Accessibility isn’t just about complying with laws, removing physical barriers, or even helping people with disabilities (PwDs)… it’s about including all people in all experiences. As digital spaces become increasingly integral to everyday life, ensuring that these spaces are accessible to everyone has become an ethical imperative.
For this reason, many United States (US) laws mandate digital accessibility (a11y). Currently, over 50 US web accessibility lawsuits are filed every week. Over 300% more digital accessibility lawsuits and legislation cases were documented in the last 10 years in the US. Compliance isn’t easy, but understanding the laws and their impact is the key to abiding by them.
Recognizing the importance of a11y regulations—government agencies, companies and organizations everywhere are looking into what they need to do to comply. This guide answers some of the most frequently asked questions about US digital accessibility laws.
- What US laws mandate digital accessibility?
- What states have their own digital accessibility laws?
- Who do US digital accessibility laws apply to?
- What digital properties do US laws cover?
- What are the risks of non-compliance?
- How can organizations get compliant?
- Which teams should be responsible for compliance?
What US laws mandate digital accessibility?
Many state and local laws mandate digital accessibility for any organizations with public-facing digital properties. However, the most widely applicable, well-known, and enforced federal laws are the Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973 (Rehab Act).
The Americans with Disabilities Act (ADA)
The ADA was designed to protect PwDs in public life. Within the ADA, Title II and Title III are particularly relevant to digital accessibility.
- Title II mandates that state and local governments, as well as state and local government-funded organizations, make their public accommodations—implicitly including digital properties—accessible to PwDs.
- Title III mandates that private companies and nonprofits make their public accommodations—implicitly including digital properties—accessible to PwDs.
On June 24th of 2024, the Department of Justice (DOJ) issued a final rule, applying Title II to cover all digital properties of state and local governments explicitly. The ruling went as far as to mandate compliance with Web Content Accessibility Guidelines (WCAG) 2.1 A and AA criteria specifically for these groups.
The Rehabilitation Act of 1973 (Rehab Act)
The Rehab Act prohibits discrimination based on disability in the federal sector. Within this act, Section 504 declares civil rights for PwDs, while Section 508 sets requirements for accessible technology. Both are particularly relevant to digital accessibility.
- Section 504 prohibits discrimination based on disability in any federal or federally funded organization receiving federal financial assistance.
- Section 508 requires federal and federally funded organizations to make their electronic and information technology accessible to PwDs. Section 508 was strengthened by the 21st Century Integrated Digital Experience Act (21st Century IDEA), which applies to the same groups and explicitly covers all digital properties.
Other federal laws that mandate digital accessibility for industry-specific or federally funded organizations include:
- 21st Century Communications and Video Accessibility Act of 2010
- Air Carrier Access Act (ACAA)
- Assistive Technology Act of 1998
- Individuals with Disabilities Education Act (IDEA)
- Section 255 of the Communications Act
In addition, Section508.gov includes an even more comprehensive list of IT accessibility-related federal laws and policies.
What states have their own digital accessibility laws?
Beyond federal and local government laws, a growing number of US states and municipalities have their own digital accessibility mandates. These ever-evolving laws often align with federal requirements but can include additional guidelines and enforcement mechanisms.
Organizations operating in these regions should be especially vigilant in ensuring compliance due to state-level laws and policies:
- Alabama
- Arizona
- California
- Colorado
- Connecticut
- Illinois
- Indiana
- Kansas
- Louisiana
- Massachusetts
- Minnesota
- Missouri
- New York
- Oklahoma
- Virginia
- Washington
California and New York are known to have some of the strictest a11y laws with high enforcement rates and larger numbers of lawsuits.
What digital properties do US laws cover?
Digital accessibility laws typically cover websites, mobile applications, digital platforms, documents such as PDFs, as well as all multimedia content. In its strictest interpretation, any public-facing digital property that provides information, services, or products to users is required to be accessible by federal law.
Who do digital accessibility laws apply to?
If your organization operates in the US and has a website, mobile application, digital platform, or assets that serve the public, US digital accessibility laws likely apply to you. Despite misconceptions, they can still apply to your organization whether or not it is:
- Government-affiliated or federally funded
- Selling digital products or services
- Enterprise-level in size
- Based in the United States
- Operating in states and municipalities with additional digital accessibility laws
However, if your organization meets any one or more of the criteria above, it is even more susceptible to the risks of non-compliance.
What are the risks of non-compliance?
Failing to comply with digital accessibility laws can lead to significant risks, including legal action, fines, and damage to your organization’s reputation. While financial penalties vary by region and level of non-compliance, non-compliance has cost companies like Target up to $6 million. Inaccessibility can also exclude a large portion of your audience.
How can organizations get compliant?
Different laws and US regions require different a11y standards. However, if all your digital properties are compliant with WCAG 2.1 AA criteria, you’re likely to be compliant with all US laws. If you’re unsure whether your properties are compliant, here are the steps you can take to get them on the right track and maintain compliance:
- Assess: Begin by conducting a full, manual WCAG audit of your digital assets. Your audit will help you understand where your assets stand and identify any areas that need remediation.
- Plan: As soon as you have the audit results, you can start remediation planning, prioritizing, and strategizing. You’ll need to figure out who’s responsible for what, which tools you’ll use, and how you’ll measure success.
- Implement: Once you’ve built your strategy, you need to put it into action. Start by addressing identified defects and training your teams on best practices. Then, get testing done by PwDs, verify fixes, and document progress.
- Monitor: Digital accessibility isn’t just a one-time project. It takes constant advocacy, attention and improvement to keep moving forward and never back. Combine automated scanning tools and regular manual testing to spot new issues as they arise. Provide continuous training to keep up with changing needs. Finally, shift left by integrating digital accessibility into every step of your design and development processes.
Which teams should be responsible for compliance?
Digital accessibility compliance should be a cross-functional effort, involving several key teams within your organization. Each of these groups plays a critical role in ensuring that your digital properties are accessible to everyone:
- Digital Accessibility & Inclusive Design
- User Experience (UX) & Design
- Product Management
- Marketing & Creative
- Information Technology (IT)
- Human Resources (HR)
- Legal & Compliance
Final Thoughts
The rise in US digital accessibility laws and enforcement is indicative of a global shift. Across nations, new legislation is passed every year, and any companies with customers outside the country must comply with the regulations of all the regions in which they operate as well.
As directives like the European Accessibility Act (EAA) go into effect in 2025 and require digital experiences to meet even stricter requirements than many US policies, companies with EU customers must hold themselves to an even higher standard.
As a result of such laws, companies everywhere are increasingly elevating their digital experiences, shifting left to support customers with disabilities, and gaining a competitive advantage in the process.
Get compliant. Stay compliant.
Every journey begins with an audit, but it doesn’t end there. Onward Search offers subscription and project-based a11y services, as well as staffing support, to help every step of the way. Explore our end-to-end solutions.
Request an audit or service.
Tell us what you need, and our team will be in touch to support you within 24 hours.
