Web Standards Compliance Guide

What are Web Standards?

Web standards are technical specifications that ensure websites work consistently across different platforms, browsers, and devices. They promote accessibility, security, privacy, and interoperability while making the web maintainable and future-proof.

Active Enforcement Since 1990

The ADA has been actively enforced for over 30 years. Recent court decisions increasingly include websites, with DOJ lawsuits and private settlements becoming more common.

Technical Standards: WCAG 2.1 AA & Section 508

Section 508 Standards

Section 508 standards govern federal agencies and contractors. Updated in 2018, they now align closely with WCAG 2.0 Level AA, with some additional requirements for federal contexts.

Key Point: Section 508 is mandatory for federal agencies, while ADA compliance often references WCAG as best practice.

WCAG 2.1 Level AA

While not explicitly required by ADA, WCAG 2.1 Level AA is widely accepted as the standard for web accessibility. Content must be:

  • Perceivable: Information presented in ways users can perceive
  • Operable: Interface components must be operable by all users
  • Understandable: Information and UI operation must be understandable
  • Robust: Content must work with various assistive technologies

Who Must Comply?

US Coverage

ADA Title III applies to places of public accommodation, which increasingly includes websites.

Federal contractors and agencies must comply with Section 508. State and local governments have additional requirements under Title II.

Products and Services Covered:

  • E-commerce websites and mobile apps
  • Banking and financial services
  • Travel and transportation services
  • Digital kiosks and terminals
  • Consumer electronics interfaces
  • Smartphones and computers
  • Gaming consoles
  • Ticketing and vending machines

Exemptions

Small Business Considerations

While ADA doesn't exempt small businesses, courts may consider:

  • Size and resources of the business
  • Good faith efforts to improve accessibility
  • Readily achievable improvements
"Undue Burden" Defense

ADA allows defenses when compliance would:

  • Fundamentally alter the nature of the business
  • Create significant difficulty or expense
  • Not be readily achievable for the business size
Legal Protections
  • Good faith accessibility efforts and remediation plans
  • Documented compliance attempts and timelines
  • Regular accessibility audits and improvements
  • Staff training and accessibility policies

Penalties & Enforcement

Legal Consequences

Potential outcomes of ADA lawsuits include:

  • Damages: $75,000-$150,000 for first violations
  • Plaintiff attorney fees (often exceeding damages)
  • Court-mandated accessibility improvements
  • Ongoing monitoring and compliance audits

Example: Domino's Pizza legal battle reached the Supreme Court, establishing website accessibility precedent.

Enforcement: ADA is enforced through private lawsuits and DOJ actions. No government agency pre-approves compliance, making litigation the primary enforcement mechanism.

Implementation Steps
  1. Audit Current State: Conduct comprehensive accessibility audits to assess WCAG 2.1 AA compliance
  2. Focus on Critical Paths: Prioritize essential user journeys like purchasing, forms, and account management
  3. Create Accessibility Statement: Document your commitment and provide contact information for assistance
  4. User Testing: Include testing with actual users with disabilities
  5. Legal Documentation: Consider VPATs for federal contracts and document all remediation efforts
Take Action
Report Violation Official Resources
ADA Lawsuit Trends

11,000+

ADA website lawsuits filed in 2023