Recent Executive Orders on DEI Do Not Change Digital Accessibility Requirements

Recent announcements from the U.S. presidential administration signal a shift in the federal government’s priorities. These changes have prompted questions about how digital accessibility programs across the public and private sectors may be affected.

In this post, we’ll review recent developments, discuss their impact on digital accessibility, and explain why the case for digital accessibility is stronger than ever in 2025. Here’s a quick summary of what we’ll cover:

• Digital accessibility programs are not the target of recent executive orders: The current administration has clarified that executive orders closing diversity, equity, and inclusion (DEI) departments in federal agencies do not directly impact digital accessibility initiatives.
• The U.S. legislative framework for digital accessibility remains unchanged: Recent actions by the current administration do not change existing accessibility regulations, including the 2024 rulemaking under Title II of the Americans with Disabilities Act (ADA), or organizations’ obligations to comply with these regulations.
• The business case for digital accessibility is getting stronger: Amid intensifying private litigation, a growing market demand, and tightening global laws, digital accessibility is even more critical to business’ success in 2025.

Understanding the U.S. administration’s shifting priorities

In recent weeks, the new U.S. presidential administration has announced several new priorities and initiatives. One change that has garnered significant press and interest is the discontinuation of DEI departments within federal agencies.

Because some of the orders and guidance around these closures referenced “diversity, equity, inclusion, and accessibility (DEIA)” departments, there has been concern that digital accessibility programs would be affected. However, closer analysis makes clear that digital accessibility initiatives are not directly impacted.

In fact, guidance from the Chief Human Capital Officers Council (CHCOC) explains that the term “DEIA” was used in recent orders only because it was the official name given to DEI programs by the previous presidential administration. The CHCOC specifically states that “agencies should not terminate or prohibit accessibility or disability-related accommodations, assistance, or other programs” required by the Rehabilitation Act of 1973 (which includes Section 508) and other laws.

“Agencies should…rescind policies and practices that are contrary to the Civil Rights Act of 1964 and the Rehabilitation Act of 1973. But agencies should not terminate or prohibit accessibility or disability-related accommodations, assistance, or other programs that are required by those or related laws.”

– U.S. Chief Human Capital Officers Council (CHCOC), Further Guidance Regarding Ending DEIA Offices, Programs, and Initiatives

Further, while several DEI office pages have been removed from federal government websites, sites dedicated to federal accessibility laws—such as Section508.gov and ADA.gov—are still active, a signal that compliance with these laws remains imperative under the current administration.

The U.S. legislative framework for digital accessibility remains unchanged.

As the CHCOC’s guidance clarifies, recent orders do not change longstanding accessibility laws, such as the ADA—including the Department of Justice’s (DOJ) recent Title II rule on web and mobile accessibility—and the Rehabilitation Act of 1973. They also do not change state anti-discrimination laws, such as the California Unruh Civil Rights Act and New York State Human Rights Law.

Litigation frameworks will remain consistent across sectors:

Private sector

In the private sector, most digital accessibility lawsuits are filed under Title III of the ADA. These lawsuits are overwhelmingly brought by individuals and organizations, not federal regulatory authorities, meaning the federal administration’s priorities have little bearing on business’ legal risk. In fact, the number of Title III web accessibility lawsuits filed in federal court surged under the last Trump administration, skyrocketing from 814 in 2017 to 2,523 in 2020.

State and local government

Last year, the DOJ provided an updated rule under Title II, impacting state and local governments. However, even this new rule is expected to be supported through private enforcement. Guidance from the DOJ states that individuals do not need to file complaints with any federal agency prior to taking non-compliant organizations to court. That means Title II entities, including cities, states, and public universities, who fail to meet the compliance deadline should brace for lawsuits from private citizens and organizations.

“Title II may…be enforced through private lawsuits in Federal Court. It is not necessary to file a complaint with the Department of Justice (DOJ) or any other Federal agency, or to receive a ‘right to sue’ letter, before going to court.”
-U.S. Department of Justice (DOJ), Guide to Disability Rights Laws

Federal government

The current administration has made clear that federal agencies must continue to uphold their obligations under Section 508 of the Rehabilitation Act of 1973, which remains in full force as per the CHCOC’s guidance.

The business case for digital accessibility is getting stronger.

The business case for digital accessibility is only strengthening amid widespread private litigation and tightening global regulations.

ADA web accessibility lawsuits are widespread.

Title III web accessibility lawsuits have become increasingly widespread in recent years, with nearly 2,800 cases filed in federal courts in 2023. And as the 2026 deadline for compliance with the DOJ’s new Title II rule approaches, state and local government organizations risk facing a tide of private legal action if they neglect to provide accessible digital experiences.

EAA compliance is essential for serving EU consumers.

U.S. businesses with an international presence should note that digital accessibility will soon be a requirement for operating in the European market. The European Accessibility Act (EAA) applies to any organization that sells covered products and services (including e-commerce and banking) to consumers in the European Union (EU), regardless of where the organization is located. EAA enforcement begins in June 2025, and businesses that do not meet the law’s digital accessibility requirements may incur steep fines and sanctions.

Consumer demand for accessibility remains high.

Finally, there remains a tremendous market demand for accessible products and services. By prioritizing digital accessibility, consumer brands can reach the estimated 20% of the global population that lives with some type of disability. This segment has substantial purchasing power: In the U.S. alone, working-aged adults with disabilities control $490 billion in annual disposable income. Accessible digital experiences allow organizations to tap into this revenue opportunity by providing every customer, regardless of disability, with a barrier-free journey to purchase.

Accessibility closes B2B and B2G deals.

Accessibility will also continue to be a strategic priority for business-to-business (B2B) and business-to-government (B2G) product vendors. Because laws like the ADA and Section 508 remain in full force, organizations bound by these laws will consistently require proof of product accessibility from vendors as part of the request-for-proposal (RFP) process. And B2B and B2G companies that can meet these buyers’ accessibility requirements will unlock valuable market share.

Navigating the future of digital accessibility

The U.S. government’s priorities change with every new administration. Since our founding, Level Access has operated under six different U.S. administrations. During this time, the need for accessible digital experiences has consistently grown. As the market demand for accessible products remains strong, and litigation shows no signs of slowing, investing in digital accessibility is more critical than ever to organizations’ success.

If you have questions about how to launch, or sustain, an effective accessibility practice in the current landscape, our team is ready to offer support. Engage with an expert to get the clarity you need to move forward.