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ADA Compliance for Small Businesses
The Americans with Disabilities Act (ADA), established in 1992, introduced essential standards for ensuring accessibility for individuals with disabilities. While Titles I and II address workplace accessibility and government services, Title III is crucial for small businesses, as it mandates that all customer-facing spaces—including websites—be accessible to everyone.
Under Title III, small businesses must ensure that their websites are accessible to users with disabilities. This includes providing text descriptions for images, ensuring keyboard navigation, and making content compatible with screen readers. In today’s digital-first environment, ADA compliance on websites is no longer optional; it’s a requirement for engaging all users and meeting legal standards.
By aligning your website with ADA standards, your business not only complies with Title III but also opens its doors to a broader audience, demonstrates social responsibility, and strengthens its reputation in the market. ADA-compliant websites are a proactive way to support inclusivity while reducing the risk of legal challenges.
All small businesses, regardless of size, must comply with Title III of the ADA. Although Title I exempts businesses with less than 15 employees from compliance, this is irrelevant to Title III.
According to Title III, all businesses must remediate their facilities so that individuals with impairments can access their accommodations just like everyone else.
Does ADA Compliance Apply to My Small Business Website?
In response to the growing number of ADA-related lawsuits over website noncompliance, Senator Chuck Grassley wrote to then-Attorney General Jeff Sessions in 2018, seeking clarification on whether the ADA extends to websites.
On September 25, 2018, Assistant Attorney General Stephen E. Boyd confirmed that ADA compliance does indeed apply to websites categorized as public accommodations. “[The DOJ’s] interpretation is consistent with the ADA’s Title III requirement that the goods, services, privileges, or activities provided by places of public accommodation be equally accessible to people with disabilities,” Boyd stated.
For small businesses, this means that websites must meet accessibility standards to provide an inclusive online experience for all customers, regardless of disabilities.
Web Accessibility & Tax Benefits
Small businesses that offer public accommodations are required to make their websites accessible under Title III of the ADA, regardless of their number of employees. This ensures that all customers, including those with disabilities, have equal access to online goods and services.
Additionally, Title I requires small businesses with 15 or more employees to make reasonable accommodations in recruitment and work processes for employees with disabilities. These adjustments should be in line with the company’s available resources, ensuring accessibility within the workplace.
For more details on ADA compliance and web accessibility requirements, visit our ADA Compliance page.
