ADA Compliance Guidelines for Websites: A Checklist for Accessibility

ADA compliance for websites means ensuring that people with disabilities have equal access to digital content. Under an April 2024 rule from the Department of Justice (DOJ), state and local government websites must conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards to comply with ADA Title II. Private businesses face increasing legal pressure under Title III, with thousands of digital accessibility lawsuits filed each year.

Key insights

• State and local governments serving 50,000+ people must make websites conformant with WCAG 2.1 Level AA standards by April 24, 2026, with smaller entities required to achieve conformance by April 26, 2027.
• Digital accessibility lawsuits targeting private businesses remain widespread, with litigation expanding beyond traditional hot spots like New York, Florida, and California.
• Failing to comply with the ADA can result in a costly settlement, in addition to attorney’s fees and injunctive relief. Non-compliant organizations may also need to pay damages under related state laws, including damages up to $4,000+ per violation under California's Unruh Act.
• Automated accessibility testing cannot detect all barriers; manual testing with assistive technologies (including screen readers and keyboard navigation) is essential to achieve compliance.
• AI-powered tools have increased pro se (self-filed) ADA lawsuits, lowering the barrier for individuals to file accessibility complaints without attorney representation.

What is ADA compliance?

ADA compliance means meeting the accessibility requirements established by the Americans with Disabilities Act, a federal law that prohibits discrimination against people with disabilities. The ADA covers physical spaces as well as digital experiences like websites, mobile apps, and electronic documents.

To meet ADA requirements for physical spaces, organizations must ensure that people with disabilities have fair and equal access to these spaces. Often, this includes adding ramps for wheelchairs and other mobility devices, offering accessible restrooms, and making service animal provisions.

For websites, ADA compliance involves providing equitable access to digital content for people with disabilities, including users of assistive technologies such as screen readers, keyboard navigation, and voice recognition software.

What does ADA stand for?

The Americans with Disabilities Act (ADA) is a federal civil rights law enacted in 1990 that prohibits discrimination against people with disabilities in employment, public services, public accommodations, and telecommunications. This legislation established enforceable standards because many businesses previously met only minimum requirements, and building owners often considered accessibility costs unjustified.

The ADA protects the equal rights of people with disabilities in both the public and private sectors. Digital accessibility litigation is most frequently filed under Title III of the ADA, which covers public accommodations like eating establishments, hospitality locations, retail outlets, and museums.

The five titles of the ADA

The ADA contains five titles, each addressing different aspects of disability rights and protections for people with disabilities.

Title I: Employment law

Title I prevents companies, governments, and unions from discriminating against people with disabilities concerning employment, including hiring practices, salary, and training. Title I affects any company with 15+ employees (this includes staffing companies).

Title II: Public services, state and local government

Title II applies to state and local government entities, including public transportation. It ensures that government services or programs don't exclude people with disabilities. One of the essential parts of Title II is the integration mandate, which prevents local and state governments from segregating people with disabilities. The integration mandate extends the prohibition on discrimination established by Section 504 of the Rehabilitation Act of 1973 to all activities of state and local governments regardless of whether they receive federal financial assistance.

In April 2024, the DOJ published a final rule requiring state and local government web and mobile content to meet WCAG 2.1 Level AA standards, with compliance deadlines of April 24, 2026 for larger entities and April 26, 2027 for smaller entities.

Title III: Public accommodations and services operated by private entities

Title III applies to privately-run organizations. It requires that spaces within privately-run organizations used for public services–like restaurants, shops, and corporate offices–be accessible to people with disabilities.

Importantly, Title III doesn’t just apply to physical buildings. The DOJ has issued guidance that websites and mobile apps are considered places of public accommodation under Title III, and courts have repeatedly upheld this position.

Title IV: Telecommunications

Title IV covers telephone and television access for people with hearing and speech disabilities. Telephone companies must also provide telecommunications relay services (TRS). These services enable those who rely on teletypewriters (TTYs) to make voice calls. This title also mandates that PSAs with federal funding provide closed captioning.

Title V: Miscellaneous provisions

Title V covers various ADA elements but primarily forbids retribution against anyone who pursues legal action if their rights under the ADA are violated.

ADA website accessibility requirements

To comply with the ADA, organizations should ensure that their online services are usable for people with a wide range of disabilities, including visual, auditory, and motor disabilities. That means creating content that works with different assistive technologies, like screen readers, keyboard navigation, and voice recognition software.

Websites didn't exist when the ADA became law in 1990, which explains why its original guidelines only describe physical spaces. Subsequently, this focus on physical space caused ambiguity about whether the legislation applies to the digital world. However, the DOJ and federal courts have consistently interpreted the ADA to cover websites, and the April 2024 Title II rule now explicitly requires WCAG 2.1 Level AA compliance for state and local governments’ digital content. WCAG 2.1 Level AA is also the de-facto standard for compliance with Title III for private businesses.

WCAG requirements: The POUR principles

The Web Content Accessibility Guidelines (WCAG), developed by the W3C, establish four principles for accessible digital content:

• Perceivable: Information and user interface components must be presented in ways that users can perceive. This includes providing text alternatives for images, offering captions for video and audio, meeting a 4.5:1 color contrast ratio for normal text, and making text resizable up to 200%.
• Operable: Users must be able to navigate and interact with content in a way that meets their needs. This involves ensuring keyboard accessibility, providing sufficient time limits, avoiding seizure-inducing content, and offering clear navigation.
• Understandable: The content and operation of a user interface should be easy for users to understand. This means authoring readable content, making functionality predictable, and providing input assistance, including clear error identification and suggestions.
• Robust: Content should be robust enough that a broad range of users and assistive technologies can interpret it, and it should remain accessible as assistive technologies change. Best practices that align with this principle include proper use of native HTML elements and ARIA labels.

Most common WCAG violations cited in lawsuits

• Missing or inadequate alt text for images
• Keyboard navigation failures and keyboard traps
• Insufficient color contrast ratio between text and backgrounds
• Missing form labels for input fields
• Inaccessible video content (such as videos without captions or transcripts)
• Non-descriptive link text like "click here" or "read more"

ADA Title II: The 2026 digital accessibility deadline

On April 24, 2024, the DOJ published a new rule under Title II of the ADA, requiring state and local government websites and mobile apps to conform with WCAG 2.1 Level AA. This rule marks the first time federal accessibility standards for digital content have been formally codified for public entities.

Compliance deadlines

Population is determined by the 2020 decennial Census for general-purpose governments. For independent school districts, it is based on the 2022 Small Area Income and Poverty Estimates.

What the Title II rule covers

The mandate extends beyond public-facing websites to include:

• Web content and web applications
• Mobile applications
• Digital documents (PDFs, Word documents, PowerPoints)
• Online course content and learning management systems
• Video and audio content (requiring captions and transcripts)
• Third-party vendor content used for government services
• Social media content posted by the entity

The rule sets a higher standard than the federal government's own requirements under Section 508, which mandates WCAG 2.0 AA compliance.

Exceptions under Title II

The rule includes limited exceptions:

• Archived content: Created before the deadline, not updated, and stored in a clearly identified archive area for research or recordkeeping
• Pre-existing documents: Conventional electronic documents created before the deadline, provided they're not used for active services
• Third-party content: Content posted by truly independent third parties not acting on behalf of the agency
• Individualized documents: Password-protected documents specific to one individual
• Pre-existing social media: Posts made before the compliance deadline

What if full conformance isn’t achievable?

If a state or local government doesn't fully meet WCAG 2.1 Level AA, they might argue that the minor deviation is so insignificant it doesn't affect access for people with disabilities. However, this does not excuse them from making efforts to comply with the standards. They must prove that any noncompliance does not significantly affect accessibility to avoid violating the rule.

For example, a state's online renewal form that doesn't meet WCAG 2.1 Level AA can cause significant problems for users with manual dexterity disabilities, requiring more time and assistance to complete tasks, violating the DOJ's rule. Conversely, a minor deviation like a slightly lower color contrast ratio on a park information page might not prevent most users with vision disabilities from accessing the content, and the state could argue this does not constitute a violation.

Consequences of non-compliance with ADA requirements for websites

Failing to comply with ADA web accessibility requirements can be costly. Typical lawsuit settlements range from $2,000 to $50,000+, excluding the costs of website remediation. They may also be responsible for paying the plaintiff’s attorney’s fees.

State laws add additional exposure: California's Unruh Civil Rights Act allows statutory damages of $4,000 or more per violation, making even minor accessibility barriers financially significant for high-traffic websites.

Beyond financial consequences, web accessibility lawsuits can tarnish an organization’s reputation. They also create operational burden: teams typically scramble to address issues on a fixed timeline as part of their settlement terms, diverting resources away from other projects.

2025-2026 ADA website lawsuit trends

ADA website accessibility is a serious matter for any responsible business owner. Federal and state courts consistently rule that the ADA and related state statutes apply to websites, and litigation remains widespread: thousands of digital accessibility lawsuits are filed each year.

In 2025, UserWay’s Legal Intelligence Group observed a notable expansion of digital accessibility lawsuits beyond traditional hotspots like New York, Florida, and California. This trend signals that no company with a public website is immune to litigation based on geography.

2025 lawsuit statistics

• New York continued to lead in digital accessibility lawsuit filings, with 1,000+ cases filed.
• Florida and California also remained hubs for legal action, with 800+ and 500+ cases, respectively.
• Illinois, Missouri, and Minnesota are emerging as new hotspots: 600+ cases were filed in Illinois, and 300+ were filed in Missouri and Minnesota (combined).

AI-driven litigation surge

A significant 2025-2026 trend is the rise of AI-assisted accessibility lawsuits. Pro se plaintiffs are using AI tools like ChatGPT to draft complaints, identify WCAG violations, and file lawsuits without attorney representation. This has lowered the barrier to entry for litigation significantly.

While courts have sanctioned some attorneys and plaintiffs for AI-generated fabricated case citations, the underlying accessibility claims remain valid and continue to result in settlements. Federal judges in some districts have begun requiring litigants to disclose AI use in their filings.

2025 regulatory changes under the Trump Administration

DOJ guidance withdrawals (March 2025)

In March 2025, the DOJ withdrew 11 ADA guidance documents as part of an effort to reduce regulatory burdens. The withdrawn documents included:

• COVID-19-related accessibility guidance (mask exemptions, hospital companion access)
• A 10-part ADA compliance manual for business owners (2005)
• Guidance for hotels, lodging facilities, gas stations, and retail establishments
• Customer service protocols for serving customers with disabilities

Critical point: The withdrawal of guidance documents does NOT change the law. The ADA remains fully in effect, and legal obligations remain unchanged. However, the removal of practical guidance makes ADA compliance more challenging for organizations without dedicated legal resources.

Halted ADA rulemakings (September 2025)

In September 2025, the DOJ announced it would not pursue 54 pending regulatory actions, including two ADA-related rulemakings:

1. Accessible equipment and furniture: Rules for accessible equipment in public accommodations and government facilities
2. Public right-of-way: Rules concerning accessible pedestrian routes, sidewalks, curb ramps, and crosswalk signals

Status of Title II web accessibility rule

Despite broader regulatory rollbacks, the April 2024 Title II web accessibility rule remains in effect. Some educational associations requested a pause on implementation in May 2025, but the rule has not been rescinded. Organizations should continue preparing for the April 2026 deadline, as private lawsuits, not federal enforcement, drive most ADA compliance actions.

Eight tips for ADA website compliance

The tips below will help you get started improving the ADA compliance of your website.

1. Ensure your website supports keyboard navigation

Not all users navigate websites with a mouse or pointer device. Many people with disabilities rely on keyboard navigation, using keystrokes to move through and interact with content. Ensure all interactive elements are reachable via Tab key and that there are no keyboard traps that prevent users from navigating away from an element.

2. Provide alt text for website imagery

Alt text provides image descriptions to screen reader users, including people with visual disabilities. It also helps users who turn off images due to sluggish internet connections. Write concise, descriptive alt text that conveys the image's meaning and function. Decorative images should have empty alt attributes (alt="") so screen readers skip them.

3. Provide appropriate website forms

Identify labels clearly and provide visual cues for form fields that show the information end users need to provide. Users who rely on screen readers also must know if their verifying information is valid or invalid. Make sure your forms can report successful submissions or point site visitors back to the incorrect field with clear error messages.

4. Modify timed variables accordingly

Some users need more time to use a website. Therefore, implement measures that stop time-outs from disrupting the end-user experience. Allow users to extend or disable time limits where possible.

5. Ensure proper color contrast

Web pages need sufficient contrast between text and background colors. WCAG requires a contrast ratio of at least 4.5:1 for normal text and 3:1 for large text (18pt or 14pt bold). Provide more open space and optimize color contrast to ensure digestible content for people with visual disabilities.

6. Audio and video alternatives

Provide corresponding transcripts for audio-only content and captions for all video elements. You can also include sign language interpretation for people with hearing disabilities. Ensure captions are synchronized and accurate.

7. Remove elements that may cause seizures

Avoid flashing imagery that may trigger serious episodes for people with epilepsy or similar medical challenges. WCAG prohibits content that flashes more than three times per second.

8. Obtain manual accessibility audits

Automated scanning tools cannot detect all accessibility barriers. Supplement automated testing with manual evaluation by experts, including native users of assistive technologies like screen readers (JAWS, NVDA, VoiceOver), keyboard-only navigation, and voice recognition software.

Rely on UserWay for your ADA compliance needs

UserWay provides the support you need to achieve ADA compliance, no matter where you are on your accessibility journey. Make immediate improvements to user experience with the AI-Powered UserWay Accessibility Widget, which automatically detects and addresses many common WCAG violations. Then, request a manual audit from our experts to identify code-level issues you can fix to work toward compliance.

Please reach out for more details on the UserWay solution, use the link below to start a free trial of the Accessibility Widget.