A comprehensive guide to understanding and implementing the ADA for digital accessibility and web compliance
The Americans with Disabilities Act (ADA) is landmark civil rights legislation signed into law on July 26, 1990, by President George H.W. Bush. It prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public. The purpose of the law is to ensure that people with disabilities have the same rights and opportunities as everyone else.
The ADA is divided into five titles (or sections) that relate to different areas of public life. For digital accessibility and web compliance, Title III is the most relevant, as it covers places of public accommodation, which increasingly includes websites and mobile applications operated by businesses and organizations.
Title III of the ADA requires that all businesses and non-profit service providers that are considered "places of public accommodation" provide equal access to their goods and services to individuals with disabilities. Courts and the Department of Justice (DOJ) have increasingly interpreted Title III to include websites and mobile applications.
While the ADA does not explicitly mention websites, there has been significant legal development establishing that websites are covered under Title III. The key legal interpretations include:
DOJ Position: The Department of Justice has consistently stated that Title III covers websites of public accommodations.
Court Interpretations: Federal courts have issued varying interpretations, but the trend has been toward requiring website accessibility.
While the ADA itself does not specify technical standards, the Department of Justice and courts have referenced the Web Content Accessibility Guidelines (WCAG) as the appropriate standard for compliance.
WCAG, developed by the World Wide Web Consortium (W3C), provides internationally recognized guidelines for making web content accessible. The DOJ has consistently referenced WCAG 2.0 Level AA as the technical standard.
Organizations should aim for WCAG 2.1 Level AA compliance at minimum.
Level A: The most basic level of accessibility
Level AA: Deals with common barriers for disabled users
Level AAA: The highest level of accessibility
The Department of Justice is responsible for enforcing Title III of the ADA.
2010 ANPRM: The DOJ announced its intention to issue specific regulations.
2018 Statement: The DOJ released guidance on web accessibility.
March 2022 Guidance: Updated guidance on web accessibility
The DOJ has entered into numerous settlement agreements:
ADA website accessibility enforcement has increased dramatically
Court decisions have shaped the application of the ADA to digital properties.
Broader Interpretation: These circuits have held that websites can be places of public accommodation.
Nexus Requirement: Robles v. Domino's Pizza was a landmark case.
Achieving and maintaining ADA compliance requires a comprehensive approach.
The first step is understanding your current accessibility status
After identifying issues, prioritize based on severity and impact
Semantic HTML: Use HTML elements according to their intended purpose
Keyboard Accessibility: Ensure all interactive elements are keyboard accessible
Alternative Text: Provide meaningful alt text for informative images
Technical compliance alone is insufficient
Address accessibility early in the development lifecycle:
