images to describe visual elements, benefiting screen reader users and those with limited internet bandwidth or who choose to disable images.

3. Video captions: Provide closed captions for videos to make audio content accessible to users who are deaf or hard-of-hearing, or anyone in a sound-sensitive setting.

4. Color contrast: Ensure sufficient contrast between text and background for readability, especially for users with low vision or color blindness.

5. Screen reader compatibility: Structure content with proper headings, lists, and landmarks so screen reader users can easily interpret and navigate the website.

6. Accessible forms: Forms need clear labels and should be fully keyboard-navigable, as well as compatible with screen readers.

Meet your website accessibility and ADA compliance goals

As digital accessibility standards continue to evolve, ongoing support is essential for ADA compliance. With over 25 years of experience, Level Access has empowered thousands of organizations in achieving, and maintaining, compliance with the ADA and other global accessibility laws. Our web accessibility tools and services will equip your team to stay ahead of regulatory changes, minimizing legal risks and enhancing user experience for all.

To learn more about our comprehensive approach to digital accessibility and compliance, contact our team today.

FAQ

What are ADA accessibility standards?

The ADA Accessibility Standards are regulations that set minimum requirements for accessible design to ensure facilities are usable by individuals with disabilities. Both the Department of Justice (DOJ) and the Department of Transportation (DOT) developed these standards based on the 2004 ADA Accessibility Guidelines, each adding specific requirements for the facilities they regulate.

Are the ADA guidelines for websites mandatory regulations or just recommendations?

The ADA Title II requirements for website accessibility are legally enforceable regulations, which mandate that websites must be accessible to individuals with disabilities to comply with federal law. The Web Content Accessibility Guidelines (WCAG), which are sometimes referred to as the “ADA guidelines for websites,” are not a law—however, conforming with these guidelines is required for ADA Title II compliance and a best practice for ADA Title III compliance.

Are ADA compliance rules the same as legal regulations?

While the terms “rules” and “regulations” are sometimes used interchangeably, they have distinct meanings in a legal context. Regulations are legally binding directives issued by government agencies under the authority granted by legislation. They have the force of law and must be followed. Rules can be broader and may refer to guidelines or procedures set by organizations, which might not carry legal obligations. In the case of the ADA, the accessibility requirements are considered regulations because they are enforceable under federal law, making them mandatory rather than optional guidelines.