Understanding Americans with Disabilities Act Requirements and Best Practices
According to the ADA, a person with a disability has a physical or mental condition that significantly hinders their daily life skills. Therefore, ADA compliance is essential to providing an equitable world to people with disabilities because it ensures they can participate in our shared society. Yet the ADA requirements don't refer to every potential situation, including specific language concerning websites. Nonetheless, ADA accessibility guidelines from the government and courts continually help protect people with disabilities to the full extent of the law.
The Americans with Disabilities Act (ADA) of 1990 constitutes a series of protective measures for individuals with disabilities. This legislation was necessitated by the tendency of numerous businesses to only fulfill the bare minimum standards, coupled with the prevalent attitude among many business proprietors that the expenses associated with ensuring accessibility do not warrant the investment.
In addition, the ADA protects people with disabilities from discrimination and guarantees them equal opportunity in the public and private sectors.
For example, Title III impacts a business's customer service practices, which explains why accessibility legislation is commonly called ADA Title III. ADA Title III refers to public regions and public accommodations like schools, eating establishments, hospitality locations, physician facilities, retail outlets, museums, and every employment environment.
1. Employers must accommodate staff members with disabilities, including accessible entryways, restrooms, and proper office furniture and devices.
2. All business types must enable access to their services for customers with disabilities. In addition, they must provide "reasonable modifications" to their buildings, which accommodate people with disabilities, including:
Wheelchair ramps
Accessible restrooms
American Sign Language explanations
Service animal provisions
Businesses must meet these ADA compliance requirements:
Ramp access for wheelchairs and other mobility devices
Interface mechanisms for visually impaired
Interpretive devices for the hearing impaired or qualified interpreters
Service animal provisions
Physical access elements of the ADA are most familiar to the general public, including wheelchair ramps, smooth crosswalk transitions, and convenient parking spots. However, the law also applies to many overlooked aspects by people without disabilities.
Concerning website disability compliance, ADA legal standards require government and businesses to provide accessible reading alternatives for people with disabilities. Necessary online services must be accessible to everyone, just like a physical door. The law strives to empower all members of society to participate in our digital and physical spaces. Unfortunately, not everyone understands the importance of digital accessibility—especially those who've never been denied access because of a disability.
Websites didn't exist when the ADA became law in 1990, which explains why its original guidelines only describe physical spaces. Subsequently, this focus on physical space has caused much ambiguity on whether the legislation applies to the digital world and to what extent. Unfortunately, Congress hasn't updated or amended the ADA—still, the U.S. Department of Justice (DOJ) and federal district and circuit courts have stepped in and interpreted the law inclusively. This lack of clarity has resulted in many businesses and government agencies being found liable for inaccessible websites.
For decades, people with disabilities faced frequent discrimination regarding employment, housing, schooling, and other social functions. Historically, they generally didn't and couldn't get equitable treatment. So, not surprisingly, disability rights emerged around the same time as the American civil rights movement of the 1960s. These efforts continued into the 1970s when activists pressured Congress to encompass civil rights language for people with disabilities. As a result, The Rehabilitation Act of 1973 was passed, prohibiting discrimination against individuals with disabilities in the federal sector.
It's also important to note that the National Council on Disability, a crucial federal measure, wasn't formed until 1981. This group's policy proposal was the foundation of the ADA, which became law nine years later. Congress still needs to pass an amendment to the ADA. Independent bodies provide and update guidelines, and courts tend to accept these standards, making them close to de facto law.
Accessibility isn't just a disability rights concern for the DOJ—they also see it as a civil rights issue. Congress enacted the requirements for ADA compliance to ensure people with disabilities are treated equally to everyone else in society. As many ADA guidelines also include terms like discrimination, integration, and segregation, it's no coincidence that these words are in tandem with the civil rights movement.
Currently, the Web Content Accessibility Guidelines (WCAG), developed by the W3C, is the best standard cited by the U.S. Courts. In addition, other governments and independent accessibility organizations have created global standards that resemble WCAG.
Let's take a brief look into the five sections of the ADA so you can get a better picture of the law's intent.
Prevents companies, governments, and unions from discriminating against people with disabilities concerning employment practices. Affects any company with 15+ employees.
Applies to state and local government entities and public transportation. Ensures public and government services don't exclude people with disabilities.
Applies to privately-run organizations. Requires that spaces used for public services be accessible to people with disabilities. Includes eating establishments, educational facilities, corporate offices, etc.
Targets telephone and television access for people with hearing and speech disabilities. Requires telecommunications relay services and closed captioning for PSAs with federal funding.
Covers various ADA elements but primarily forbids retribution against anyone who pursues their ADA rights.
On April 24, 2024, the DOJ published a regulation applying to Title II of the ADA requiring state and local government websites and mobile apps to comply with WCAG 2.1 AA.
State and local entities covering areas with 50,000 or more people must comply by April 24, 2026, while those with less than 50,000 have until April 26, 2027. The rule sets a higher standard than the federal government's own requirements under Section 508, which mandates WCAG 2.0 AA compliance.
If a state or local government doesn't fully meet WCAG 2.1, Level AA, they might argue that the minor deviation is so insignificant it doesn't affect access for people with disabilities. However, this does not excuse them from making efforts to comply with the standards. They must prove that any noncompliance does not significantly affect accessibility to avoid violating the rule.
For example, a state's online renewal form that doesn't meet WCAG 2.1, Level AA can cause significant problems for users with manual dexterity disabilities, requiring more time and assistance to complete tasks, violating the DOJ's rule. Conversely, a minor deviation like a slightly lower color contrast ratio on a park information page might not prevent most users with vision disabilities from accessing the content, and the state could argue this does not constitute a violation.
Website requirements for ADA compliance is a serious matter for any responsible business owner, especially considering the proliferation of related lawsuits in recent years. And, although the ADA does not explicitly call out website requirements, the DOJ has proactively enforced web accessibility laws. Moreover, federal and state courts have ruled that the ADA and related state statutes apply to inaccessible websites.
The surge in website accessibility lawsuits is largely due to the increasing necessity of the internet for daily activities, requiring that digital spaces be accessible to people with disabilities. Additionally, the lack of specific regulatory guidelines under the ADA for web accessibility leaves room for legal challenges as organizations struggle to meet varied standards of compliance.
4,000+
Lawsuits in 2021
79% against retail/e-commerce
11,452
Peak in 2021
Steady climb from 2013
8,200+
Title III lawsuits
Second straight year (2023)
From 2013 to 2021, there was a steady climb in these cases, peaking at a significant 11,452 in 2021. Navigating this evolving landscape requires staying informed on ADA guidelines and proactively making web accessibility a priority.
The tips below will help you develop an ADA compatible website.
People with diminished mobility struggle to navigate websites with a mouse. Keyboard navigation enables users to scan and jump to content that matters most to them.
Alt text provides hearable image descriptions to screen-readers users with visual disabilities. It also helps users who turn off images due to sluggish internet connections and can positively impact SEO.
Identify labels clearly and provide visual cues for form fields. Users who rely on screen readers must know if their verifying information is valid or invalid.
End users who use keyboard navigation typically need more time to use a website. Implement measures that stop time-outs from disrupting the end-user experience.
Web pages crammed with too much visual content are among the most significant pain points for people with disabilities. Provide more open space and optimize color contrast.
Provide corresponding transcripts for audio-only content and captions for all video elements. You can also integrate sign language interpretation for people with hearing disabilities.
It's best to avoid flashing imagery that may trigger serious episodes for people with epilepsy or similar medical challenges.
EdgeAble.ai can help your website comply with the ADA, WCAG, and all other related standards. Our comprehensive accessibility solutions ensure all your new content conforms with legal regulations. At its core, accessibility is about opening your website to all end users, regardless of their abilities, because everyone should experience the digital world equally.
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