While the U.S. Department of Labor's (DOL) Office of Disability Employment Policy (ODEP) does not enforce the ADA, it does offer publications and other technical assistance on the basic requirements of the law, including covered employers’ obligation to provide reasonable accommodations to qualified job applicants and employees with disabilities. For a quick overview of the ADA read “The Americans with Disabilities Act: A Brief Overview.”
Automated testing is the first step toward determining if your website is accessible to people with disabilities, including those using assistive technologies like screen readers, screen magnifiers, switch controls, and others. The free testing tools on this website will give you an idea of whether your website is compliant with laws like Section 508, the Americans with Disabilities Act (ADA), and the 21st Century Communications and Video Accessibility Act. If you find you have many violations, Level Access has experts that can help you reduce your legal risk.
The 2014 case involving Peapod, an online grocery retailer emphasizes that being ADA compliant goes beyond your website. The settlement required Peapod to make its mobile applications accessible by March 2015 and its website accessible by September 2015. Since mobile apps are fast becoming the preferred method of online shopping, e-commerce sites must focus on app accessibility too. 
Accessibility by UserWay UserWay creates a simpler and more accessible browsing experience for users with mobility issues. Millions of people cannot use a mouse or other pointing device and rely solely on their keyboard to navigate websites. Your site should be fully navigable using a keyboard’s tab key, arrow keys, the enter key and the space bar.

Monica is the creative force and founder of MayeCreate. She has a Bachelor of Science in Agriculture with an emphasis in Economics, Education and Plant Science from the University of Missouri. Monica possesses a rare combination of design savvy and technological know-how. Her clients know this quite well. Her passion for making friends and helping businesses grow gives her the skills she needs to make sure that each client, or friend, gets the attention and service he or she deserves.

Since March 15, 2012, ADA compliance with the 2010 Standards will be required for new construction and alterations. In the period between September 15, 2010 and March 15, 2012, covered entities may choose between the 1991 Standards ADA Compliance (without the elevator exemption for Title II facilities), the Uniform Federal Accessibility Standards (Title II facilities only), and the 2010 Standards ADA Compliance.
For Avanti Hotel to address the issue and make its website ADA compliant, it will cost around $3,000. However, oftentimes businesses must pay damages to the plaintiff on top of making the fix. In this particular case, the settlement is expected to be between $8,000-13,000. If the owner chooses to fight, damages plus lawyer fees could put him at more than $25,000. This is a heavy burden for a small business.
Vu said that she gets one question all the time: What are the legal standards? There is no legal standard, but there are guidelines out there: The Web Content Accessibility Guidelines (WCAG), version 2.0, with 3 levels of conformity: A, AA, AAA. They were put out by W3C. Companies can use those guidelines. The Justice Dept. uses the A and AA levels.

The Department of Justice published revised final regulations implementing the Americans with Disabilities Act (ADA) for title II (State and local government services) and title III (public accommodations and commercial facilities) on September 15, 2010, in the Federal Register. These requirements, or rules, clarify and refine issues that have arisen over the past 20 years and contain new, and updated, requirements, including the 2010 Standards for Accessible Design (2010 Standards).
Permanent injunction requiring a change in corporate polices to cause Defendant’s website to become, and remain, accessible Noted was that “The ADA expressly contemplates the type of injunctive relief that the Plaintiffs seek in this action.” The Plaintiff’s lawyers stated that “Because Defendant’s Website has never been accessible and because Defendant does not have, and has never had, a corporate policy that is reasonably calculated to cause its Website to become and remain accessible”. Therefor the Court should require that the Plaintiff accept who the Defendant will use to “assist it in improving the accessibility of its Website”, “ensure that all employees involved in website development and content development be given training”, “Consultant to perform an automated accessibility audit on a periodic basis to evaluate if the Defendant’s Website continues to comply”, “Consultant to perform end-user accessibility/usability testing on a periodic basis”, “Consultant to create an accessibility policy”. Although the Lawyers asked the Court for the above, and it would be extremely time consuming and expensive for the Defendant, the very last part of the Complaint was what the Lawyers were after. Here is what the Lawyers asked the Court for:

The ADA guidelines provide the foundation that organizations need to achieve digital accessibility best approaches, however they are not exhaustive. They do not provide direction for all of the accessibility challenges that people with disabilities face. They also fail to provide detailed technical instructions. With these limitations in mind, there is a ray of hope.
VERY useful. I searched for a plugin that had WAVE scanning integrated and this plugin came up. I was a bit hesitant because there were only a few reviews and the price was higher than most plugins. However, if the plugin worked, it would save me $1,000 from requesting a WAVE scan of my entire site. In short, this plugin is amazing. It is super-detailed. That makes it a bit longer to learn and master. However it makes it amazingly useful. If you take compliance seriously, this is the plugin for you. I am not a developer, but understand more about coding than the average content creator. I was able to understand this plugin, though it took several hours. Don't take that as a bad thing. It was necessary, and I learned a TON about ADA compliance in the meantime. When I had a question, the author was super-fast and helpful. I highly recommend this plugin.
I think it's a pretty good sample of doubtlessly accessible websites. Of course they have put a special effort in getting this label, but somehow it shows that it's possible. I also like the fact that they are pretty diverse in their purposes and target audiences, and are not visually different than the usual production. Which confirms our claims that accessible does not mean boring or not visually appealing - at least, if it's the case, then blame the designer, not accessibility!

UPDATE: Since writing this post in August 2017, several important changes have taken place in the laws regarding ADA compliance for websites. On December 26, 2017, the Department of Justice announced that they have withdrawn the Obama-era Advance Notice of Proposed Rulemaking mentioned in this article which intended to require ADA website compliance. The DOJ’s withdrawal announcement stated, “The Department will continue to assess whether specific technical standards are necessary and appropriate to assist covered entities with complying with the ADA.”
Case law has been the most helpful in illuminating the implications of the ADA for websites.There have been lawsuits involving companies like Expedia, Hotels.com, Southwest Airlines, and Target as defendants and primarily featuring accessibility organizations as plaintiffs. These cases had mixed results, but each helped clarify the ADA's jurisdiction on the web. 

Both sites support multiple languages (English and Spanish), and both include lang="es" on the element of the Spanish pages. However, on the CDC site, in addition to lang="es" the element has xml:lang="en". This potentially sends mixed messages to screen readers (is this web page in Spanish or English?) JAWS 13 seems to honor lang rather than xml:lang but I don't know about other screen readers.


The Americans with Disabilities Act (ADA) was first passed in 1990. Twenty years later, the US Department of Justice released an update called the 2010 ADA Standards for Accessible Design. These standards cover the design of physical spaces and have been interpreted to include web locations as well, so it can be difficult for the would-be accessible website designer to use them.
Legal precedent is changing, and ADA compliance related lawsuits are becoming more successful, and the courts are seeing more of them as a result. Title III of the Americans with Disabilities Act pertains to private sector businesses. Lately, those protections are more frequently expanding into digital territory as web and mobile applications become more necessary in our day-to-day lives.
Our team of experienced experts utilizes knowledge and proprietary technology to provide extensive detailed reports on what compliance issues exist on your entity’s website and PDFs. If you have a trusted developer to work on your website and PDFs, you can have them make the needed updates and changes. Don’t have a developer? ADA Site Compliance offers a custom, managed compliance solution for entities of all sizes. Our in-house developers will analyze, remediate and monitor your site’s ADA compliance for you.
The World Wide Web Consortium (W3C) established the main international standards and accessibility for the World Wide Web. The WCAG is created by the W3C to provide a standard for web content accessibility that can be shared around the world. The WCAG is meant to accompany organizations as a sort of blueprint on how to make their websites ADA compliant.
Real-time captioning (also known as computer-assisted real-time transcription, or CART) is a service similar to court reporting in which a transcriber types what is being said at a meeting or event into a computer that projects the words onto a screen. This service, which can be provided on-site or remotely, is particularly useful for people who are deaf or have hearing loss but do not use sign language.
Permanent injunction requiring a change in corporate polices to cause Defendant’s website to become, and remain, accessible Noted was that “The ADA expressly contemplates the type of injunctive relief that the Plaintiffs seek in this action.” The Plaintiff’s lawyers stated that “Because Defendant’s Website has never been accessible and because Defendant does not have, and has never had, a corporate policy that is reasonably calculated to cause its Website to become and remain accessible”. Therefor the Court should require that the Plaintiff accept who the Defendant will use to “assist it in improving the accessibility of its Website”, “ensure that all employees involved in website development and content development be given training”, “Consultant to perform an automated accessibility audit on a periodic basis to evaluate if the Defendant’s Website continues to comply”, “Consultant to perform end-user accessibility/usability testing on a periodic basis”, “Consultant to create an accessibility policy”. Although the Lawyers asked the Court for the above, and it would be extremely time consuming and expensive for the Defendant, the very last part of the Complaint was what the Lawyers were after. Here is what the Lawyers asked the Court for:
This past September marked the first time a judge ruled that the ADA applies even to businesses without a physical location. Scribd, an e-book subscription service is considered to provide "a place of public accommodation." Their services are not accessible to blind persons because they cannot be read with a screen reader. The judge reasoned, "Now that the Internet plays such a critical role in the personal and professional lives of Americans, excluding disabled persons from access to covered entities that use it as their principal means of reaching the public would defeat the purpose of this important civil rights legislation."
Until the ADA is updated to address the special case of website accessibility, or the Department of Justice releases its website accessibility regulations, complying with WCAG 2.0 Level AA is the best way to ensure that people with disabilities have equal access to your website. The overview below is a great starting point about meeting the WCAG 2.0 Level AA recommendations.

Complying with ADA provisions will cost you time, money, and human effort. Based on the audit results, you will know accurately the amount of time, human effort, and money you need to invest in compliance. Armed with these facts, you can start budgeting for the above three forms of cost—time, money, and human effort. This will require a clear roadmap.


As I mentioned above, under each WCAG 2.1 principle is a list of guidelines, and under each guideline are compliance standards, with techniques and failure examples at each level. Some guidelines include only Level A items; others include items for multiple levels of conformance, building from A to AAA. At each stage, you can easily see what more you would need to do to reach Level AA or AAA. In this way, many websites include elements at multiple levels of accessibility.


When the Americans with Disabilities Act (ADA) was first passed in 1990, the internet had yet to take off. However, the ADA has realized the importance of including online spaces within its parameters. If your business is considered a ‘place of public accommodation,’ then your website must be ADA compliant. Multiple rulings from judges have set legal precedent that websites must be accessible and are at risk of heavy fines and penalties when they are found not compliant. Winn-Dixie is the latest business to learn this the hard way.
Our team of experienced experts utilizes knowledge and proprietary technology to provide extensive detailed reports on what compliance issues exist on your entity’s website and PDFs. If you have a trusted developer to work on your website and PDFs, you can have them make the needed updates and changes. Don’t have a developer? ADA Site Compliance offers a custom, managed compliance solution for entities of all sizes. Our in-house developers will analyze, remediate and monitor your site’s ADA compliance for you.
You probably won't have to check your site with all of the available evaluation tools out there, but it is a good idea to do so for the most common web browsers. Just as accessibility software makes it easier for people with disabilities to navigate the Internet, these tools make it easier for developers to ensure accessibility from the start. When you think you've mastered it, go back through the Section 508 compliance checklist to ensure you've met every goal.
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