ADA Compliance: What It Is and Why You Should Pay Attention
ADA Compliance: What It Is and Why You Should Pay Attention
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The Americans with Disabilities Act (ADA) was designed to prohibit discrimination against individuals with disabilities and is a legal law that all organizations must comply with. In this article, we’ll review the legal guidelines you need to follow in the digital world.
When you hear the term ‘ADA-compliance,’ you might immediately think of lengthy checklists or complete website overhauls. The good news: creating ADA-compliant digital content isn’t the insurmountable task you might think it is. In reality, the process involves making small but impactful changes to your site that improve usability for those with disabilities.
Below, we’ll cover what the ADA is, what ADA website compliance looks like in digital spaces, what level of accessibility you need to meet, and how AudioEye can help you on your journey to compliance.
What is the ADA?
Enacted in 1990, the ADA is a landmark civil rights law that prohibits discrimination against individuals with disabilities in many areas of public life, including the digital world. The act is enforced by the U.S. Department of Justice (DOJ) as well as other government agencies (like the Department of Health and Human Services, Department of Transportation, etc.).
Related to the ADA is Section 508 of the Rehabilitation Act, which was amended in 1998. Section 508 requires federal agencies to ensure their electronic and information technology (including websites, software, and electronic documents) are accessible to individuals with disabilities.
Five Titles of the ADA
The ADA includes five titles to protect the rights of individuals with disabilities in different areas of public life:
- Title I: Title I prohibits discrimination against individuals with disabilities in the workplace. Under Title I, employers must provide reasonable accommodations for qualified individuals with disabilities, so long as it does not cause undue hardship on the business.
- Title II: Recent changes to Title II of the ADA require state and local government agencies to ensure their digital offerings are accessible. The new rules specify that all digital content conforms to the Web Content Accessibility Guidelines (WCAG) 2.1 Level and AA standards. Additionally, government municipalities must ensure their services, programs, and activities are accessible to individuals with disabilities.
- Title III: Title III of the ADA applies to places of public accommodations and commercial facilities such as restaurants, hotels, theaters, retail stores, and doctor’s offices. These entities must be accessible to individuals with disabilities in public and online spaces. This includes providing accessible restrooms, parking spaces, wheelchair ramps, and accessible public transportation.
- Title IV: Under Title IV, telecommunications companies must ensure their services are accessible to people with disabilities as well as provide effective communication to the disability community. Additionally, Title IV requires closed captions for public service announcements funded by the government.
- Title V: Title V contains various provisions related to the ADA, including anti-retaliation protection, attorney’s fees, illegal drug use, and insurance providers.
Each title of the ADA works together to ensure individuals with disabilities have equal access and opportunities across key areas of life — from employment to public services.
What Does ADA Compliance Mean?
ADA compliance means ensuring businesses, public services, and other entities provide equal access and opportunities to individuals with disabilities. More simply, it’s about creating an environment that is accessible and usable for everyone — whether it’s in a physical space or a digital one.
ADA Compliance and Digital Accessibility
In digital environments, ADA compliance means ensuring digital content is accessible and usable by individuals with disabilities. To comply with ADA requirements, online spaces should adhere to the accessibility standards outlined in WCAG 2.1 Level A and AA. This includes adding accessibility features such as:
- Accessible website design: An accessible design enables people with disabilities to easily navigate, consume, and interact with content in various ways. Adding features such as alt text, keyboard navigation, shortcuts, or commands, assistive technology compatibility (e.g., screen readers or text-to-speech software), sufficient color contrast, text resizing, and closed captions or transcripts for videos all enhance accessibility for individuals with disabilities.
- Accessible forms and input fields: All input fields should be properly labeled so users with disabilities clearly understand what information is required for each field. Also, error messages should clearly explain what users must correct to complete forms. These features are especially beneficial for screen reader users.
- A clear, simple user interface: Your user interface should have a simple, intuitive layout with clear navigation options. Menus, buttons, and other interactive elements should also remain consistent across your entire website to minimize confusion.
- Multimedia accessibility: Multimedia content such as videos or audio content should include captions, transcripts, or audio descriptions to ensure those with auditory or cognitive disabilities can still interact with the content. Additionally, avoid automatically playing media where possible to minimize confusion or disorientation for those with cognitive impairments or screen reader users.
- Digital document accessibility: Digital accessibility doesn’t just apply to your website — it also applies to digital documents such as PDFs, Word documents, Excel sheets, etc. Each of these documents should be structured and tagged appropriately so they’re accessible and readable by screen readers.
These are just some of the accessibility features included in WCAG 2.1 Level AA and enforced by the ADA. For a more comprehensive list, check out our ADA Compliance Checklist here.
Should You Be Concerned with ADA Compliance?
Put simply, yes, you should absolutely be concerned with ADA compliance. Under the ADA, any business that is open to the public needs to be accessible to individuals with disabilities in both their physical and online spaces. The only businesses exempt from ADA compliance are private businesses or clubs and religious organizations. Failing to do so can result in legal consequences, which we’ll discuss in more detail below.
Aside from legal reasons, complying with ADA standards also has a positive impact on your brand. For one, fixing accessibility errors on your site enhances the user experience for those with disabilities and those without. Ensuring sufficient color contrast or appropriate use of headers, for instance, enhances readability for all users, which can increase overall satisfaction.
Increasing accessibility also improves your SEO rankings. Implementing accessibility features such as alt text for images, clear navigation, and well-structured HTML helps search engines like Google better understand and index your website, leading to better rankings and more organic traffic.
Most importantly, a well-designed, accessible website demonstrates your commitment to inclusivity — something today’s consumers consider when deciding who to buy from. By following ADA regulations, you show you care about providing equal opportunity for all, which can boost public perception and customer loyalty.
Consequences of ADA Non-Compliance
So, what happens if you don’t comply with the ADA?
The biggest risk of non-compliance is legal consequences. Over the last few years, the number of accessibility issues has increased, with 4,200 ADA Title II lawsuits filed in the first half of 2024 (a 5% increase from 2023). That number doesn’t include the dozens of demand letters related to web accessibility, and that number is expected to increase this year as well.
Facing an accessibility lawsuit can result in expensive lawsuits or hefty fines from the DOJ. For instance, if you violate the ADA, you’ll face a maximum civil penalty of $75,000 for a first violation, with subsequent violations carrying a penalty of $150,000. This doesn’t include the cost of attorneys or settling with plaintiffs, both of which can quickly get expensive.
And monetary damages are just the beginning. ADA violations can paint your brand in a negative light, damaging your reputation and chasing away potential customers. To avoid these consequences, you’ll want to conduct ADA compliance testing regularly and take proactive steps to resolve any violations found on your website or mobile apps.
How AudioEye Helps You Achieve ADA Compliance
Rather than waiting for a lawsuit to consider ADA compliance and digital accessibility, start now. Accessibility guidelines (including WCAG) are always evolving, and taking a proactive approach can protect your brand from potential accessibility lawsuits.
And while ADA compliance may seem overwhelming, AudioEye makes it easy. Our free Web Accessibility Scanner can help you identify common website accessibility issues on your site while our Automated Fixes automatically fix them. AudioEye furthers your accessibility by supplementing automated testing with Expert Testing from our team of human experts, which includes individuals with disabilities. The team carefully audits your content for more complex accessibility issues and provides in-depth guidance on fixing them. The result: an ADA-compliant website that protects you from accessibility lawsuits and an inclusive user experience.
Ready to get started on the path to ADA compliance? Use our free Web Accessibility Scanner to get started.
Want to see AudioEye in action? Contact us for a free demo.
Facing an ADA lawsuit? AudioEye has the lowest valid legal claim rate in the industry at 17% and will guide you through the entire legal process. Our expert legal support will also apply custom accessibility fixes for alleged violations so you can show consistent progress toward accessibility. Contact us to learn more.
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