Accessibility is a legal requirement under the ADA. Is your website compliant?
The number of businesses that receive demand letters for having inaccessible websites has been growing exponentially in recent years, and small businesses have been increasingly targeted. It’s more important than ever to ensure your website is accessible.
What legal requirements does my business need to follow?
Having an accessible website is not only the right thing to do, but it also offers several benefits as discussed above. It is important to note, however, that accessibility is first and foremost a legal requirement under the Americans with Disabilities Act (ADA).
All organizations that serve the public must comply with ADA and WCAG regulations.
All government or government-funded organizations must also comply with Section 508 (from the Rehabilitiation Act of 1973).
Organizations that operate in New York or California also have state-specific laws that need to be met.
Organizations that operate internationally may need to follow additional regulations.
ADA
- The Americans with Disabilities Act (1990) protects the civil rights of people with disabilities in many aspects of public life.
- In 2022 the Department of Justice confirmed that websites are places of public accommodation and are subject to the ADA's requirements of general non-discrimination and effective communication.
WCAG
- Web Content Accessibility Guidelines is a guide on how websites should look and operate for people with disabilities.
- The WCAG has been widely accepted as the industry standard for being ADA-compliant. By abiding with WCAG guidelines, your website will be considered compliant.
Section 508
- Any government entity or government-funded organization must build and maintain all information and communication technology so that they are accessible to people with disabilities
- If a business works with a government agency, it must comply with section 508 guidelines.
California & New York
- As of November 2023, certain regions have established their own set of accessibility laws: NYHRA (New York), UNRUH (California).
- These laws apply if your business is physically located in those these regions, and/or if your organization targets customers who live in those regions.
International Regulations
- Any government entity or government-funded organization must build and maintain all information and communication technology so that they are accessible to people with disabilities
- If a business works with a government agency, it must comply with section 508 guidelines.