While the ADA regulations don't mention websites, the U.S. Department of Justice frequently cites recommendations such as the Web Content Accessibility Guidelines (WCAG) 2.0 and 2.1 created by the World Wide Web Consortium (W3C), an international group that helps create and promote web standards. The WCAG highlight different criteria for making websites more accessible to people with disabilities, such as including captions for audio content and using high-contrast color schemes.

WordPress themes (and themes for other CMS platforms like Drupal) commonly have the generic “more accessible” and “WCAG 2.0” tags attached to them but you have to be extremely careful about buying them because these are more aspirational claims than reality.  Typically you’ll get a boost of accessible elements on your website but buying an accessible theme – premium or free – will not take care of everything for you.


Audio | Transcript Passed by Congress in 1990, the Americans with Disabilities Act (ADA) is the nation's first comprehensive civil rights law addressing the needs of people with disabilities, prohibiting discrimination in employment, public services, public accommodations, and telecommunications. EEOC was given enforcement authority for Title I of the Act, the employment discrimination provisions. Congress provided that Title I would not take effect for two years in order to allow the Commission time to develop regulations and technical assistance, time to conduct comprehensive public education programs on the new disability law, and time for employers to adjust to the new requirements.
The title III regulation was again revised on November 21, 2016, when Attorney General Loretta Lynch signed a final rule that further clarified a public accommodation’s obligation to provide appropriate auxiliary aids and services for people with disabilities.  The final rule provides that public accommodations that own, operate, or lease movie theaters are required to provide closed movie captioning and audio description whenever showing a digital movie that is produced, distributed, or otherwise made available with these features.  The final rule was published in the Federal Register on December 2, 2016, and took effect 45 days after publication, on January 17, 2017.

Several U.S. courts, including the United States Court of Appeals for the Ninth Circuit, have ruled that commercial websites, including those where people make online purchases, are bound by ADA regulations. The ADA calls for auxiliary aids in communication, which has been interpreted by courts as extending to online video captioning and website accessibility.

Web designers often design in such a way that does not allow the user to adjust font size or color. While they may be protecting their brand, they are also inhibiting some users. Many visually impaired need to use high contrast color settings or very large fonts to read a website. Don't design your website in a way that makes it impossible for them to do this. 


Courts have taken essentially the following position on the issue of whether websites are places of public accommodation: Website accessibility fulfills the spirit of the ADA by lowering the barriers for people with disabilities to participate in business and commerce. As such, commercial websites need to comply with ADA regulations. Judges have reached this conclusion in several high-profile cases, such as the National Federation of the Blind’s lawsuit against the Scribd digital library. As a result of this case, Scribd agreed to redesign its website to work with screen reader software by the end of 2017.
Courts have taken essentially the following position on the issue of whether websites are places of public accommodation: Website accessibility fulfills the spirit of the ADA by lowering the barriers for people with disabilities to participate in business and commerce. As such, commercial websites need to comply with ADA regulations. Judges have reached this conclusion in several high-profile cases, such as the National Federation of the Blind’s lawsuit against the Scribd digital library. As a result of this case, Scribd agreed to redesign its website to work with screen reader software by the end of 2017.
Predictable: Websites should operate in ways that are familiar and predictable. When a new page element is in focus, the website should not initiate a change of context such as opening a new window or going to a new page. In addition, the website should warn of user-initiated changes of context ahead of time, for instance through the use of a submit button. Navigation and labeling should remain consistent between different pages.
I have a membership website teaching martial arts. It is accessible only to people who pay a monthly membership fee. I recently had a gentleman in Malta ask if I could make more than 850 videos on the site accessible to him (he is visually impaired). That is an impossible task for a one-man business. If I understand this article correctly, my site is not required to be accessible?
The Americans with Disabilities Act (ADA) and, if the government entities receive federal funding, the Rehabilitation Act of 1973 generally require that state and local governments provide qualified individuals with disabilities equal access to their programs, services, or activities unless doing so would fundamentally alter the nature of their programs, services, or activities or would impose an undue burden.2 One way to help meet these requirements is to ensure that government websites have accessible features for people with disabilities, using the simple steps described in this document. An agency with an inaccessible website may also meet its legal obligations by providing an alternative accessible way for citizens to use the programs or services, such as a staffed telephone information line. These alternatives, however, are unlikely to provide an equal degree of access in terms of hours of operation and the range of options and programs available.
On September 15, 2010 the Department published final regulations revising the Department’s ADA regulations, including the adoption of updated ADA Standards for Accessible Design (2010 Standards).  The revised final rules went into effect on March 15, 2011.  Compliance with the 2010 Standards was required on March 15, 2012, except that compliance with the requirements in the 2010 Standards with respect to existing swimming pools was subsequently extended to January 31, 2013. (77 FR 30174 (May 21, 2012)).
The ADA has been criticized on the grounds that it decreases the employment rate for people with disabilities[48] and raises the cost of doing business for employers, in large part due to the additional legal risks, which employers avoid by quietly avoiding hiring people with disabilities. Some researchers believe that the law has been ineffectual.[49] Between 1991 (after the enactment of the ADA) and 1995, the employment rate of men with disabilities dropped by 7.8% regardless of age, educational level, or type of disability, with the most affected being young, less-educated and mentally disabled men.[50] Despite the many criticisms, a causal link between the ADA and declining disabled employment over much of the 1990s has not been definitively identified.[51]
It makes sense that everyone should have equal access to websites and online properties.  The Internet has become an integral part of our lives, where we go to shop, learn, do our banking, and socialize. The DOJ hasn’t determined what the final set of regulations for ADA compliant websites will be yet, but there are established guidelines and standards of accessibility that can be viewed on the ADA website. Once a website meets these accessibility standards it qualifies as ADA compliant.
In Robles v. Dominos Pizza LLC (Case No. 42 CV 16-06599 SJO (C.D. Cal. Mar. 20, 2017)), a federal court in California dismissed a class action lawsuit against Dominos, accepting the defandants due process defense.  In a nutshell, the court found Dominos does have to make accessibility accommodations but because the plaintiff was trying to hold them to technical standards that weren’t promulgated by law, the case was dismissed.

Section 503 prohibits employment discrimination based on disability and requires affirmative action in the hiring, placement and advancement of people with disabilities by federal contractors or subcontractors. Contractors and subcontractors that have a contract with the Federal Government for $10,000 or more annually must take affirmative action to employ and advance in employment qualified individuals with disabilities. In addition, in 2013 OFCCP, which enforces Section 503, published a Final Rule that strengthened this aspect of the Rehabilitation Act. The new rule set a "utilization goal" for people with disabilities as 7 percent of employees in each job category or 7 percent of the total workforce. These changes were implemented to help increase the employment of people with disabilities by companies that do business with the Federal Government.
Being one-third of the way into 2019, we opted to follow up on the 2018 discussion we had regarding ADA Website Compliance. Per last year, making sure your website is ADA compliant is significant in offering an equal opportunity for everyone to experience the products and/or services your business offers. An ADA compliant website also help prevent lawsuits and potential government action.
Develop a plan for making your existing web content accessible. Describe your plan on an accessible webpage, and encourage input on how accessibility can be improved. Let visitors to your website know about the standards or guidelines that you are using to make your website accessible. When setting timeframes for accessibility modifications to your website, make more popular webpages a priority.
The Americans with Disabilities Act (ADA) gives civil rights protections to individuals with disabilities that are like those provided to individuals on the basis of race, sex, national origin, and religion. It guarantees equal opportunity for individuals with disabilities in employment, public accommodations, transportation, State and local government services, and telecommunications.
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