California accessibility compliance, explained
California has numerous accessibility laws designed to increase accessibility and usability for individuals with disabilities. Below, we’ll cover everything you need to know about staying compliant with California accessibility laws.
California has long been a leader in advancing accessibility, implementing numerous laws that protect and enhance the rights of individuals with disabilities in physical and digital spaces. Businesses or organizations operating in California must meet accessibility laws, including the Americans with Disabilities Act (ADA), Section 508 of the Rehabilitation Act, and others.
Below, we’ll discuss each of the web accessibility laws in place in California, their requirements, and how organizations can ensure their digital content is compliant with them.
What is ADA Website Compliance in California?
ADA website compliance in California requires that websites meet accessibility standards to ensure they’re accessible and usable by individuals with disabilities. California accessibility laws align with the ADA requirements, which mandate equal access to public spaces, including digital platforms (as stated by the U.S. Department of Justice).
More simply, businesses, government agencies, and other organizations operating in California must ensure their physical locations are accessible to individuals with disabilities. This requires accessible parking, Braille signage, wheelchair ramps, and accessible restrooms. Websites are also required to be accessible and navigable for users with visual, auditory, cognitive, or physical disabilities or impairments. To be considered compliant, organizations must adhere to the standards outlined in the Web Content Accessibility Guidelines (WCAG).
What are the Web Accessibility Laws in California?
California is one of the most advanced states in the U.S. when it comes to ensuring equal rights for people of all physical abilities. California has supplemented federal laws (Section 508 of the Rehabilitation Act and the ADA) with its own state-level legislation to prevent discrimination against individuals with disabilities.
The web accessibility laws in California include:
- Section 508 of the Rehabilitation Act
- The Unruh Civil Rights Act
- California Assembly Bill (AB) 434
- California AB 1757
We’ll cover each of those in more detail below.
What is Section 508?
Section 508 is a federal law that requires all electronic and information technology (EIT) developed, procured, maintained, or used by federal agencies to be accessible to individuals with disabilities. It’s designed to ensure individuals with disabilities, including those who use assistive technology like screen readers or keyboard commands, can access the same digital content as everyone else. Section 508 uses WCAG as its framework for compliance.
In California, Section 508 compliance extends beyond federal agencies. State and local governments (and public sector organizations) are expected to meet these standards, especially when using federal funding or providing services to the public.
Most organizations in California voluntarily adhere to the accessibility standards in Section 508 as a best practice to ensure inclusivity and avoid potential legal risk under related laws, including the ADA.
What is the Unruh Civil Rights Act?
Enacted in 1959, California Civil Code §51 is more commonly known as the Unruh Civil Rights Act after its author, Jesse M. Unruh. The act stipulates that “all persons within the jurisdiction of [the state of California] are entitled to full and equal accommodations in all business establishments regardless of their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, or sexual orientation.”
The Unruh Civil Rights Act was updated in 1992 to include people with disabilities in the list of those entitled to full and equal accommodation. At the same time, the act adopted the standards set by the ADA, so that failure to be ADA compliant also equals failure to comply with Unruh — a fact repeatedly confirmed by California judges.
Many U.S. courts have consistently ruled that websites are included among these places of public accommodation. This was tested at the highest level in 2019, when the U.S. Supreme Court denied a petition from Domino’s Pizza, letting stand the two lower court rulings that the ADA does indeed apply to website accessibility.
What is California Assembly Bill 434?
Effective July 2019, California AB 434 requires all state agencies and entities’ websites to be accessible to users of all abilities. Specifically, all state agencies in California and any contractors working for them must ensure their websites conform to Level AA standards of WCAG 2.0 or a subsequent version. Level AA is the goal most organizations aim for, as some elements of Level AAA conformance are unlikely to be achievable in practice.
Additionally, under AB 434, all state agencies in California must display on their home pages a signed certification that their digital content conforms to Level AA of WCAG 2.0.
California AB 434 and Title II of the ADA
Title II of the ADA applies specifically to state and local government entities throughout the U.S., prohibiting discrimination on the basis of disability in all services, programs, and activities provided to the public. Like California AB 434 and Section 508, Title II of the ADA enforces the accessibility standards included in WCAG as the benchmark for measuring compliance.
What is California AB 1757?
California AB 1757, also known as the Accessibility for All Californians Act, is currently under review in the California State Legislature. If passed, it would mandate that websites and mobile apps providing goods or services comply with WCAG 2.1 Level AA. It would also extend the requirements to third-party developers, holding them accountable for creating inaccessible online resources.
The bill builds on the accessibility standards included in the California Unruh Act, which prohibits discrimination based on disability but has historically lacked clarity in applying to digital spaces. By explicitly requiring digital platforms to meet accessibility standards, AB 1757 seeks to bridge this gap, providing clear pathways for legal recourse while encouraging businesses to prioritize digital accessibility
What is the Risk of Non-Compliance?
Over the years, the number of accessibility lawsuits in California has increased — particularly for violations under the Unruh Act — reaching above 1,500 as of June 2024. For businesses, a digital accessibility lawsuit means not only the risk of $4,000 in statutory damages for each violation but also the potential for far more significant time, cost, and reputational damage involved in defending an accessibility lawsuit.
Businesses in California that comply with the Unruh Civil Rights Act (and, by extension, with Title III of the ADA) benefit not only from reduced legal risk but also from significant improvements in user experience and the ability to reach much larger audiences. In the U.S., more than 70 million adults live with a disability; worldwide, people with disabilities control an annual disposable income of more than $13 trillion. Businesses can, therefore, potentially achieve a considerable return on their investments in website accessibility.
For state and local government organizations, compliance with (as applicable) California AB 434, Section 508, and Title II of the ADA means reduced legal risk, improved ability to attract and retain the most talented employees regardless of physical ability, and enhanced ability to deliver services to all users.
How Can I Make My Website Compliant with California Accessibility Laws?
Organizations in California face the burden of compliance with federal and state laws around web accessibility. But the good news is that the technical requirements for all these pieces of legislation boil down to achieving substantial conformance to Level AA standards of WCAG 2.0 or subsequent versions.
Some of these success criteria include:
- Adding alt text to all non-text content, including images, graphs, charts, etc.
- Including captions and transcripts for all audio and video content.
- Ensuring good color contrast between foreground and background elements.
- Using descriptive text on hyperlinks and buttons.
- Ensuring compatibility with assistive technology, including screen readers.
- Keeping navigation consistent across web pages.
- Clearly labeling forms, buttons, and inputs.
To assess your website’s performance on the four principles of WCAG accessibility, you need to conduct extensive testing — not just once but on an ongoing basis whenever the content or structure of your website changes.
Free accessibility tools can help, but they can only identify common accessibility issues. Many WCAG success criteria are subjective, meaning you need to bring human expertise and judgment into the equation. These accessibility experts can help you find and fix more complex accessibility issues that automation might miss.
Make Compliance with California Laws Easy
California’s commitment to accessibility has made the state a leader in creating inclusive digital experiences through a combination of federal and state laws. By addressing gaps and clarifying accessibility standards, laws like the Unruh Civil Rights Act and AB 434 aim to ensure all users have equal access to digital platforms for individuals with disabilities.
With AudioEye, meeting accessibility requirements, including those enforced in California, is simple, easy, and cost-effective. Our powerful accessibility platform combines automation and human-assisted AI technology to find and fix digital accessibility issues. We take a three-pronged approach to accessibility, using AI-driven technology, Expert Audits from the disability community, and accessibility testing during the development process to create accessible and compliant digital content.
AudioEye’s Assurance also provides you with peace of mind, offering legal protection that’s up to 400% better than consulting or automation-only approaches.
Ready to start your path to more inclusive and compliant digital content? Get started with a free accessibility scan. Or schedule a demo to see exactly how AudioEye can help you meet California accessibility standards.
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