ADA Website Compliance : Accessibility to Web Contents as per Americans with Disabilities Act

While the original 1990 law focused on physical spaces, the Department of Justice (DOJ) and federal courts have consistently ruled that the ADA also applies to websites and mobile apps.

In 2010, the United States Department of Justice released specific guidelines for all public organizations to follow to become accessible to all people with disabilities. That includes all disabled people that use computers and smart devices. 

Fast forward to today: lawsuits, demand letters, and regulatory fines have become commonplace, and requirements are being taken more seriously than ever before. 

Private businesses have to comply with Title III of the ADA, while state and local governments must meet the upcoming deadline for the new Title II requirements.

Making your website and digital content accessible is no longer a choice.

Why Website Accessibility Matters

Inaccessible web content means that people with disabilities are denied equal access to information. An inaccessible website can exclude people just as much as steps at an entrance to a physical location. Ensuring web accessibility for people with disabilities is a priority for the Department of Justice. In recent years, a multitude of services have moved online and people rely on websites like never before for all aspects of daily living. For example, accessing voting information, finding up-to-date health and safety resources, and looking up mass transit schedules and fare information increasingly depend on having access to websites.

People with disabilities navigate the web in a variety of ways. People who are blind may use screen readers, which are devices that speak the text that appears on a screen. People who are deaf or hard of hearing may use captioning. And people whose disabilities affect their ability to grasp and use a mouse may use voice recognition software to control their computers and other devices with verbal commands.

The ways that websites are designed and set up can create unnecessary barriers that make it difficult or impossible for people with disabilities to use websites. These barriers on the web keep people with disabilities from accessing information and programs that businesses and state and local governments make available to the public online. But these barriers can be prevented or removed so that websites are accessible to people with disabilities.

Examples of Website Accessibility Barrier

Poor color contrast. People with limited vision or color blindness cannot read text if there is not enough contrast between the text and background (for example, light gray text on a light-colored background).

Use of color alone to give information. People who are color-blind may not have access to information when that information is conveyed using only color cues because they cannot distinguish certain colors from others. Also, screen readers do not tell the user the color of text on a screen, so a person who is blind would not be able to know that color is meant to convey certain information.

Lack of text alternatives (“alt text”) on images. People who are blind will not be able to understand the content and purpose of images, such as pictures, illustrations, and charts, when no text alternative is provided. Text alternatives convey the purpose of an image, including pictures, illustrations, charts, etc.

No captions on videos. People with hearing disabilities may not be able to understand information communicated in a video if the video does not have captions.

     Inaccessible online forms. People with disabilities may not be able to fill out, understand, and accurately submit forms without things like:

• • Labels that screen readers can convey to their users.
  • Clear instructions; and
  • Error indicators (such as alerts telling the user a form field is missing or incorrect).

    Mouse-only navigation (lack of keyboard navigation). People with disabilities who cannot use a mouse or trackpad will not be able to access web content if they        cannot navigate a website using a keyboard.

When the ADA Requires Web Content to be Accessible

The Americans with Disabilities Act applies to state and local governments (Title II) and businesses that are open to the public (Title III).

State and local governments (Title II)

Title II of the ADA prohibits discrimination against people with disabilities in all services, programs, and activities of state and local governments. State and local governments must take steps to ensure that their communications with people with disabilities are as effective as their communications with others. Many state and local government services, programs, and activities are now being offered on the web.

A website with inaccessible features can limit the ability of people with disabilities to access a public entity’s programs, services and activities available through that website.

For these reasons, the Department has consistently taken the position that the ADA’s requirements apply to all the services, programs, or activities of state and local governments, including those offered on the web.

Businesses that are open to the public (Title III)

Title III prohibits discrimination against people with disabilities by businesses open to the public (also referred to as “public accommodations” under the ADA). The ADA requires that businesses open to the public provide full and equal enjoyment of their goods, services, facilities, privileges, advantages, or accommodations to people with disabilities.

A website with inaccessible features can limit the ability of people with disabilities to access a public accommodation’s goods, services, and privileges available through that website.

For these reasons, the Department has consistently taken the position that the ADA’s requirements apply to all the goods, services, privileges, or activities offered by public accommodations, including those offered on the web.

How to Meet ADA Compliance Standards

To meet ADA compliance standards, websites must adhere to the Web Content Accessibility Guidelines (WCAG), which include principles such as being perceivable, operable, understandable, and robust.

As time progresses, the default standard required for websites continues to rise. In recent years WCAG 2.1 was the standard to follow. But after version 2.2 was released in October 2023, it has been ruled as the standard to comply with by U.S. state and local governments.

The WCAG guidelines have a three-tiered grading system:

Level A: Your website is only accessible by some users 

Level AA: Your website is accessible by almost all users

Level AAA: Your website is accessible by all users

Here’s a breakdown of what the core principles of the WCAG guidelines look like:

1. Be Perceivable

All users should have the ability to perceive any and all information that appears on your website. That includes things like text, images, videos, and so on.

When we say perceivable, we’re talking about offering alternatives to create accessibility. For example, if your users can’t see, there should be an option to listen to the text. If they can’t hear, there should be an option for closed captioning. 

Besides this there are other existing resources to help businesses and state and local governments with making websites accessible to people with disabilities;

• 18F Accessibility Guide: a comprehensive accessibility guide with resources published by 18F, a digital services agency under the General Services Administration (GSA).
• Digital.gov: this site, which is part of the Technology Transformation Services at the GSA, has resources on design of products, devices, services, or environments for people with disabilities.
• Section 508 Information and Communication Technology Accessibility Standards: standards published by the U.S. Access Board addressing access to information and communication technology under Section 508 of the Rehabilitation Act of 1973.
• Section508.gov: a website published by the GSA with tools and training on implementing website accessibility requirements under Section 508.

What if my Website isn't ADA Compliant