Navigating the New ADA Digital Accessibility Requirements: Everything You Need to Know

Quick Navigation Links:

• Historical Overview of the ADA
• The New Accessibility Rule
• The Requirements of the Rule
• Exceptions to the Rule
• Penalties for Not Complying with Digital Accessibility Rules
• What’s Ahead for Digital Accessibility?

Historical Overview of the ADA

The Americans With Disabilities Act of 1990, better known as the ADA, is a landmark civil rights law that was established to prohibit discrimination against individuals with cognitive and physical impairments in all areas of public life.

Before the ADA, there was a widespread belief that people born or afflicted with a cognitive or physical impairment were ill-equipped to participate in society. The fact that cognitive and physical impairments can and do affect most of us at some point in our lives (indeed, it is a natural part of the aging process) was given little consideration. Aging and disability were typically considered independent concepts from one another.

It wasn’t until the advent of the disability rights movement in the late 1960s that public opinion began to shift, owing to the organization of protests, sit-ins, and lobbying efforts by disability rights activists, who were themselves made up of people with varying impairments from all walks of life.

The push for a comprehensive federal law gained momentum in the 1980s with the introduction of the Americans with Disabilities Act in Congress. After years of debates and negotiations, President George H.W. Bush signed the ADA into law on July 26, 1990. The act is divided into five sections, referred to as “titles”:

• Title I: Employment
• Title II: State and local government services, including public transit
• Title III: Businesses open to the public
• Title IV: Telecommunications
• Title V: Other important requirements (how to implement the law, prohibition of retaliation, etc.)

Following the enactment of the ADA, there has been a notable shift in the perceptions and attitudes toward people with cognitive and physical impairments across nearly every major society and economy.

The transformation has made it necessary to periodically amend the ADA for relevance. The first such revision was the ADA AMENDMENTS ACT OF 2008 (ADAAA), which broadened the definition of “disability” to include things like chronic conditions, expanded the list of life activities inhibited by these impairments, and rejected U.S. Supreme Court precedent mitigating the effects of disability on account of medications and assistive devices.

The next revision did not come in the form of an update to the law’s text but 2022 technical guidance on web accessibility, clarifying that the ADA does in fact apply to websites and digital properties.

Then, on July 25, the eve of the 33rd anniversary of the Americans with Disabilities Act (ADA), the Biden administration released a Proclamation on the Anniversary of the Americans with Disabilities Act, reaffirming executive interest and pushing for renewed action.

The New Accessibility Rule

On April 24, 2024, the Federal Register, in partnership with the Department of Justice, published a unanimous final rule that updates Title II of the ADA (requirements for state and government services including public transit), to reference accessibility for websites and mobile apps. The rule recognizes the crucial role the internet plays in the functioning of people with physical and cognitive impairments when it comes to accessing government services, “like ordering mail-in ballots or getting tax information, that are quickly and easily available to other members of the public online. Sometimes, inaccessible websites and mobile apps can keep people with disabilities from joining or fully participating in civic or other community events like town meetings or programs at their child’s school.”

Combined with Section 508, which mandates digital accessibility in the procurement and establishment of digital services by the federal government, all U.S. government entities and services must now be accessible – full stop.

The Requirements of the Rule

If you do work for a local municipal or state government or act on behalf of someone who does (i.e., you are a vendor), you are impacted by this change. More specifically, the rule applies to all public entities at the state and local level, including government agencies, public schools and universities, courts, hospitals, libraries, parks departments, and transit authorities – covering any programs, services, and activities provided to the public via websites or mobile apps.

For all of the above, you need to (at minimum):

• Comply with level AA of the Web Content Accessibility Guidelines (WCAG) Version 2.1
• Ensure your websites and mobile applications meet these standards
• Ensure websites and mobile applications that are used by the government, but that may be created by a private company comply with these standards, too.
• Avoid the use of conforming alternate versions unless there is a legal or technical limitation that significantly “prevents” an app or website from becoming accessible. A conforming alternate version involves making two websites, one of which is accessible and another that is not.

The deadlines are variable. If you are:

• A state or local government that is made up of anywhere from 0 to 49,999 people, you have until April 26, 2027;
• A special district government, such as a limited-service local entity separate from a city or county, you also have until April 26, 2027;
• A state or local government that is made up of 50,000 or more people, you have until April 24, 2026;
• A school district, consult the size of the area you serve. For example, in the case of a county school district, look at that county’s population. If greater than 50,000, go with the 2026 deadline.

Unsure about the date by which you need to have implemented accessibility? Here are a few resources that might help.

• 2020 Census
• Small Area Income and Poverty Estimates
• Ada.gov Fact Sheet
• You can also call the ADA Information Line or reach out to a trusted digital accessibility partner like QualityLogic

Compliance may be certified by completing a voluntary product accessibility template (VPAT), which is called an ACR (accessibility conformance report) once it is filled out by a digital accessibility expert.

Exceptions to the Rule

In keeping with allotments for “undue burden,” there are some circumstances where compliance is not required. If the content is archived, not currently used, outdated, or repeated somewhere else, e.g., in the case of documents that exist in the hundreds and thousands across state websites, they might not have to be accessible due to the budget and time required in making them so. The same holds true for pre-existing social media posts. There is an exception to this exception: as soon as that document or post is modified, updated, or republished it does need to be compliant.

And remember, even if this exception does apply to your situation, you are still responsible for promptly providing the same information (in an accessible format) to any person with a cognitive or physical impairment who requests it.

Penalties for Not Complying with Digital Accessibility Rules

While the rule does not touch on consequences for failing to act, we can make assumptions predicated on previous cases. Knowingly failing to comply with the ADA has historically resulted in settlements and agreements to comply by a certain date. Federal law allows fines of up to $75,000 for the first violation (plus legal fees) and $150,000 for additional ADA violations. This excludes fines in place from state and local governments themselves.

Outside the courtroom, an inability to show that you meet the standards is a quick way to turn away customers and become ineligible for lucrative government contracts.

What’s Ahead for Digital Accessibility?

While the new DOJ rule has made significant strides and is one of the most important federal actions on web accessibility to date, there are still steps that need to be taken. For one, Title III of the ADA doesn’t explicitly apply to mobile apps and websites, meaning not all businesses are affected by the rule changes. Advocates will likely begin pushing toward the private sector.

Since the European Accessibility Act (EAA), Accessible Canada act (ACA), and proposed state regulations like California’s AB 1757 all impose requirements on entities and vendors that operate in those regions, the pressure is certainly mounting. Always ensure that you’re staying ahead of accessibility regulations.

Don’t know where to start? Let’s talk!