Introduction

Inaccessible web content denies equal access to information for people with disabilities, similar to how physical barriers prevent access to buildings. As more services move online, ensuring web accessibility is crucial. The Americans with Disabilities Act (ADA) aims to make all spheres of life accessible to people with disabilities, including the web.

In this article, we will cover how the ADA works, its guidance on web accessibility, and the rules for accessibility of web content and mobile apps by state and local governments. This will include the applicability of these guidelines and how to comply with them.

Introduction to the ADA

The ADA is a landmark federal civil rights law that ensures people with disabilities are protected from discrimination in their everyday activities. Similar to other civil rights laws that prohibit discrimination based on race, color, sex, national origin, age, and religion, the ADA focuses explicitly on preventing discrimination against individuals with disabilities. It guarantees that people with disabilities have equal opportunities in employment, access to goods and services, and participation in state and local government programs.

The ADA protects individuals who:

• Have a physical or mental impairment that substantially limits one or more major life activities (for example, a mild allergy to pollen does not substantially limit major life activities)

• Have a history or record of such an impairment (for example, cancer in remission)

• Are perceived by others as having such an impairment (for example, scars from a severe burn)

The ADA is divided into five sections, known as titles, each outlining requirements for different types of organizations:

Title I: Employment

Title II: State and Local Government

Title III: Public Accommodations and Commercial Facilities

Title IV: Telecommunications

Title V: Miscellaneous Provisions

The general requirement for most of these titles is that the relevant entities they apply to must provide people with disabilities equal opportunities to access their goods, services, or anything else they offer (like employment opportunities).

Guidance on Web Accessibility and the ADA

This guidance was released on March 18, 2022, to describe how state and local governments and businesses open to the public can make sure that their websites are accessible to people with disabilities as required by the ADA. 

The guidance does not reflect the requirements for state and local governments published on April 24, 2024, which we will discuss later in this article.

1. Website Accessibility Barriers

People with disabilities use various assistive technologies, such as screen readers, captioning, and voice recognition software. Websites must be designed to avoid creating unnecessary barriers that prevent access to information and services. Some examples of such barriers include the following:

Poor color contrast: Difficult for people with limited vision or color blindness.

Use of color alone: Not accessible for color-blind individuals or screen reader users.

Lack of alt text on images: Users with visual disabilities cannot understand image content.

No captions on videos: Inaccessible for people with hearing disabilities.

Inaccessible online forms: Without labels, clear instructions, and error indicators.

Mouse-only navigation: Inaccessible for users who rely on keyboard navigation.

2. ADA Requirements for Web Content Accessibility

State and Local Governments: Title II of the ADA prohibits discrimination against people with disabilities in all state and local government services, programs, and activities. Governments must ensure effective communication, including online services like applying for absentee ballots, paying tickets or fees, filing reports or documents, registering for school programs, or applying for state benefits.

Businesses Open to the Public: Title III prohibits discrimination against people with disabilities by public accommodations, requiring full and equal enjoyment of goods, services, and facilities. Examples of public accommodations include retail stores, banks, hotels and motels, medical offices, food establishments, theaters and sports arenas, and the like.

3. How to Make Web Content Accessible

Businesses and governments can ensure web accessibility by following existing technical standards like the Web Content Accessibility Guidelines (WCAG) and Section 508 Standards. There is flexibility in how you approach this, but accessibility must be ensured. 

Note: This flexibility is no longer available for local and state governments. Check the next section of the article for more details. We also recommend that businesses check it as it could soon apply to them.

Key practices covered in these guidelines include:

Color contrast: Ensure sufficient contrast between text and background.

Text cues with color: Use text cues alongside color indicators.

Alt text for images: Provide descriptive text alternatives for images.

Video captions: Include synchronized captions in videos.

Accessible forms: Use labels, keyboard access, and clear instructions.

Text size and zoom: Allow zoom capability for better visibility.

Headings: Use visual and coded headings for navigation.

Keyboard navigation: Ensure the website can be navigated using a keyboard.

Accessibility checks: Use both manual checks and automated tools.

Report accessibility issues: Provide a way for users to report problems.

There are many resources available on web standard references for best practices.

4. Enforcement

Web accessibility for people with disabilities is a priority for the Department of Justice (DOJ), ensuring the ADA keeps pace with technological advancements. The DOJ enforces web accessibility under the ADA, ensuring businesses and governments comply with accessibility requirements. Since 1996, several cases have been filed against various entities for non-compliance with Titles II and III.

ADA Update: Web and App Rules for Government Bodies

On April 24, 2024, the Federal Register published the DOJ’s final rule updating Title II regulations of the ADA, detailing requirements for making web content and mobile applications accessible to people with disabilities. As a reminder, Title II of ADA ensures state and local governments make their services, programs, and activities accessible to people with disabilities, including online and mobile services. 

1. Need for the Rule

The DOJ set specific requirements for web and mobile app accessibility to ensure people with disabilities can access state and local government services, programs, and activities provided online. 

Inaccessible websites and apps can create significant barriers, such as preventing individuals who are visually impaired from obtaining critical information when the alternative text for images is missing. These barriers hinder the ability of people with disabilities to access essential services, participate in civic activities, and engage in community events. 

The new rule aims to eliminate these obstacles and provides clearer guidelines for state and local governments to comply with the ADA.

2. Applicability 

The new rule applies to all state and local governments, special purpose districts, Amtrak, and other commuter authorities. Contractors providing public services must also comply. In short, all entities covered by Title II of ADA must follow the new rule.

Does this mean private businesses are off the hook? While it is true that they fall under Title III, from a legal perspective, the requirements for web accessibility under Title III are currently unclear. However, the accessibility industry widely anticipates that the technical requirements applied to Title II will soon extend to Title III. This would mean that private organizations would also need to comply with these new guidelines for both web content and mobile apps. 

Since the previous guidance was also released for both Titles II and III, it is better to start thinking about how to meet the requirements for this new rule in all your digital content in case it gets extended to Title III.

3. Requirement: Adherence to WCAG 2.1, Level AA

The rule mandates that state and local governments must follow the Web Content Accessibility Guidelines (WCAG) Version 2.1, Level AA. Developed by the World Wide Web Consortium, WCAG provides comprehensive guidelines for web accessibility, including requirements for captions on videos and other accessibility features. This technical standard ensures that governments meet their existing obligations under Title II of the ADA for web and mobile app accessibility.

State and local governments' web content and mobile apps must generally comply with WCAG 2.1, Level AA. This includes content provided or made available through arrangements with third parties. For example, if a county website lists addresses and hours for a park, this information must meet WCAG 2.1, Level AA, even if created and managed by a local web design company. Similarly, a city mobile app for paying for public parking must comply with WCAG 2.1, Level AA, even if operated by a private company.

4. Exceptions to the Rule

The rule provides limited exceptions where specific content does not need to meet WCAG 2.1, Level AA. These exceptions include:

Archived Web Content: Content created before the compliance date, kept for reference or recordkeeping, kept specifically in an area for archives, and not updated since archiving.

Preexisting Conventional Electronic Documents: Word processing, presentation, PDF, or spreadsheet files available before the compliance date.

Third-party Content: Content posted by third parties, not under contractual arrangements with the government.

Individualized, Password-protected Documents: Personal documents like water bills that are secured and specific to an individual.

Preexisting Social Media Posts: Social media posts made before the compliance date.

Each exception has specific criteria that must be met. For example, archived web content must meet all four outlined points to qualify for the exception.

5. Compliance

The rule provides different compliance dates based on the size of the state or local government:

0 to 49,999 persons and Special District Governments: April 26, 2027.

50,000 or more persons: April 24, 2026.

Governments must ensure ongoing compliance with WCAG 2.1, Level AA beyond these dates. 

In limited situations, minor non-compliance with WCAG 2.1, Level AA that does not impact access may not constitute a violation. However, governments cannot use this provision to avoid full compliance. Under “equivalent facilitation,” governments may use alternative guidelines if they can prove they provide equal or better accessibility. It also does not prevent them from complying with WCAG at a higher level than WCAG 2.1 Level AA.

For detailed guidance, visit the full rule in the Federal Register or check the official fact sheet.

Get ADA Compliant with Walturn

At Walturn, we integrate ADA compliance into our product engineering services to ensure your digital solutions meet essential data protection standards. By partnering with us, you can confidently address ADA requirements while focusing on your core business objectives. Reach out to us to enhance your products with built-in compliance and data security.

Conclusion

The ADA plays a crucial role in ensuring that individuals with disabilities receive equal treatment and opportunities in various areas of life. Ensuring digital accessibility is essential for creating an inclusive online environment for people with disabilities. By adhering to the ADA's guidelines and the updated requirements for state and local governments, organizations can provide equal access to essential services and information. Compliance with WCAG 2.1 Level AA standards is a significant step towards achieving this goal for government entities and an anticipatory provision for private businesses under Title III.