What is ADA Code Compliance?

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What is ADA Code Compliance?

Posted December 13, 2024

AudioEye

Posted December 13, 2024

Stylized laptop with various accessibility icons on the top of the page. The laptop is sitting on top of a closed book.
Stylized laptop with various accessibility icons on the top of the page. The laptop is sitting on top of a closed book.

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ADA compliance requires a thorough review of physical spaces (such as brick-and-mortar storefronts) and digital products (websites and mobile apps). Learn how to build a long-term strategy for sustainable compliance.

If you operate a business, non-profit, or virtually any other type of organization, you need to care about accessibility. The Americans with Disabilities Act of 1990 (ADA) requires “places of public accommodation" to be accessible to people with disabilities — that includes physical spaces (such as brick-and-mortar stores), but it’s just as important for digital spaces.

Unfortunately, many businesses treat ADA code compliance as an obligation. Accessibility isn’t a burden — it’s an opportunity. When you design for all potential customers, you reach more people and make a better impression on your target audience. You also limit your risk of litigation under the ADA and other non-discrimination laws.

In this article, we’ll discuss ADA regulations for digital and physical spaces. We’ll also outline the steps that small businesses and enterprises can take to improve compliance.

ADA Compliance: A Quick Refresh

The ADA is a landmark civil rights law, and since its passage in 1990, it has protected the rights of people with a wide range of disabilities. Different sections of the law are applicable to different spheres of public life; for most organizations, however, three sections are especially important:

  • Title I of the ADA prohibits discrimination from covered entities (employers, labor organizations, employment agencies, and joint labor management committees) against qualified individuals with disabilities in all aspects of employment.
  • Title II of the ADA prohibits discrimination on the basis of disability in all services, programs, and activities provided by state and local governments. It does not apply to federal government or federal agencies (though those agencies must follow the Rehabilitation Act of 1973, a similar civil rights law).
  • Title III of the ADA prohibits discrimination in the activities of places of public accommodation. This includes businesses and non-profit organizations that serve the public.

Titles I and III are most applicable to private businesses (and their websites, apps, and other digital products). However, Title II is still important for businesses that contract with state government agencies. Title II regulations can also provide clarity about the digital accessibility requirements of Title III — we’ll discuss those requirements later in this article.

What Is a Disability Under the ADA?

The ADA affords equal opportunities to any person who “has a physical or mental impairment that substantially limits one or more major life activities,” as well as anyone who has a history of such an impairment or who is perceived by others as having such an impairment. 

In other words, the law isn’t just for those who are blind or Deaf; it applies to a wide range of people, including those with temporary limitations (such as a broken leg) and “invisible" disabilities (conditions that aren’t immediately noticeable to another person). 


If you think that your business doesn’t have customers with disabilities, you’re probably wrong. According to the Centers for Disease Control and Prevention (CDC), more than 1 in 4 U.S. adults live with some form of disability, and that number is expected to increase due to demographic trends.

What Do Different Forms of ADA Compliance Mean?

To fully comply with the ADA, organizations need to provide equal opportunities to people with disabilities and avoid intentional or unintentional discrimination. 

For businesses, this means reviewing the following:

  • Physical spaces, such as entrances to brick-and-mortar businesses, which must be accessible to people with mobility or sensory disabilities.
  • Physical accommodations like digital kiosks (interactive computers that provide information or services), restaurant seating, and menus.
  • Websites, which must provide equivalent access to information and services for people with conditions that change the way they use the internet. 
  • Apps, web-delivered documents (such as PDFs), emails, and other digital tools.

Offering physical or technical assistance isn’t enough for compliance — public accommodations and commercial facilities must remove barriers to access wherever possible. 


To learn more about the basics of digital compliance, read our ADA Compliance Checklist for Websites.

Who Needs to Comply with the ADA?

In short, virtually every business, non-profit, and government agency needs to comply with the ADA. While there are specific exceptions for existing buildings and certain types of spaces (for example, construction sites and spaces that are accessed only by service personnel), those exceptions are extremely limited. 

There are also exceptions to the ADA for “undue burdens" (changes that would be significantly difficult or expensive), but qualifying for those exceptions can be difficult — especially since the vast majority of accessibility improvements are inexpensive and easy to implement.

That’s especially true for digital accessibility improvements: While you might be able to argue that major modifications to an existing facility would be unreasonably expensive, it’s more difficult to say that spending a few seconds to add alternative text to an image would create an “undue burden.”

Ultimately, if you operate a public-facing organization, you need to spend some time on ADA compliance. That means testing both physical spaces and digital content against relevant codes or standards.


Learn more about potential ADA exemptions: Who is Exempt from ADA Compliance?

What’s the Risk of Non-Compliance with the ADA?

Ignoring the ADA isn’t a great business strategy. Any person with a disability can sue for discrimination, which can lead to court orders forcing changes. Some states also allow plaintiffs to sue for damages. In significant cases, the Department of Justice (DOJ) can launch investigations, file lawsuits, or assess fines. Those fines can be significant – up to $75,000 for a first offense and twice as much for repeat offenses. 

But as we mentioned at the beginning of this article, the legal consequences of non-compliance are only part of the story. Poor accessibility can hurt a business’s reputation, and word travels fast through social media: If you care about your brand, you should care about accessibility.

It’s easy to focus on the negatives — but it’s just as important to consider the potential benefits of an accessible business culture:

  • Accessible physical and digital spaces can help you reach a wider audience. By one estimate, U.S. adults with disabilities have a total after-tax disposable income of about $490 billion. 
  • Everyone benefits from accessible design, regardless of whether they have disabilities. For example, low-contrast text can be an issue for people with low vision — but when text has appropriate contrast, it’s easier for everyone to read. 
  • The best practices of digital accessibility are strongly aligned with the best practices of search engine optimization (SEO). Barrier removal can help search engines find (and rank) your content.
Balanced scale with 'ADA Compliant' written underneath against a code grid.

Key Standards for ADA Code Compliance

While the ADA prohibits discrimination, it’s more of a broad set of guidelines than a strict “code.” State agencies and courts have some authority to interpret the ADA’s requirements.

Since the law was written in 1990, it doesn’t have strict technical requirements for websites — but that doesn’t mean that businesses can ignore web accessibility. In fact, one of the most famous web accessibility lawsuits (Robles v. Domino’s Pizza, LLC), the defendant unsuccessfully argued that the ADA was too vague to be applicable. 


For digital spaces, the de facto requirements for ADA compliance are the Web Content Accessibility Guidelines (WCAG). Published by the World Wide Web Consortium, WCAG is the framework for many international non-discrimination laws. As of 2024, it’s also the technical standards for Title II compliance — and the Justice Department recommends testing content against WCAG for Title III compliance, too.

ADA Standards for Accessible Design

WCAG contains dozens of pass-or-fail requirements called success criteria that can be used to test content for accessibility. Here are a few example of WCAG criteria that are frequently cited in ADA compliance lawsuits:

  • Non-text Content: All non-text content has a text alternative. This ensures people using screen readers don't miss information.
  • Contrast (Minimum): Text and images of text should meet WCAG’s defined contrast thresholds. Good contrast improves readability for people with low vision or color blindness.
  • Keyboard: All website functions are operable by keyboard. Keyboard access allows people who can't use a mouse to navigate the site.
  • Captions (Prerecorded): Captions are provided for all pre-recorded audio. Captions make audio and video accessible to people who are deaf or hard of hearing.
  • Info and Relationships: Information and structure are programmatically determinable or available in text. This helps assistive technologies understand and present content effectively.
  • Meaningful Sequence: Content has a logical reading order. A proper reading order ensures screen readers present content in a way that makes sense.
  • Link Purpose (In Context): Link purpose is clear from the link text or context. Clear link text helps screen reader users understand where a link leads.
  • Language of Page: The page's language is programmatically determinable. This allows assistive technologies to use correct pronunciation and grammar.
  • Error Identification: Input errors are clearly identified in text. Clear error messages help users correct mistakes.
  • Resize text: Text can be resized up to 200% without loss of content. Resizable text benefits users with low vision.
  • Three Flashes or Below Threshold: No content flashes more than three times per second. This prevents seizures in people with photosensitive epilepsy.
  • Target Size: Interactive elements are at least 44x44 CSS pixels. Larger targets improve usability, especially on touchscreens and for people with motor impairments.


This is certainly not a comprehensive list. The latest version of WCAG contains 86 success criteria, organized into three levels of conformance (conformance means voluntarily following the guidelines). For ADA compliance, businesses should follow all of the requirements of the first two levels. To learn more about WCAG levels, read our Expert Guide to ADA Compliance.

ADA Code for Buildings and Other Physical Spaces

For new construction projects, ADA Title III regulations may be incorporated into building codes. However, a business’s policies, design standards, and accommodations can certainly impact the overall level of accessibility. 

Some general ADA requirements for physical spaces might include:

  • Accessible parking spaces: Businesses should provide designated parking spaces located close to entrances. These spaces require appropriate signage and must include wider spaces to accommodate wheelchair users.
  • Ramps and accessible entrances: Entrances must be accessible to wheelchair users. This often involves constructing ramps with a gentle slope and sturdy handrails.
  • Wide doorways and hallways: Doorways and hallways should provide ample space for wheelchair users to maneuver comfortably.
  • Accessible restrooms: Restrooms designed for accessibility include features such as grab bars near the toilet and sink, accessible sinks with appropriate clearance, and wider stalls to accommodate mobility devices.
  • Elevators and lifts: Buildings with multiple levels should have elevators or lifts to provide access to all floors for people who cannot use stairs.
  • Braille and raised character signage: Signage with braille and raised characters can be helpful for people with low vision and no vision.
  • Assistive listening devices: Public spaces where announcements or performances occur should offer assistive listening systems.
  • Clear pathways: Maintaining clear pathways is crucial for safety. Walkways should be free of obstacles to prevent tripping hazards for people with visual impairments or mobility issues.
  • Appropriate lighting: Adequate lighting improves visibility for people with low vision.

Another quick disclaimer: This isn’t a comprehensive list, just a starting point. Businesses should review state law and local building codes when addressing architectural barriers and setting accessibility policies.

Stylized web browser with a magnifying glass over the accessibility symbol.

How to Check if Your Organization is Compliant with ADA Codes

To check if you’re meeting ADA standards, you'll need to thoroughly assess both your digital and physical spaces. Once again, it’s best to think of this as an opportunity rather than an obligation — the right mindset can make the process much easier (and open up more of the benefits of inclusive design). 

Here’s how you can get started: 

  • Set a goal. For ADA Title II and III compliance, most businesses should meet all the requirements of WCAG 2.1 Level AA. For long-term compliance, consider testing content against the recently released WCAG 2.2; learn about the differences between WCAG 2.1 and 2.2. 
  • Conduct an automated accessibility audit. Automated tools like the AudioEye scanner can identify common WCAG failures, providing an overview of your current level of conformance.
  • Use both automated and manual testing. Automated tests can quickly find common issues, while expert-led manual audits can find issues that require human judgment to evaluate. Learn about the most common ADA compliance issues for websites.
  • Involve individuals with disabilities. Publish an accessibility statement and listen to feedback from your users. Real-world experience can help you develop your perspective on usability and find solutions that benefit your users.
  • Start addressing ADA compliance issues. Fixing (or remediating) some issues can be fairly straightforward, even if you have limited technical knowledge. Learn the basics of accessibility remediation. 

For physical ADA code compliance, you’ll need to do a physical walkthrough of your space to identify any potential barriers. Pay close attention and ask questions: 

  • Accessible parking: Are there designated accessible parking spaces located close to the entrance? Do these spaces have the required signage and adequate space for wheelchair users to enter and exit their vehicles?
  • Accessible entrances: Are all entrances accessible via ramps with appropriate slopes and handrails? If ramps aren't necessary, is there level entry into the building?
  • Doorways and hallways: Are doorways and hallways wide enough to allow for comfortable wheelchair navigation and turning?
  • Accessible restrooms: Do the restrooms include features such as grab bars near the toilet and sink? Are the sinks accessible with appropriate knee clearance? Are the stalls large enough to accommodate mobility devices?
  • Pathways and lighting: Are all pathways clear of obstructions that could pose a tripping hazard? Is there adequate lighting throughout the space?

By evaluating your physical and digital spaces, you're actively working towards a truly inclusive and accessible experience for your customers. You’re also setting your business up for success.

ADA Compliance Made Simple with AudioEye

People with disabilities have the right to equal access in both physical and digital spaces. The ADA establishes that right, but compliance isn’t just about reducing your legal exposure: When you demonstrate your commitment to all of your customers, you create a more inclusive environment, strengthen your reputation, and expand your reach. 

With AudioEye, the entire journey to ADA compliance is fast, simple, and cost-effective. Our Automated Accessibility Platform finds and fixes 30 WCAG issues automatically — more than any other tool on the market. To further accessibility, we supplement our automated accessibility testing with Expert Audits performed by our team of experts and individuals from the disability community.

And with the end-to-end legal support of AudioEye Assurance, you receive up to 400% more legal protection — now and in the future. AudioEye Assurance provides your organization with unparalleled peace of mind with custom legal responses, ongoing support, and real coverage for each page we guarantee. 

Ready to take the next step toward a more accessible future? Get a free scan of your website today or schedule a demo to learn more about how AudioEye can help you achieve and maintain digital accessibility and protect your organization.

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