ADA Compliance for Websites:
The Definitive Guide (2023)

What is the ADA?

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

Think of the ADA as making discrimination against the disabled illegal, much like the Civil Rights Act of 1964 made it illegal to discriminate against other protected classes, like racial and religious minorities. 

The ADA consists of three parts (or in legal language, three “titles”). Title I prohibits discrimination in the workplace. Title II prohibits discrimination by government. Title III prohibits discrimination by private businesses. Here, we are dealing with Title III. 

Who must comply with Title III the ADA?

Title III only applies to “places of public accommodation” and clearly defines covered business as follows (see 42 U.S.C. § 12181(7)): 

(A) an inn, hotel, motel, or other place of lodging, except for an establishment located within a building that contains not more than five rooms for rent or hire and that is actually occupied by the proprietor of such establishment as the residence of such proprietor;

(B) a restaurant, bar, or other establishment serving food or drink;

(C) a motion picture house, theater, concert hall, stadium, or other place of exhibition or entertainment;

(D) an auditorium, convention center, lecture hall, or other place of public gathering;

(E) a bakery, grocery store, clothing store, hardware store, shopping center, or other sales or rental establishment;

(F) a laundromat, dry-cleaner, bank, barber shop, beauty shop, travel service, shoe repair service, funeral parlor, gas station, office of an accountant or lawyer, pharmacy, insurance office, professional office of a health care provider, hospital, or other service establishment;

(G) a terminal, depot, or other station used for specified public transportation;

(H) a museum, library, gallery, or other place of public display or collection;

(I) a park, zoo, amusement park, or other place of recreation;

(J) a nursery, elementary, secondary, undergraduate, or postgraduate private school, or other place of education;

(K) a day care center, senior citizen center, homeless shelter, food bank, adoption agency, or other social service center establishment; and

(L) a gymnasium, health spa, bowling alley, golf course, or other place of exercise or recreation. 

But what about websites? 

Does the law consider websites to be places of public accommodation?

How Does the DOJ View Websites?

The following is a letter sent by the Assistant Attorney General to Congress dated September 25, 2018, addressing the Department’s interpretation of the ADA as it relates to websites: 

“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.”  

So even though the DOJ has not yet authored specific regulations implementing the ADA for websites (like it has done for physical buildings), its position – like the opinions of many federal judges throughout the country – appears to be that the law does apply to websites operated by places of public accommodation.  

What If Your Website is Not Accessible / ADA Title III Compliant?

Companies whose websites fail to become compatible with screen reading software and therefore inclusive of the blind and visually impaired and other disabilities, risk being sued at any time, possibly far from their physical locations, without any notice whatsoever.

The law firms who file these cases can choose the jurisdiction in which to file their lawsuit, and not surprisingly, tend to file lawsuits for plaintiffs who live in plaintiff-friendly jurisdictions.

Settlements following a website accessibility demand letter or lawsuit can in general range from $5000 to $20,000, although the amount can change based on the lawyer, plaintiff, and jurisdiction involved. 

This does not include the cost of a business’ own experienced ADA defense lawyer, to negotiate a settlement and defend you, either in court or against a lawyer threatening to sue you.

Are you an easy target for these lawsuits? If you’ve never heard of ADA compliance lawsuits, or never taken action to make your business website ADA compliant, then the answer is probably “yes.” 

Then why does the ADA require websites to be compliant? 

Just because the ADAAG does not regulate websites, that does not mean that websites not covered by the ADA. The ADA states as a general rule that:

“No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation . . .”

Many courts have interpreted these general non-discrimination provisions of the ADA to require that places of public accommodation must have accessible websites. 

WCAG: The Accessibility Standard for ADA compliance

Though not officially the standard (as discussed above, there are no official regulations yet), the Web Content Accessibility Guidelines (WCAG) 2.0 level AA has been cited by the DOJ, judges, and others, as the web accessibility standard to follow to become ADA compliant.

Unless and until official regulations exist, it seems unlikely that a WCAG 2.0 level AA compliant site would be found noncompliant with the ADA, which means that such websites are much less likely to be targeted by ADA compliance lawsuits.

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

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.