ADA Compliance for Websites:
The Definitive Guide (2022)

What is the ADA?

The ADA  is a civil rights law that prohibits discrimination based on disability.

The ADA gives similar protection to the differently-abled community that the Civil Rights Act of 1964 gave to people of different races, genders, and religions.

Understanding how building design can help or hinder access to ‘physical sites’ is pretty straightforward. But what about websites?

Does the law consider them as places of public accommodation?

What is a ‘Place of Public Accommodation?

According to adata.org:

“A public accommodation is a private entity that owns, operates, leases, or leases to, a place of public accommodation. Places of public accommodation include a wide range of entities, such as restaurants, hotels, theaters, doctors’ offices, pharmacies, retail stores, museums, libraries, amusement parks, private schools, and day care centers. Private clubs and religious organizations are exempt from the ADA’s title III requirements for public accommodations.”

Nothing about websites there… 

How Does the DOJ View Websites?

The following is a letter the DOJ sent to Congress dated September 25, 2018, addressing and clarifying the organization’s views on whether or not websites are included in Title III of the Americans with Disabilities Act.

“The Department first articulated its interpretation that the ADA applies to public accommodations’ websites over 20 years ago. This interpretation is consistent with the ADA’s…requirement that the goods, services, privileges, or activities provided by places of public accommodation be equally accessible to people with disabilities.”  

Verdict: Despite the lack of clear regulations, this letter supports the DOJ’s stance—that websites should be considered places of public accommodation.

Stats:

In 2013, 2,722 Title III lawsuits were filed in federal courts. By 2021, that number had increased to 11,452.

This significant rise in cases is due to the influx of lawsuits regarding digital accessibility.

No industry is particularly safe. According to a report from Usable Net, a wide variety of industries were targeted in ADA web and application lawsuits in 2021. However, E-commerce websites are particularly vulnerable:

– E-commerce – 74%

– Other industries – 26%

Digital vs. Physical Space

Historically, the places the ADA names as “places of public accommodation” are all physical places: Theaters, museums, restaurants, etc.

When a restaurant or theater owner designs their building, they need to consider adding accessible ramps, as in the picture below.

And an accessible toilet:

But interacting with the internet is different.

A person who needs a wheelchair can often use the internet just like a non-disabled person does.

WCAG: The Accessibility Standard for ADA compliance

The DOJ has frequently referenced the Web Content Accessibility Guidelines (WCAG) 2.0 level AA as the web accessibility standard to follow to become ADA compliant.

It’s unlikely that a WCAG 2.0 level AA compliant site would be sued for lack of accessibility.

1.Add an accessibility interface to your site

An accessibility interface allows visitors to adjust the website’s design and user interface elements to fit their individual needs or disability. Example use cases of an accessibility interface include: 

• ADHD-friendly functions: Reduce distractions to allow individuals with neurodevelopmental disorders to ingest website content more easily.   
• Visually impaired functions: Allow for larger text, contrast, and careful use of colors
• Cognitive disability functions: Help users with cognitive disabilities like autism and dyslexia to focus and understand essential website elements

The easiest way to add an accessibility interface to your website is to purchase a ready-made solution such as accessiBe. Using one line of code, you can apply a custom interface to your site and start complying with ADA Title III regulations.

3. Make your site easy to navigate

Since not every user who comes to your website has full motor function, it’s essential to evaluate your site’s layout and navigation functionality.

Those with motor impairments deserve equal access to navigating the internet, including your website. Certain navigational tools can be implemented to allow for ease of movement. These include: 

• Using specific keyboard keys like Tab, Shift+Tab, and the Enter keys for specific purposes on the website
• On-screen keyboard availability for individuals unable to use a computer mouse 
• Shortcuts such as “M” (menus), “H” (headings), “F” (forms), “B” (buttons), and “G” (graphics) allow users to access
  specific elements of your website more quickly and easily
• Faster navigation techniques enable users to access any important page with a click

Other steps that you can take to make your site easier to use are:

• Ensure your navigation menu is consistent across all pages.
• Use the correct header tags on every page to highlight a content hierarchy and make the content easier to understand overall.