The Americans with Disabilities Act (ADA) is a comprehensive civil rights law that ensures individuals with disabilities have equal access and opportunities across various aspects of public life. Two key sections of the ADA—Title II and Title III—are particularly relevant to website accessibility.
Title II
Title II applies to state and local governments, requiring them to provide equal access to programs, services, and activities, which now explicitly includes digital offerings such as websites and web applications. Recent updates to Title II clarify that public entities must ensure their web content is accessible to people with disabilities, typically by conforming to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards. This marks the first time the WCAG guidelines are mentioned in the ADA. These changes further mark a significant step, as they directly address digital accessibility and set clear benchmarks for compliance.
Title III
Title III, on the other hand, covers places of public accommodation—such as businesses, nonprofits, and service providers open to the public—and prohibits discrimination on the basis of disability. Courts and the Department of Justice have interpreted Title III to require that websites and online services provided by these organizations be accessible. This means that businesses must remove barriers that prevent people with disabilities from accessing digital content, offering features like screen reader compatibility, keyboard navigation, and appropriate color contrast.
Together, Titles II and III establish a legal foundation for website accessibility, promoting inclusivity and reducing the risk of legal action for noncompliance.