ADA Website Accessibility: Title II Rule, Title III Risk and WCAG

ADA website accessibility refers to how the Americans with Disabilities Act applies to websites, web applications and mobile apps. The ADA, passed in 1990, prohibits discrimination against people with disabilities by state and local governments (Title II) and by businesses open to the public (Title III). Courts and the Department of Justice have long held that digital services are covered, and in April 2024 DOJ adopted a rule setting a specific technical standard, WCAG 2.1 Level AA, for state and local governments.

In April 2026, DOJ extended that rule's compliance dates by one year: to 26 April 2027 for entities serving 50,000 or more people, and 26 April 2028 for smaller entities and special districts. Businesses have no equivalent regulation but face thousands of lawsuits each year. This guide explains both titles, the rule's requirements and exceptions, the role of vendors, litigation risk, and how to make digital services accessible.

What does the ADA require for digital services?

The ADA requires covered entities to give people with disabilities equal opportunity to participate in and benefit from their services, programmes and goods, and to communicate effectively with them. As more services moved online, DOJ and courts applied these duties to websites and apps. A blind person who cannot use a city's online payment portal with a screen reader, or a deaf person who cannot follow an uncaptioned training video, may be denied equal access.

Title II: state and local governments

Title II covers public entities: state and local governments, their departments and agencies, public schools, colleges and universities, public transit, courts and special districts. On 24 April 2024, DOJ published a final rule (28 CFR Part 35, Subpart H) requiring web content and mobile apps that public entities provide or make available, directly or through contractors, to conform to WCAG 2.1 Level AA.

Entity	Original compliance date	Date after 2026 extension
Public entities with total population of 50,000 or more	24 April 2026	26 April 2027
Public entities with population under 50,000, and special district governments	26 April 2027	26 April 2028

The interim final rule published on 20 April 2026 extended the dates but did not remove the obligations or change the WCAG 2.1 AA standard. DOJ invited comments and indicated it may propose further revisions, so entities and vendors should watch for changes while continuing to prepare.

Exceptions under the Title II rule

The rule includes limited exceptions, each with conditions:

• Archived web content created before the compliance date, kept only for reference, research or recordkeeping, in a clearly marked archive area, and not altered after archiving.
• Preexisting conventional electronic documents, such as PDFs and word processing files posted before the compliance date, unless they are currently used to apply for, access or participate in services.
• Content posted by third parties not acting on behalf of the entity, such as public comments.
• Individualised, password-protected documents about a specific person, property or account, such as utility bills, which must still be made accessible on request.
• Preexisting social media posts made before the compliance date.

Even where an exception applies, entities must still provide effective communication and reasonable modifications when someone needs access. The rule also allows limited use of conforming alternate versions and equivalent facilitation, and addresses how minor non-conformance affects compliance.

What it means for vendors

The rule applies to content and apps that public entities provide "directly or through contractual, licensing, or other arrangements". If a city uses a vendor's permitting portal, a school uses a learning platform, or a transit agency uses a ticketing app, the public entity is responsible for its accessibility, and will require vendors to deliver conforming products. Vendors serving the public sector should expect accessibility clauses in contracts, requests for Accessibility Conformance Reports, testing by customers, and obligations to remediate issues.

Title III: businesses

Title III covers public accommodations: private businesses open to the public, such as retailers, restaurants, hotels, banks, healthcare providers, schools and entertainment venues. DOJ has not issued a technical regulation for websites under Title III, but its 2022 guidance states that businesses must make their websites accessible and points to WCAG as a helpful standard. Courts differ on some questions, such as whether a website must be connected to a physical location, but many plaintiffs succeed or obtain settlements requiring WCAG conformance, typically WCAG 2.1 AA.

Thousands of federal and state lawsuits over website and app accessibility are filed every year, many against retailers and e-commerce sites. Some states, such as California and New York, add claims under state law that can include statutory damages.

What e-commerce and SaaS businesses should do

For businesses, the most practical defence against Title III claims is to make key customer journeys accessible and keep evidence of ongoing effort. For an online store, that means product search and filtering, product pages, cart, checkout, account creation and customer support. For a SaaS product, it means sign-up, login, core workflows, billing and help content. Businesses should audit against WCAG 2.1 or 2.2 AA, fix high-impact issues quickly, add accessibility checks to development, train content editors, and review third-party components such as payment, chat and review widgets. Keeping records of audits, fixes and user feedback shows good faith if a complaint arrives. Businesses serving EU customers can align this work with the European Accessibility Act.

Is it mandatory or voluntary?

Mandatory. Title II entities must meet WCAG 2.1 AA by their compliance dates. Title III businesses must provide equal access, and while no specific technical rule exists, WCAG is the de facto benchmark in litigation and settlements. There is no certification.

The technical standard: WCAG 2.1 Level AA

WCAG 2.1 Level AA includes 50 success criteria grouped under four principles: perceivable, operable, understandable and the fourth principle covering compatibility with assistive technologies. They cover text alternatives, captions, colour contrast, resizing and reflow, keyboard access, focus visibility, timing, navigation, labels, error handling and compatibility with assistive technologies, plus mobile-related criteria such as orientation and input modalities. Conforming to WCAG 2.2 AA also covers WCAG 2.1 AA, which helps organisations serving the EU or federal agencies as well.

Common WCAG 2.1 AA failures

• Images, icons and buttons without meaningful text alternatives.
• Low colour contrast for text, placeholders and interface controls.
• Forms without labels, unclear required fields and errors announced only by colour.
• Menus, modals and carousels that cannot be used with a keyboard or trap focus.
• Missing or invisible focus indicators.
• Headings and landmarks that do not reflect page structure.
• Content that breaks when zoomed to 200 percent or viewed at narrow widths.
• Videos without captions and audio without transcripts.
• Dynamic updates, such as cart changes or form errors, not announced to screen readers.
• Time limits without warnings or the ability to extend.

Many of these issues come from a few shared components, so fixing the design system often resolves problems across an entire site.

Schools, colleges and universities

Public schools, community colleges and state universities are Title II entities, so learning management systems, course materials, admissions portals, library resources and video lectures fall under the rule. Course content is a large area: instructors post documents, slides and videos, and third-party publisher content is often used. Institutions are building processes to make new course materials accessible, remediate materials in current use, caption videos, and require vendors of learning platforms and digital textbooks to provide accessible products. Private institutions are generally covered by Title III and by Section 504 if they receive federal funding.

Handling requests and complaints

Even with good conformance, some users will meet barriers. Organisations should publish an accessibility statement that explains their commitment, the standard they aim for and how to report problems or request information in another format. Requests should be logged, acknowledged quickly and resolved within a reasonable time, with the underlying issue fixed for everyone where possible. A responsive process improves user experience and can reduce legal risk, because many disputes begin when a user cannot get help.

Accessibility overlays

Some vendors sell overlay widgets that claim to make websites compliant automatically. Disability advocates and many accessibility experts caution that overlays do not fix underlying code issues, can interfere with assistive technologies, and do not prevent lawsuits; businesses using overlays continue to be sued. The FTC has also acted against misleading claims by an overlay vendor. Real conformance requires accessible design and code.

How to comply, step by step

1. Inventory digital properties: websites, web apps, mobile apps, documents, videos and third-party services.
2. Audit against WCAG 2.1 AA with automated tools, manual review and assistive technology testing.
3. Prioritise high-traffic and critical journeys, such as applications, payments, account access and checkout.
4. Remediate issues in code, design system and content.
5. Fix documents in current use and set rules for new documents.
6. Caption and transcribe video and audio.
7. Update procurement to require accessible products and ACRs from vendors.
8. Train staff who publish content.
9. Publish an accessibility statement with a way to report problems and request alternatives.
10. Monitor with ongoing testing and periodic audits.

Documentation you will need

• Inventory of digital properties and owners.
• Accessibility audits and test results.
• Remediation plans and progress.
• Accessibility policy and statement.
• Vendor ACRs and contract clauses.
• Training records for content authors and developers.
• Records of accessibility requests and responses.

Enforcement

DOJ enforces Title II and Title III through investigations, compliance reviews, settlement agreements and lawsuits, and has reached many settlements requiring public bodies and businesses to make websites accessible, appoint coordinators, train staff and conduct regular audits. Individuals can file complaints with DOJ or bring private lawsuits. Under Title III, private plaintiffs can obtain injunctions and attorneys' fees, and state laws may add damages.

Timeline and cost considerations

Large public entities face the April 2027 deadline and should already be remediating. Remediation of a typical website can take weeks to months; complex portals and apps can take longer. Costs include audits, development, document remediation, captioning and training. Building accessibility into new projects costs far less than retrofitting.

Common mistakes

• Relying on overlays instead of fixing code.
• Ignoring PDFs and forms used to access services.
• Forgetting mobile apps, which the Title II rule explicitly covers.
• Assuming vendor products are accessible without testing.
• Treating the extension as a reason to pause preparation.
• Inaccessible third-party widgets such as chat, maps and payment forms.

Best practices, tools and technologies

• Use an accessible design system with tested components.
• Add automated accessibility checks to CI and content publishing workflows.
• Test key journeys with screen readers, keyboard only and zoom.
• Involve users with disabilities in testing.
• Require ACRs and accessibility warranties from vendors.
• Track accessibility issues like other defects with service levels.

We design and build accessible websites, portals and stores, and remediate existing ones, through our UI and UX design, web application development and e-commerce services.

How the ADA relates to other laws and standards

Law or standard	Relationship
WCAG	Technical standard; Title II rule adopts WCAG 2.1 AA.
Section 508	Federal agency ICT accessibility, using WCAG 2.0 AA.
European Accessibility Act	EU accessibility law applying to many private sector products and services since June 2025.
Section 504	Rehabilitation Act provision for federally funded programmes, with a 2024 HHS rule adopting WCAG 2.1 AA for recipients.
State laws	Laws such as California's Unruh Act add claims and damages.

Real-world example

A county with a population over 50,000 uses an Indian vendor's SaaS for permit applications and payments. With the April 2027 deadline approaching, the county requires an ACR and finds keyboard traps in the payment step and inaccessible PDF permit forms. The vendor fixes the payment flow, replaces PDFs with accessible web forms, adds captions to tutorial videos, and commits in the contract to WCAG 2.1 AA conformance with a 30-day remediation window for new issues. The county publishes an accessibility statement with a contact for requests.

Next steps

1. Confirm whether Title II or Title III applies.
2. Audit against WCAG 2.1 AA.
3. Fix critical journeys first.
4. Require accessible vendor products.
5. Monitor and publish an accessibility statement.

Frequently asked questions

Does the ADA apply to websites?

Yes. DOJ and courts apply the ADA to websites and mobile apps of public entities and businesses open to the public.

What standard does the Title II rule require?

WCAG 2.1 Level AA for web content and mobile apps of state and local governments.

When must state and local governments comply?

By 26 April 2027 for entities serving 50,000 or more people, and 26 April 2028 for smaller entities and special districts, after DOJ's April 2026 extension.

Is there an ADA regulation for business websites?

No specific Title III web regulation exists, but businesses must provide equal access and WCAG is the common benchmark in lawsuits.

Do accessibility overlays make a site ADA compliant?

No. Overlays do not fix underlying issues and businesses using them are still sued.

Are mobile apps covered?

Yes. The Title II rule explicitly covers mobile apps, and Title III claims also target apps, so native iOS and Android apps need the same attention as websites.

Are PDFs covered?

Yes, with an exception for preexisting documents not currently used to access services. Documents used to apply for or access services must be accessible, and new documents should be created accessibly from the start.

Are vendors responsible under Title II?

The public entity is responsible, including for content provided through contractors, so vendors are bound through contracts.

Does the 2026 extension change the requirements?

No. It only extends compliance dates; the WCAG 2.1 AA standard and obligations remain.

Is there an ADA accessibility certification?

No. Organisations show conformance through audits, remediation and documentation.

Should we target WCAG 2.1 or 2.2?

The Title II rule requires WCAG 2.1 AA, but targeting WCAG 2.2 AA covers it and also prepares for other laws and future updates.