The ADA statute identifies who is a person with a disability, who has obligations under the ADA, general non-discrimination requirements and other basic obligations. It delegates fleshing out those obligations to federal agencies. The agencies issue regulations and design standards. The regulations have the details on the rights of people with disabilities and responsibilities of employers, state and local governments, transportation providers, businesses and non-profit organizations. The design standards specify how many entrances need to be accessible, how many toilet rooms and the design for those elements.  To know what the ADA requires, you need to read the law, regulations and design standards.   

Government Code §11546.7 – The requirement that state agency heads certify, every two years, that their agency’s website meets the Web Content Accessibility Guidelines, Version 2.0 or a subsequent version, at Level AA or higher, and the requirements of Sections 11135 and 7405 of the Government Code. Created by AB 434 (Baker, Chapter 780, Statutes of 2017), and sometimes referred to as AB 434.

The ADA’s relationship with websites has been a complicated and often confusing story. The ADA does not explicitly address online compliance, even after undergoing several amendments in the far more web-oriented era of 2008. With no specific coverage under the law, it usually falls to the courts to determine how ADA standards apply to websites—or whether they do at all. 
The WCAG guidelines were updated from version 2.0 to 2.1 in June 2018. The updates in 2.1 cover changes in technology that have occurred since the previous version, and also address areas that were underrepresented in 2.0. What does this mean for you? Not a lot right now. The compliance level targeted is still WCAG 2.0 Level AA, and the 2.1 success criteria are in addition to those already existing in 2.0.

The ADA statute identifies who is a person with a disability, who has obligations under the ADA, general non-discrimination requirements and other basic obligations. It delegates fleshing out those obligations to federal agencies. The agencies issue regulations and design standards. The regulations have the details on the rights of people with disabilities and responsibilities of employers, state and local governments, transportation providers, businesses and non-profit organizations. The design standards specify how many entrances need to be accessible, how many toilet rooms and the design for those elements.  To know what the ADA requires, you need to read the law, regulations and design standards.  
So, without a clear set of accessibility regulations to comply with, how can you tell if your website is compliant? The best measure available is the aforementioned WCAG 2.0 Level AA guidelines. WCAG standards have been the guiding accessibility principle in the European Union and other countries since 1999, with the most recent update taking effect in Spring of 2018. While WCAG is a set of recommended actions rather than enforceable legislation, it forms the backbone of many online accessibility laws around the world and offers a strong model for any American organization striving to provide equal access for all users.

The Department has assembled an official online version of the 2010 Standards to bring together the information in one easy-to-access location.  It provides the scoping and technical requirements for new construction and alterations resulting from the adoption of revised 2010 Standards in the final rules for Title II (28 CFR part 35) and Title III (28 CFR part 36).
Most recently, however, pizza chain Domino's has been brought under suit for their website not being accessible for specialty ordering. The U.S. Supreme Court refused to review the case, instead upholding the decision of the 9th U.S. Circuit Court of Appeals who said the “alleged inaccessibility of Domino’s website and app impedes access to the goods and services of its physical pizza franchises—which are places of public accommodation.”
For close to seven years, since July of 2010, the United States Department of Justice (DOJ) has talked about issuing regulations specifically about web accessibility. At that time the US Department of Justice (DOJ) began developing accessibility guidelines for public websites under Title III of the Americans with Disabilities Act (ADA). On December 26, 2017, the Department announced that those regulations were officially withdrawn.
On July 26, 2010 (on the anniversary of the Americans with Disabilities Act) President Obama stated that ADA accessibility must also apply to the Internet. With that declaration, the Justice Department was tasked with setting rules for ADA accessibility for the Internet and websites. Since that time, the Justice Department has formulated recommended rules for ADA website accessibility. Those rules will soon be refined and officially released in the near future. Until then, there is a set of guidelines currently in place (http://www.w3.org/WAI/WCAG20/quickref) for websites to become ADA accessible. Even with these guidelines in place, many hospitality businesses have not yet complied with the guidelines. Now is the time to begin the process of making your current website ADA accessible or to consider a new website design that is ADA accessible.

The Department is evaluating whether promulgating regulations about the accessibility of Web information and services are necessary and appropriate. Such an evaluation will be informed by an additional review of data and further analysis. The Department will continue to assess whether specific technical standards are necessary and appropriate to assist covered entities with complying with the ADA.
"I’m a couple years away from retirement and have a very limited budget and after talking to some other web developers through thumbtack I quickly realized I was not going to be able to afford a website built by anyone but myself. Then I got a response from Jean Johson of B’yond Media telling I was chosen to get my free website. Crazy, is all I can think of. Why me, and is this too good to be true. But after speaking with Jean for awhile in the phone I soon realized that I was really going to be getting an awesome e-commerce site for free. I’m over the moon and have already started gather information for them for my site. They were a God send. I can’t think of anyone I would rather do my website free or not than Byond Media and Jean Johson as my project manager. You must give them a try. I’m sure you will be as happy as I am."

Currently, there is a safe harbor clause that allows your existing content to remain as it is, unless altered after January 18, 2018. However, the guidelines do pertain to any page that has been updated after that date. So if you want to avoid the legal costs of being found non-compliant with the ADA, it’s best to make the necessary changes to your website now.
The ADA’s relationship with websites has been a complicated and often confusing story. The ADA does not explicitly address online compliance, even after undergoing several amendments in the far more web-oriented era of 2008. With no specific coverage under the law, it usually falls to the courts to determine how ADA standards apply to websites—or whether they do at all. 
You are correct, ADA defines an “employer” as any person who is 1) engaged in an industry affecting commerce; 2) employes 15 or more full-time employees each work day; and 3) for at least 20 or more calendar weeks in the year. In the context of physical spaces, ADA would not apply to companies with fewer than 15 employees. However, courts don’t seem to have come to a consensus on what digital compliance really should look like. Because websites can be accessed anywhere in the country, small business owners might potentially face lawsuits in unfavorable jurisdictions. If you are a small business owner, I would recommend consulting with an accessibility lawyer and ask what they recommend.
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