7 days FREE Trial Unlimited pageviews & user session for all plans
Website ADA compliance
Website ADA compliance ensures that a website is accessible to individuals with disabilities, as mandated by the Americans with Disabilities Act (ADA). This civil rights law prohibits discrimination and requires equal access to public resources, including digital platforms. At EqualWeb, we specialize in helping websites meet ADA compliance standards, making online information and services accessible to everyone.
ADA compliance: A deep dive into section 508 and section 504
Join us as we explore the critical aspects of ADA Compliance, focusing on Section 508 and Section 504. In this episode, we explain the differences between these key regulations, their role in ensuring digital accessibility, and how they apply to businesses and organizations. Learn what steps are necessary to meet these standards, how they protect against legal risks, and why creating accessible digital experiences is essential for compliance and inclusivity.
What is the ADA?
The Americans with Disabilities Act (ADA) is landmark legislation that prohibits discrimination against individuals with disabilities, aiming to facilitate equality in all areas of public life.
This includes the Internet, as enterprises with websites are compelled to “open their doors” to the large portion of impaired persons. The code of regulations was enacted into U.S. law in 1990 by President George H. W. Bush.
The ADA was the direct result of years of effort of the disability civil rights community. Its legal framework can be traced back to Section 504 of the 1973 Rehabilitation Act, prohibiting discrimination of disabled recipients of federal funds.
It also builds on the 1964 Civil Rights Bill to widen non-discriminatory laws and compensate impaired individuals who face inaccessible goods, services, employment opportunities, or public accommodations and activities.
What Do You Need to Know About Website ADA Compliance?
Although the Americans with Disabilities Act (ADA) originally focused on physical spaces when enacted, its principles of accessibility extend to digital environments like websites. Federal courts have increasingly upheld this inclusive interpretation, making it clear that businesses and organizations must ensure their websites are accessible to individuals with disabilities.
This shift has led to a significant rise in digital accessibility lawsuits and private settlements, highlighting the importance of proactive website ADA compliance. The bottom line: to be ADA compliant, public and private enterprises need to make their websites accessible, enabling people with disabilities to access products and services with ease, just like anyone else.
Now that you understand the basics of website ADA compliance, you may be wondering if it applies to you. ADA requirements apply to state and local government agencies, private businesses with 15 or more employees, and any organization offering public services or products through their website. If your website is a primary touchpoint for users, meeting ADA standards is essential to ensure accessibility for all visitors.
Is ADA compliance mandatory for websites?
It’s important to note that ADA requirements for websites aren’t yet 100% defined under federal law. However, as more states enact their own accessibility laws and digital accessibility lawsuits rise, compliance is becoming increasingly critical. Without clear regulations, companies—including small and mid-size businesses—could face legal risks if their websites aren’t accessible. To minimize this risk, the best standard to follow is the WCAG 2.1 Level AA guidelines, which we’ll cover in more detail below.
Why is ADA Title III Relevant to Website Compliance?
Title III of the Americans with Disabilities Act (ADA) prohibits discrimination based on disability in places of public accommodation, which originally referred to physical spaces. However, the Department of Justice (DOJ) has interpreted Title III to apply to websites of public accommodations, emphasizing that online services should be accessible to individuals with disabilities.
In recent guidance, the DOJ reaffirmed that the ADA's requirements extend to web accessibility, stating that businesses open to the public must ensure their websites are accessible. Although the DOJ has not set specific web accessibility regulations, it recommends following the Web Content Accessibility Guidelines (WCAG) as a reliable resource for meeting accessibility standards.
With the DOJ's stance and the growing number of web accessibility lawsuits, it's advisable for businesses to proactively ensure their websites are accessible to mitigate legal risks and promote inclusivity.
ADA history: Websites integrated with brick-and-mortar stores
Suit claims filed in federal courts have grown exponentially since 2018, with 10,982 ADA Title III cases filed in 2020. The trend only continued to grow in early 2021 (according to a Seyfarth report).
The precedent for web accessibility-related claims was set in 2006 with National Federation of Blind v. Target Corp., 452 F. Supp. 2d 946 (N.D. Cal. 2006). The plaintiff sued national retail chain Target for not providing accessibility on its website to the blind.
The case tested Title III of the ADA, as Target argued that it applies to physical spaces only. But the Superior Court of California disagreed. It held that there was a sufficient “nexus” (a connection linking two or more things) between Target’s physical and online services. The court concluded that many of the website benefits were services “heavily integrated with the brick-and-mortar stores” and therefore should be accessible as required by Title III.
Target and the National Federation of the Blind struck a civil action settlement in August 2008.
In the years to follow, this ruling expanded in its interpretations as more companies learned that while the ADA does not stipulate specific web accessibility standards, courts have ruled that the responsibility rests on them to provide access to the disabled, frequently referring to the independent Web Content Accessibility Guidelines (WCAG) as the conforming standard of ADA compliance.
ADA compliance for Title I & Title II
Title I
Title I of the ADA prohibits discrimination against qualified individuals with disabilities in employment practices, applying to organizations with 15 or more employees, including state and local governments. Although web accessibility lawsuits under Title I are currently limited, organizations are encouraged to ensure their employment-related digital resources, such as websites and job applications, are accessible.
Title II
Title II of the ADA requires state and local government services to be accessible to individuals with disabilities. Based on Section 504 of the Rehabilitation Act of 1973, this title mandates that government websites and online services be accessible to all citizens. The aim is to ensure that public sector digital assets are inclusive and usable for individuals with disabilities, supporting equal access to information and services.
How do I know if my website is ADA compliant?
There is no guaranteed legal test to determine absolute ADA compliance for your website. The ADA regulations themselves are broad and do not provide specific technical requirements.
However, testing or assessing your website is the first step to knowing if you’re on the right track for ADA compliance. We will discuss this in further detail below, but WCAG conformance, particularly Level AA of the Web Content Accessibility Guidelines (WCAG) set by the World Wide Web Consortium (W3C), is the best guideline for testing a website for ADA compliance.
What is the ADA Compliance Standard for Websites?
ADA Title III doesn’t specify exact web accessibility standards, but the Department of Justice (DOJ) provides guidance. Currently, websites are encouraged to follow two key resources:
Section 508 Standards: An update to the Rehabilitation Act of 1973, Section 508 sets guidelines for accessible digital content in federal agencies, referencing the more comprehensive WCAG.
Web Content Accessibility Guidelines (WCAG): Developed by the World Wide Web Consortium (W3C), WCAG serves as the industry standard for website accessibility.
For ADA compliance, WCAG 2.0 Level AA is widely accepted as the benchmark, but adopting WCAG 2.2 Level AA enhances accessibility and strengthens liability protection.
How to test your website for ADA compliance?
Testing your website for ADA compliance is essential to ensure it meets WCAG standards. Online tools are widely available to check for common accessibility issues, such as missing alt text or low color contrast. While useful for a quick overview, these tools typically assess one page at a time and may overlook some issues.
For a thorough evaluation, EqualWeb’s Monitor or Crawler software can scan your entire website, including protected pages, providing a comprehensive report. Alternatively, a manual audit by a web accessibility expert offers an in-depth assessment but can be costly.
EqualWeb combines automated (AI-powered) accessibility testing with expert manual audits to provide a cost-effective, comprehensive solution for WCAG 2.0 Level AA compliance. Engaging users with disabilities in testing also adds valuable insights, ensuring a fully accessible experience. Visit our web accessibility auditing page for more details.
How to achieve ADA compliance for your website?
Navigating ADA compliance for websites can be complex, but EqualWeb’s expertise in web accessibility and legal compliance makes it easy. EqualWeb offers leading website accessibility solutions designed for businesses of all sizes, including nonprofits, helping you (a) make your website accessible to individuals with disabilities and (b) achieve full legal compliance.
EqualWeb’s cutting-edge AI tool seamlessly integrates into any website, providing an easy-to-use platform that ensures compliance with accessibility standards while enhancing the user experience. Our solution supports your business in meeting ADA requirements with automated accessibility adjustments and customizable features.
We also provide an Accessibility Statement and Certificate of Performance to further reduce legal risks. With EqualWeb, your website is guaranteed to be ADA-compliant, accessible, and inclusive for all.
WCAG conformance is ADA compliance
As previously mentioned, the Americans with Disabilities Act (ADA) lacks specific technical requirements for website accessibility, leaving room for interpretation. However, the Web Content Accessibility Guidelines (WCAG) have emerged as the primary reference point for achieving accessibility within the framework of the ADA. Conformance with WCAG, particularly at Level AA, carries weight in legal contexts, providing evidence of a sincere effort toward inclusivity and defense against potential lawsuits. Furthermore, adhering to WCAG aligns with global standards, ensuring that websites meet best practices and offer an inclusive user experience.
Embracing WCAG principles addresses the core needs of users with disabilities, emphasizing Perceptibility, Operability, Understandability, and Robustness (POUR). This approach mitigates legal risks associated with accessibility lawsuits. Analogous to building codes for physical structures, the ADA mandates equal access without prescribing every technical detail, leaving WCAG to serve as the specific technical guidelines. Therefore, striving for WCAG conformance isn’t merely about legal compliance but about fostering usability and inclusivity for all website visitors.
EqualWeb provides ADA compliance
The nuts and bolts of ADA compliance can be overwhelming. This is where the expertise of EqualWeb in the web accessibility and legal compliance fields becomes invaluable.
EqualWeb offers the best accessibility solutions in the market, tailored to small, medium and large businesses, including non-profit organizations, which will (a) open your goods and services to large swathes of the disabled population and (b) provide you with full legal compliance.
With a focus on making design decisions and incorporating the latest technologies, Equalweb has created an automated AI tool that allows for seamless integration into any website. This solution is designed as an easy-to-use platform that helps organizations and businesses meet government regulations while providing customers with an excellent user experience.
Our customers receive an Accessibility Statement and a Certificate of Performance as well, mitigating liability. EqualWeb guarantees ADA compliance.
