ADA Website Compliance
What is the ADA?
ADA stands for the Americans with Disabilities Act, first introduced in the United States in 1990. It aims to prohibit discrimination against people with disabilities and provide equal access to various aspects of public life. It applies to all public authorities, as well as public and private organizations serving or doing business in the U.S.
Title II and Title III of the ADA requirements state that businesses and government services open to the public must be accessible. The law does not specifically explain how that should be applied to websites, but the ADA does expect reasonable action to be taken. According to the ADA, companies “still must ensure that the programs, services, and goods that they provide to the public—including those provided online—are accessible to people with disabilities.”
What happens if your
website isn’t ADA compliant?
Because there is no explicit mention of features a website must have to comply with the ADA, it can be challenging to pinpoint specific accommodations. However, the U.S. federal government relies on WCAG as a standard for the ADA, so adhering to WCAG recommendations will establish legal compliance.
Non-compliance is a significant legal violation and can result in fines and lawsuits because ADA laws are regularly enforced in the U.S. If you have your first ADA compliance violation, the fine may range between $50,000 and $75,000. For a second violation, the penalty increases to about $150,000.
What is the Difference Between ADA Compliance and Section 508 Compliance?
Two laws cover accessibility in the United States. While there is overlap, the difference between the ADA and Section 508 is who they apply to. The ADA laws and regulations cover private businesses and certain government entities. Section 508 of the Rehabilitation Act applies to all government departments and organizations funded by federal agencies. This means that between the two, almost every public-use website will fall under accessibility compliance guidelines.