ADA Website Compliance Guide
A comprehensive overview of how the Americans with Disabilities Act applies to websites, the legal landscape driving enforcement, and the concrete steps you can take to reduce risk and build an inclusive digital experience.
What Is the ADA?
The Americans with Disabilities Act (ADA) is a landmark civil rights law signed into law on July 26, 1990. Its core purpose is to prohibit discrimination against individuals with disabilities in all areas of public life, including employment, education, transportation, and access to public and private places that are open to the general public. The ADA was modeled after the Civil Rights Act of 1964, which prohibits discrimination based on race, color, religion, sex, or national origin, and extends similar protections to people with physical and mental disabilities.
The law is organized into five titles. Title I covers employment and requires employers with 15 or more employees to provide reasonable accommodations. Title II applies to state and local government services, programs, and activities. Title III addresses public accommodations and commercial facilities operated by private entities, such as restaurants, hotels, retail stores, and medical offices. Title IV regulates telecommunications, and Title V contains miscellaneous provisions including anti-retaliation protections.
When the ADA was enacted, it was written with physical spaces in mind. The law references ramps, doorways, signage, and other physical infrastructure. Websites and digital technology did not feature in the original statute. However, as the internet became central to commerce, government services, and daily life, courts and regulators began interpreting the ADA's broad non-discrimination mandate to encompass digital experiences as well.
Does the ADA Apply to Websites?
The short answer is: increasingly, yes. While the ADA does not explicitly mention websites or digital content, two of its titles have been applied to the digital realm through regulatory action and judicial interpretation.
Title II — State and Local Government
Title II requires that state and local government entities make their services, programs, and activities accessible to people with disabilities. In April 2024, the Department of Justice (DOJ) published a final rule under Title II that formally requires state and local governments to make their websites and mobile applications conform to WCAG 2.1 Level AA. This rule provides clear, enforceable technical standards for the first time and includes compliance deadlines based on the size of the government entity. Large entities (populations of 50,000 or more) have until April 2026, while smaller entities have until April 2027.
Title III — Public Accommodations
Title III prohibits discrimination by private businesses that qualify as “places of public accommodation.” The DOJ has consistently taken the position that websites of businesses that are public accommodations must be accessible. In 2022, the DOJ issued formal guidance stating that the ADA applies to web content of public accommodations, though it stopped short of issuing a binding regulation with specific technical standards for the private sector. Courts have increasingly agreed. The majority of federal circuits now hold that websites with a sufficient nexus to a physical place of public accommodation—or, in some circuits, even standalone websites—fall within the scope of Title III.
The practical takeaway is that if your organization operates a website that offers goods, services, or information to the public, there is substantial legal risk in leaving that website inaccessible. The trend in both enforcement and litigation is firmly in the direction of treating websites as covered under the ADA.
Key Court Rulings
Several federal court decisions have shaped the current legal landscape for website accessibility under the ADA. While no Supreme Court ruling has definitively resolved whether all websites are covered, the trend across circuit courts is clear.
Robles v. Domino's Pizza LLC (9th Circuit, 2019)
Guillermo Robles, a blind man, sued Domino's Pizza after he was unable to order food through the company's website and mobile app using a screen reader. The Ninth Circuit ruled that the ADA applies to Domino's website and app because they serve as a gateway to the services of a physical place of public accommodation. The court also rejected Domino's argument that the absence of specific DOJ regulations for websites meant the ADA could not apply, holding that the ADA's broad non-discrimination mandate was sufficient. The Supreme Court declined to hear the case in October 2019, letting the Ninth Circuit's decision stand.
Gil v. Winn-Dixie Stores (11th Circuit, 2021)
Juan Carlos Gil, who is legally blind, sued the grocery chain Winn-Dixie after encountering accessibility barriers on its website that prevented him from accessing the store's coupon program and prescription refill services. The Eleventh Circuit reversed the lower court's decision, holding that Winn-Dixie's website was not itself a place of public accommodation and that the plaintiff had not demonstrated that the website's barriers prevented him from accessing the physical stores. This decision created a circuit split, as the Eleventh Circuit took a narrower view than other circuits on when websites fall under Title III.
Acheson Hotels v. Laufer (Supreme Court, 2023)
This case reached the Supreme Court on the question of whether a self-described “tester” plaintiff had standing to sue a hotel for failing to provide accessibility information on its website, even if she had no intent to visit the hotel. The Court ultimately dismissed the case as moot after the plaintiff voluntarily withdrew her claims, leaving the standing question unresolved. However, the case highlighted growing concerns about serial plaintiffs in ADA digital accessibility litigation and signaled that the Court may eventually take up broader questions about ADA application to websites.
ADA Digital Accessibility Lawsuit Statistics
ADA-related digital accessibility lawsuits have surged over the past decade, making website accessibility not just an ethical imperative but a significant legal and financial risk. Understanding the trends helps organizations prioritize remediation efforts.
4,000+
Federal ADA digital lawsuits filed in 2023
~20%
Year-over-year growth in filings
$50K–$150K
Typical settlement range
The industries most frequently targeted include e-commerce and retail, food service and restaurants, hospitality and travel, healthcare, banking and financial services, and entertainment. These sectors are targeted because they serve large consumer populations and their websites are integral to how customers interact with their businesses. Plaintiffs' attorneys often focus on businesses whose websites have obvious, easily documented barriers such as missing alt text on product images, inaccessible checkout flows, or video content without captions.
A significant portion of these lawsuits are driven by serial plaintiffs and a relatively small number of law firms that specialize in ADA digital accessibility litigation. Some individual plaintiffs have filed hundreds of lawsuits. While courts and legislatures have begun scrutinizing these practices—as illustrated by the standing questions raised in Acheson Hotels v. Laufer—the volume of filings continues to grow. For most businesses, the cost of defending even a meritless lawsuit ($10,000–$50,000 or more in legal fees) far exceeds the cost of proactively making a website accessible.
Beyond federal lawsuits, many states have their own accessibility requirements. New York, California, and Florida account for the majority of filings. Some states, such as California under the Unruh Civil Rights Act, allow for statutory damages that can add up quickly across multiple violations. Demand letters that never result in a filed lawsuit are also common and are not captured in the statistics above, meaning the true scope of enforcement activity is even larger.
WCAG as the De Facto Standard
The Web Content Accessibility Guidelines (WCAG), published by the World Wide Web Consortium (W3C), are the most widely recognized technical standard for web accessibility. WCAG defines three conformance levels: A (minimum), AA (mid-range, the most commonly referenced target), and AAA (highest). While the ADA itself does not name a specific technical standard, WCAG has emerged as the benchmark that regulators, courts, and industry consistently use.
For the private sector under Title III, there is no formal federal regulation that mandates a specific version of WCAG. However, the DOJ, in its guidance, settlement agreements, and consent decrees, has repeatedly referenced WCAG 2.0 and 2.1 at the AA conformance level as the appropriate standard. Virtually every ADA website accessibility settlement in recent years has required the defendant to conform to WCAG 2.0 AA or WCAG 2.1 AA. Courts have likewise pointed to WCAG as the standard against which accessibility should be measured.
For state and local governments under Title II, the picture is now more definitive. The DOJ's April 2024 final rule formally adopts WCAG 2.1 Level AA as the required technical standard for government websites and mobile applications. This is the first time a specific version of WCAG has been codified in a federal regulation under the ADA.
Best Practice: Target WCAG 2.2 AA
WCAG 2.2, published in October 2023, is the latest version of the standard. It adds nine new success criteria focused on improving accessibility for users with cognitive and learning disabilities, users with low vision, and users of mobile devices. While no regulation currently requires WCAG 2.2 specifically, targeting the latest version ensures your site meets the most current understanding of accessibility best practices and positions your organization well for future regulatory updates. WCAG 2.2 is backward-compatible with 2.1 and 2.0, so meeting 2.2 AA automatically satisfies earlier versions.
Steps to Comply with ADA Website Requirements
Achieving and maintaining ADA website compliance is an ongoing process, not a one-time project. The following steps provide a practical roadmap for organizations at any stage of their accessibility journey.
- 1
Audit Your Current State
Begin with a thorough audit of your website against WCAG 2.1 AA (or 2.2 AA) success criteria. Use a combination of automated scanning tools and manual testing to identify barriers. Automated tools can catch approximately 30–40% of WCAG issues—primarily those related to code quality such as missing alt text, insufficient color contrast, and missing form labels. Manual testing is needed to evaluate more nuanced requirements like keyboard navigation flow, screen reader compatibility, and meaningful content structure.
- 2
Fix Critical Issues First
Prioritize remediation based on the severity and reach of each issue. Start with barriers that prevent users from completing core tasks—such as navigating the site, filling out forms, completing purchases, or accessing essential content. Issues that affect the most users or the most critical user journeys should be addressed before cosmetic or low-impact improvements. Document your remediation plan and progress so that you can demonstrate good faith if challenged.
- 3
Train Your Team
Accessibility is not solely a development concern. Designers need to understand color contrast requirements and focus states. Content creators need to write meaningful alt text and use proper heading structures. Project managers need to include accessibility requirements in acceptance criteria. Invest in training across roles so that accessibility is built into your workflow rather than bolted on at the end.
- 4
Publish an Accessibility Statement
An accessibility statement is a public page on your website that outlines your commitment to accessibility, the standard you are targeting (e.g., WCAG 2.2 AA), known limitations, and how users can report issues or request accommodations. While not legally required in all jurisdictions, an accessibility statement demonstrates good faith, provides a feedback channel, and is recommended by the W3C. Many settlement agreements require organizations to publish and maintain one.
- 5
Set Up Ongoing Monitoring
Websites are not static. Every new feature, content update, or design change can introduce new accessibility barriers. Automated monitoring tools can continuously scan your site and alert you to regressions. Integrate accessibility checks into your CI/CD pipeline so that issues are caught before they reach production. Regular automated scans also create an audit trail that demonstrates ongoing diligence.
- 6
Plan for Manual Testing
Automated tools are essential but insufficient on their own. Schedule periodic manual testing with assistive technologies such as screen readers (NVDA, JAWS, VoiceOver), keyboard-only navigation, and screen magnifiers. Where possible, include users with disabilities in your testing process. Usability testing with real users provides insights that no automated tool can replicate and helps you understand the lived experience of navigating your site with a disability.
How to Check Your Site for ADA Compliance
The most effective approach to checking your website for ADA compliance combines automated scanning with manual review. Automated tools are the fastest way to get a baseline understanding of your site's accessibility posture. They can scan hundreds of pages in minutes and flag common issues like missing alternative text, insufficient color contrast ratios, empty links, missing form labels, and improper ARIA attribute usage. While automated tools cannot catch every issue, they provide a valuable starting point and help you prioritize remediation.
After automated scanning, pair the results with manual testing. Navigate your site using only a keyboard to ensure all interactive elements are reachable and operable. Test with a screen reader to verify that content is announced correctly and in a logical order. Check that dynamic content—such as modals, dropdown menus, and form validation messages—is properly communicated to assistive technologies. Review your content for plain language, consistent navigation, and meaningful link text.
For enterprise organizations, consider creating a Voluntary Product Accessibility Template (VPAT) or Accessibility Conformance Report (ACR). These standardized documents detail how your product conforms to accessibility standards and are often requested during procurement processes, especially by government agencies and large corporations. A current VPAT demonstrates maturity in your accessibility program and can be a competitive advantage.
Start with a Free Accessibility Scan
Enter your website URL below to get an instant accessibility report. CompliaScan checks your site against WCAG 2.2 criteria and identifies issues that could put you at risk for ADA-related claims.
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WCAG 2.2 Guide
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How to Audit
A step-by-step guide to conducting a comprehensive web accessibility audit for your organization.