What is ADA Compliance?
The Americans with Disabilities Act (ADA) is a U.S. civil rights legislation that prohibits discrimination against people with disabilities. To ensure your website, mobile application, software, or other digital experience is ADA compliant means you’ve designed and built that experience in a way that accommodates the unique needs of people with disabilities–including those who are blind or have other visual impairments like low vision, who are deaf, hard of hearing, have physical or mobility issues, learning difficulties, cognitive disabilities, and more.
However, the ADA was written into law in 1990, before the prevalence of the internet and today’s dependency on digital communication, so ADA compliance from a digital experiences perspective can be confusing.
Background.
The ADA is widely recognized as one of the world’s first and most comprehensive civil rights laws protecting people with disabilities. The law serves as the legal backbone for U.S. accessibility-related policies, standards, and court decisions.
When it comes to some forms of communication, the ADA is clear in its requirements. For example, the law requires organizations provide “effective communication.” This means organizations must provide alternative formats of documents upon request, which may include accessible PDFs, large print documents or braille documents—to ensure individuals with disabilities can fully engage with digital and printed content alike.
But here’s where the ADA gets less clear.
Its passage predates modern digital technologies—like websites, mobile apps, software, and PDF documents. However, the law has proven remarkably adaptable. Despite not including language that specifically references the accessibility of digital communications, through its provisions in two specific sections, Title II and Title III, the ADA has been interpreted by courts and federal agencies to apply to these digital environments, going a long way to ensure new technologies remain accessible for all.
ADA Title II: Public-Sector Accessibility.
The types of organizations required to uphold ADA requirements is stipulated by Titles II and III.
Title II of the ADA applies to state and local government entities—including agencies, programs, and special-purpose districts—as well as third-party vendors delivering services on their behalf. Within Title II, these public-sector organizations and their vendors are required to ensure that their programs and communications are accessible to individuals with disabilities.
In early 2024, the U.S. Department of Justice (DOJ) doubled down on Title II and its application to digital content. The DOJ issued new regulations for Title II entities, making clear the types of digital communications that must be accessible. These include websites, web applications, mobile apps, and conventional electronic documents. The rules also establish a technical standard, WCAG 2.1 AA, and a compliance timeline, giving public-sector entities a definitive roadmap for meeting accessibility obligations. We discuss the standards and deadlines in more detail later in this piece.
ADA Title III: Private Sector Accessibility.
Title III of the ADA applies to private businesses—regardless of the industry. Specifically, ADA Title III prohibits discrimination based on disability in “places of public accommodations.” From retail stores and restaurants to banks and tech companies, if yours is a private entity providing goods or services to the public, you're expected to comply with Title III’s accessibility requirements.
However, unlike Title II and the DOJ’s clarification of its application to digital experiences, Title III currently lacks comparable regulations. Instead, its application to digital content has been developed through case law and court rulings—based on the interpretation of “places of public accommodations.” While not all courts agree that digital experiences like websites and mobile apps constitute “places of public accommodation,” many courts do. This inconsistency in interpretation has resulted in a legal patchwork across jurisdictions.
But despite this patchwork, enforcement actions that do take place under Title III commonly target organizations that operate public-facing websites, mobile apps, and those who produce electronic documents.
Standards for ADA Accessibility and Compliance.
The DOJ’s recent Title II rule establishes the globally accepted Web Content Accessibility Guidelines (WCAG) as the official technical standard for accessible digital content. WCAG is essentially a library of success criteria organizations are required to meet to ensure their content is accessible. Over the years, WCAG has been published in several versions, 1.0, 2.0, 2.1, and 2.2. These versions build upon one another, adding more success criteria as technology has evolved. Within those versions, WCAG also lists success criteria at three levels—A, which is the minimum conformance requirement; AA, which is the standard for legal compliance in many instances; and AAA, which is the highest standard of conformance, but, in some cases, specific criterion may not be applicable. At each level, the criterion are backwards compatible and build upon one another, so conformance with AA means you’ve also conformed with the standards in A.
In the instance of the DOJ’s Title II rulemaking, organizations are to follow WCAG 2.1 AA standards for compliance. This clarity provides state and local governments—and their vendors—with a clear, enforceable benchmark.
Title III, by contrast, has no formal rule specifying a technical standard. However, in practice, courts have also consistently pointed to WCAG 2.1 AA as the baseline for compliance. However, more recently, we're seeing a shift: legal complaints, court decisions, and settlement agreements are beginning to cite the more recent WCAG 2.2 AA as the new bar for accessibility.
At Allyant, we recommend that all organizations adopt WCAG 2.2 AA. Doing so not only aligns with emerging legal expectations, but also future-proofs your content while ensuring backward compatibility with WCAG 2.1 AA requirements—especially critical for Title II entities.
Deadlines for non-compliance with the ADA.
The DOJ’s new Title II rulemaking includes clear timelines for compliance. Covered entities must meet the specified technical standards by either April 2026 or April 2027, depending on the size of the population they serve. This phased approach gives public-sector organizations a defined window to bring their digital content into alignment with WCAG 2.1 AA.
Entities covered by Title III, meanwhile, are not bound by a formal compliance deadline—because no official technical standard has been codified in the law. However, the absence of a set timeline does not protect private businesses from legal exposure. Many organizations have already faced lawsuits from individuals with disabilities who were denied access to websites, mobile apps, or electronic documents.
Penalties for non-compliance with the ADA.
Entities that fail to meet their obligations under the ADA can face a range of penalties that vary based on whether the violation falls within Title II or Title III.
ADA Title II
Within Title II, non-compliance can result in legal action brought by individuals or the DOJ. Courts may issue orders requiring corrective action to ensure accessibility. Financial penalties can also apply, with fines up to $75,000 for a first violation and up to $150,000 for subsequent violations. Public entities risk losing federal funding if they fail to provide accessible services, and they may also face reputational harm and operational disruptions if accessibility improvements are forced under time-sensitive or legal pressure.
Two prominent Title II court cases include:
- U.S. v. State of Alaska (2024): The DOJ found that Alaska violated Title II by failing to provide accessible voting options for individuals with disabilities, including inaccessible polling places and election websites. The state was required to implement corrective measures to ensure equal voting access.
- League of Women Voters v. Frank LaRose (2024): Plaintiffs challenged Ohio's law restricting who may assist voters with disabilities in absentee voting, alleging it violated Title II of the ADA. The DOJ supported the plaintiffs, emphasizing that voters with disabilities have the right to assistance from a person of their choice.
ADA Title III
Within Title III, while private individuals cannot recover monetary damages in lawsuits brought solely under the ADA, they may still seek injunctive relief to remove accessibility barriers. And recent data from Seyfarth Shaw LLP indicates a resurgence in ADA Title III litigation. In 2024, plaintiffs filed 8,800 ADA Title III complaints in federal district courts, marking a 7-percent increase from 2023 and more than triple the number of filings in 2013. This uptick follows a two-year decline, suggesting renewed momentum in accessibility-related legal actions. Notably, California regained its top position with 3,252 filings, a 37-percent increase over 2023, while New York and Florida followed with 2,220 and 1,627 cases, respectively. These trends underscore the importance for entities to proactively address accessibility compliance to mitigate legal risks and ensure inclusivity.
Additionally, the DOJ can pursue Title III enforcement actions that include civil penalties—also up to $75,000 for a first violation and $150,000 for later ones—and may obtain compensatory damages for affected individuals.
Further, plaintiffs can pair ADA claims with state or local non-discrimination laws—such as California’s Unruh Civil Rights Act or the New York City Human Rights Law (NYCHRL)—which do allow for monetary compensation. As a result, businesses can face substantial financial liability even in cases where the federal ADA alone would not provide for damages.
Examples of high-profile Title II cases include:
- National Federation of the Blind v. Target Corp. (2006): The plaintiffs alleged that Target's website was inaccessible to blind users, violating the ADA and California's Unruh Civil Rights Act. The case settled with Target agreeing to pay $6 million to the California class and to make its website accessible.
- Access Now, Inc. v. Southwest Airlines Co. (2002): Plaintiffs claimed that Southwest's website was inaccessible to visually impaired users. The court ruled that the ADA did not apply to websites not connected to a physical place of public accommodation, highlighting the legal complexities of digital accessibility under Title III.
In both contexts, non-compliance can carry significant financial, legal, and reputational consequences—making accessibility a critical area for risk management and public accountability.
How Allyant Supports ADA Compliant Communications.
Allyant offers a suite of targeted solutions to help organizations meet their responsibilities within the Americans with Disabilities Act—whether covered by Title II, Title III, or both:
Comprehensive digital audits and ongoing support:
Allyant performs in-depth accessibility audits of websites, mobile apps, and software against WCAG 2.2 AA. Our software platform houses audit results, scanning technology, and access to tools and expert support for ongoing accessibility. We help organizations ensure alignment with both current Title II regulations and evolving Title III expectations, giving them a future-ready accessibility posture.
Document accessibility strategy:
We help organizations inventory and assess the accessibility of their electronic documents, identifying which can be archived and which must be remediated. This approach streamlines compliance efforts—particularly important for Title II entities and organizations subject to the HHS accessibility regulations requiring accessible digital documents.
Alternative format production:
Allyant provides accessible formats such as braille, reflowed large print, accessible PDFs, and more, supporting ADA requirements for effective communication and reasonable accommodations across all sectors.
Third-party technology assessments:
Whether evaluating new software or reviewing tools already in use, Allyant helps ensure the third-party software and products you’re integrating meet accessibility standards. This is critical for Title II entities, as the DOJ rule explicitly holds them accountable for the accessibility of third-party services used to deliver public programs. For example, if a city uses an inaccessible third-party parking app, the city—not the vendor—is legally responsible.
VPAT testing services:
We also support digital product providers, auditing their software and delivering a completed Voluntary Product Accessibility Template (VPAT) to demonstrate the product’s state of accessibility.
Litigation Support Services:
If you're faced with a lawsuit, demand letter, or legal complaint related to accessibility, Allyant’s Accessibility Claims Team can support your legal counsel by providing expert analysis of the issues raised. We help clarify where accessibility gaps exist and their real-world impact on users with disabilities.
Frequently Asked Questions.
Understanding what qualifies as a reasonable accommodation in the digital space can be complex—especially for private organizations governed by Title III of the ADA. What’s considered “reasonable” may vary based on the user’s disability, the organization’s resources, the type of content involved, and more. In some cases, accommodations accepted for one organization may not be considered sufficient for another.
Common digital accommodations include:
- Offering an accessible, alternative version of the content.
- Providing a direct way for individuals with disabilities to request assistance.
- Using third-party tools, widgets, or services to facilitate access.
That said, relying on accommodations, instead of building accessibility into your digital assets, can lead to user frustration, higher costs, and potential legal risk. Proactive accessibility is more effective, more cost effective—and often more defensible.
Whether your website needs to be ADA compliant technically depends on the nature of your organization:
- Entities covered by ADA Title II (e.g., state and local governments) are required to make their websites conform with WCAG 2.1 AA by April 2026 or April 2027, depending on population size.
- Entities covered by ADA Title III (private businesses) are not bound by a specific regulation, but most courts have ruled that websites, mobile apps, software, and digital documents used by the public are covered under the ADA as “places of public accommodation.” That means you could be subject to lawsuits, DOJ investigations, or civil penalties if your website is not accessible.
Beyond legal obligations, we believe every user has the fundamental right to interact with information in a way that meets their unique needs, so we encourage every organization to prioritize accessibility.
“ADA compliance” for websites is generally assessed using the Web Content Accessibility Guidelines (WCAG). Most commonly, testers use the current version of WCAG—2.2 at the AA level. Using scanning technology is a great place to start to check your website’s WCAG conformance. These automated tools can help identify many common issues. However, for a thorough evaluation, it’s important to complement automated scanning with manual review.
Perfect compliance is tough to achieve for any dynamic website—especially because web content constantly changes.
Instead of chasing 100-percent ADA compliance, Allyant encourages organizations to first focus on removing critical barriers that prevent people with disabilities from completing the journey they set out to complete—shopping for and purchasing a product—for example. And the best way to evaluate real-world usability, to prioritize fixing any accessibility issues, is through testing conducted by people who have disabilities.
The most effective way to align your website with ADA requirements is to ensure it meets the WCAG 2.2 AA standard. This version and level of WCAG provides a clear and widely accepted benchmark for digital accessibility.
Similar to websites, digital documents should conform to WCAG 2.2 AA. This includes proper tagging, reading order, alternative text for images, and other accessibility features that make documents usable with assistive technologies.
The ADA does not apply to Canadian-based entities. Instead, Canadian organizations must follow laws like the Accessible Canada Act (ACA) or the Accessibility for Ontarians with Disabilities Act (AODA). The good news? All of these laws use WCAG as their foundation. If your site conforms to WCAG 2.2 AA, you’re in a strong position to meet U.S., Canadian, and other global legal requirements.
