Web Accessibility: Understanding The Ada Law

The Americans with Disabilities Act (ADA) was signed into law by George H.W. Bush on July 26, 1990. The ADA bans discrimination on the basis of public accommodation, public services, employment, transportation, and telecommunications. It was the first comprehensive declaration of equality for those with disabilities.

In 1996, the US Department of Justice ruled that the ADA applies to the internet, meaning website owners have a legal obligation to ensure these digital properties are accessible. However, despite this guidance, some US circuit courts still do not agree with this interpretation of the ADA.

In April 2024, the Federal Register published the Department of Justice's final rule updating its regulations for Title II of the ADA, which applies to state and local governments. The rule sets out specific requirements for making web content and mobile applications accessible to people with disabilities.

While the ADA has been in effect since 1990, the ongoing evolution of technology means that website compliance remains an ongoing process.

The ADA's evolution and the resulting legal environment

The Americans with Disabilities Act (ADA) was signed into law by President George H.W. Bush on July 26, 1990. It was the first comprehensive declaration of equality for those with disabilities, banning discrimination on the basis of public accommodation, public services, employment, transportation, and telecommunications.

The ADA's evolution:

In the years following the ADA's enactment, the internet became increasingly popular, creating a new frontier for disability rights: web accessibility. In 1996, the US Department of Justice (DOJ) ruled that the ADA applied to the internet, clarifying that websites could be considered "public accommodations" under Title III of the Act. This meant that website owners had a legal obligation to ensure digital accessibility for people with disabilities.

Despite the DOJ's guidance, some US circuit courts disagreed with this interpretation, leading to confusion and criticism from legislators regarding the lack of clarity on web accessibility in the ADA. This prompted the DOJ to reaffirm its position on web accessibility in 2018 and issue specific guidance in 2022.

In 2024, the DOJ issued final standards for ADA Title II compliance, which applies to state and local governments, clarifying that their websites, apps, kiosks, mobile apps, and digital content must adhere to Web Content Accessibility Guidelines (WCAG) 2.1 A and AA by 2026 for entities with a population over 50,000, and by 2027 for those under.

The resulting legal environment:

The evolution of the ADA and the DOJ's rulings have led to a new legal environment where website owners are increasingly held accountable for compliance. Legal actions arising from both legitimate plaintiffs and those seeking quick settlements have become more frequent, particularly in states like New York, California, and Florida. This trend underscores the importance of adhering to ADA website compliance standards to avoid legal risks.

The lack of clear federal regulations regarding website accessibility has resulted in a grey area, with some courts ruling that websites are places of public accommodation, while others conclude that websites are bound by regulations if there is a close "nexus" to a physical location. However, as more people rely on internet services, equal access online remains a significant concern in the US.

To ensure web accessibility, businesses and state and local governments have flexibility in how they comply with the ADA's general requirements. They can refer to existing technical standards, such as the WCAG and the Section 508 Standards, used by the federal government for its websites. By following these guidelines, organizations can enhance their website's search engine optimization (SEO) and improve the user experience for all visitors, not just those with disabilities.

While there is no current federal mandate for ADA compliance for websites, many states have adopted their own accessibility laws, and the number of accessibility-related lawsuits has skyrocketed. Organizations that fail to prioritize web accessibility not only face legal risks but also miss out on business opportunities and damage their brand reputation.

The benefits of web accessibility

The Americans with Disabilities Act (ADA) was signed into law by George H.W. Bush on July 26, 1990. It bans discrimination on the basis of public accommodation, public services, employment, transportation, and telecommunications.

Web accessibility is essential to ensure that people with disabilities can perceive, understand, navigate, and interact with the web. It also benefits people without disabilities, such as those using mobile phones, smartwatches, and other devices with small screens.

Better User Experience for All Visitors on All Devices

Ensuring web accessibility provides a better user experience for all visitors, regardless of their abilities or the devices they use. For example, using higher contrast ratios makes text easier to read, especially in bright environments, and larger buttons and navigation targets improve usability on smartphones.

Improved Search Engine Optimization (SEO)

Web accessibility techniques often align with SEO goals. For instance, adding alternative text (alt text) to images and using descriptive keywords in links can improve a website's SEO. This, in turn, can lead to higher conversion rates and improved online visibility.

Increased Audience and Market Reach

Making a website accessible increases its audience by making it more inclusive. It removes barriers for individuals with disabilities and ensures equal access to web content and services. This, in turn, leads to a broader customer base and enhanced web brand visibility.

Moral and Legal Benefits

From a moral standpoint, web accessibility is essential to provide equal access and equal opportunities to people with disabilities. Additionally, ensuring web accessibility reduces the risk of legal complications and possible prosecution for non-compliance with ADA requirements.

Improved Brand Reputation

An accessible website helps build a positive brand reputation as it demonstrates a commitment to inclusivity and accessibility. This can lead to positive reviews and recommendations from individuals with disabilities, strengthening the brand's image.

Business Growth and Innovation

Web accessibility can promote business growth by increasing website traffic and improving user engagement. It also encourages businesses to stay creative and innovative, adapting to constantly changing trends and technologies.

In conclusion, web accessibility is not only a legal requirement but also a moral and business imperative. It benefits individuals, businesses, and society by creating a more inclusive and accessible online environment.

The legal landscape for web accessibility compliance

The Americans with Disabilities Act (ADA) was signed into law in 1990 by President George H.W. Bush. It bans discrimination based on public accommodation, public services, employment, transportation, and telecommunications. The ADA is significant because it officially adopted a public policy committed to integrating those with disabilities.

While the ADA has undergone amendments, there is no specific coverage under the law regarding online compliance. This has led to a debate about whether websites count as a "place of public accommodation". Various courts have ruled that websites are indeed places of public accommodation, while other cases have concluded that websites are bound by regulations if there is a close "nexus" between the site and a physical location.

The Web Content Accessibility Guidelines (WCAG) are internationally recognized guidelines for making web content accessible. While not a law, adhering to WCAG standards is often cited as a benchmark for digital accessibility compliance in legal cases. The commonly accepted level is WCAG 2.1, A, AA.

It is important to note that websites are accessible anywhere in the world, so businesses must comply with the laws in every state and country where they operate. With the upcoming European Accessibility Act (EAA), new accessibility requirements will be introduced for businesses operating in the EU.

To ensure web accessibility compliance, businesses and state and local governments must comply with the ADA's general requirements of non-discrimination and effective communication. They have flexibility in how they achieve this, but they must ensure that their programs, services, and goods are accessible to people with disabilities.

Existing technical standards such as WCAG and the Section 508 Standards provide helpful guidance on how to ensure accessibility. Businesses and governments can also refer to resources like the 18F Accessibility Guide, Digital.gov, and Section508.gov for more information on implementing web accessibility requirements.

Overall, the legal landscape for web accessibility compliance is constantly evolving, and it is crucial for organizations to stay updated with the latest regulations and standards to ensure compliance and provide equal access to individuals with disabilities.

The Web Content Accessibility Guidelines (WCAG)

The WCAG is primarily intended for web content developers, web authoring tool developers, and web accessibility evaluation tool developers. It provides a single shared standard for web content accessibility that meets the needs of individuals, organizations, and governments internationally. The guidelines explain how to make web content more accessible to people with disabilities, covering both the information on a web page and the code or markup that defines its structure and presentation.

The WCAG has three levels of conformance: A, AA, and AAA. Level A is the minimum level that any website should be able to meet, while Level AAA is the highest level, providing exceptional accessibility but proving unachievable for certain content. Level AA is the mid-range level that represents strong accessibility and satisfies all Level A and Level AA criteria.

The WCAG guidelines are organized under four main principles: perceivable, operable, understandable, and robust, often referred to as POUR. These principles ensure that information is accessible to people using only one of their senses, that end users can interact with all webpage elements, that the content and functionality are understandable, and that the website effectively communicates information to all users and remains compatible with evolving technologies.

The WCAG has gone through several versions, including 1.0, 2.0, 2.1, and 2.2, with each update refining and expanding the guidelines to address advancements in digital content and technology. The most recent version, WCAG 2.2, was published in October 2023 and includes 13 guidelines organized under the four POUR principles.

While not a law itself, the WCAG is referenced by the U.S. Department of Justice in its enforcement of the Americans with Disabilities Act (ADA). Title II of the ADA, which applies to state and local governments, now requires that their websites conform to WCAG 2.1 Level AA standards. Additionally, while Title III of the ADA does not explicitly mention website accessibility, the Department of Justice has referenced WCAG in its private enforcement of the law.

How to make a website ADA-compliant

The Americans with Disabilities Act (ADA) was signed into law by George H.W. Bush on July 26, 1990. It bans discrimination based on disability and ensures equal rights and opportunities for those with disabilities. While the ADA is often associated with physical accommodations, it also applies to websites and digital content.

Understand the Web Content Accessibility Guidelines (WCAG)

The WCAG is a set of guidelines that outline what is needed for web accessibility. While it is not a legal requirement, it serves as a reference point for organisations aiming to improve digital accessibility. There are three levels of conformance:

• A: Bare minimum level of accessibility
• AA: Target level of accessibility meeting legal requirements
• AAA: Exceeds accessibility requirements

Make Content Perceivable

Content should be presented in a perceivable manner for all users. This includes offering alternatives to text, such as audio alternatives and assistive technologies, for visually impaired individuals.

Ensure Content is Operable

Navigation should be easy for all users. Provide keyboard accessibility so that users with disabilities can easily navigate the website and access content.

Make Content Understandable

Content should be easy to understand. Make content readable and predictable, and offer input assistance if needed.

Ensure Content is Robust

Content should be compatible with various devices and platforms, including assistive technologies.

Use Alt Tags

Create alt tags for all images, videos, and audio files. Alt tags allow users with disabilities to read or hear alternative descriptions of content they might not otherwise be able to access.

Provide Text Transcripts

Create text transcripts for video and audio content to help deaf and hard-of-hearing users understand the information.

Identify the Site's Language in the Header Code

Making the site's language clear helps users who utilise text readers.

Offer Suggestions for Input Errors

If a user with a disability encounters input errors due to their navigation method, the site should offer recommendations on how to better navigate to the needed content.

Create a Consistent, Organised Layout

Menus, links, and buttons should be clearly delineated and easily navigable throughout the site.

It is important to note that while these strategies provide guidance, there is no clear federal direction on how to make websites ADA-compliant. Consulting with a disability lawyer can help businesses concerned about ADA compliance.

Frequently asked questions