What is an ADA Lawyer, and When Do You Need One?

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What is an ADA Lawyer, and When Do You Need One?

Posted January 07, 2025

AudioEye

Posted January 07, 2025

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An ADA lawyer specializes in helping organizations comply with the Americans with Disabilities Act in both physical and digital spaces. Below, we’ll explore the roles and responsibilities of an ADA lawyer in digital spaces and when you may need one.

The Americans with Disabilities Act (ADA) is a groundbreaking civil rights law — one that acts as a cornerstone of equality and ensures individuals with disabilities have equal access to both physical and online spaces. From accessible parking spaces to inclusive websites, the ADA has enhanced accessibility in numerous ways. 

But with great responsibility comes great accountability, and organizations that fail to comply with ADA requirements risk more than bad press — they could face serious legal consequences. That’s where an ADA lawyer comes in.

These legal experts specialize in navigating the complexities of ADA compliance, whether it’s helping organizations respond to lawsuits or supporting individuals who have been unfairly discriminated against in physical or online spaces. 

So what exactly does an ADA attorney do? We’ll explore that in more detail below as well as discuss when organizations may need to hire one.

The Americans with Disabilities Act: An Overview

To understand exactly what an ADA lawyer does, you first need to understand what the ADA is.

Enacted in 1990, the civil rights law was created to protect individuals with disabilities from discrimination or undue hardship in major life activities. It was designed to ensure everyone, particularly disabled individuals, has equal access and opportunities in all areas of public life, including employment, education, transportation, and public accommodations. 

More simply, the ADA is designed to remove physical and digital barriers that prevent full participation in society.

The ADA is divided into five different titles:

  • Title I: Employment and job functions.
  • Title II: State and local government entities.
  • Title III: Public accommodations, including restaurants, hotels, movie theaters, retail shops, and other businesses, nonprofits, or commercial facilities open to the public.
  • Title IV: Telecommunications.
  • Title V: Miscellaneous provisions, including retaliation and coercion, state immunity, attorney’s fees, and relationships to other laws.

Most organizations need to be concerned with Title III of the ADA as it relates specifically to websites, mobile apps, and other digital platforms — all considered public places by the U.S. Department of Justice (DOJ).

WCAG and the ADA

The ADA itself doesn’t include specific technical standards for making digital content accessible. Instead, it enforces the accessibility standards outlined in the Web Content Accessibility Guidelines (WCAG).

To understand the relationship between the ADA and WCAG, think of it this way: The ADA is the law that requires businesses to ensure accessibility for individuals with disabilities, while WCAG provides the technical blueprint for ensuring accessibility in digital content. WCAG addresses numerous accessibility features — from text readability to navigation for users with assistive technologies like screen readers.

The Risks of Non-Compliance

Failing to comply with the ADA is a legal liability, one that can severely damage a business’s reputation and customer trust. Organizations that ignore accessibility (in both physical and online spaces) can face lawsuits, demand letters, and hefty fines. For instance, the maximum fine for a first ADA violation is $75,00, with subsequent violations costing up to $150,000. This cost is on top of lawyer fees or other legal services costs. Beyond the legal risks, there’s also the reputational damage that comes from ADA violations — including being seen as exclusionary towards the disability community.

Man sitting behind a desk pointing to a stylized presentation screen with the accessibility symbol in the middle. A woman is sitting across the desk and looking at the presentation.

What is an ADA Lawyer?

Put simply, an ADA lawyer is a legal professional who specializes in helping both individuals and organizations navigate through the complexities of the ADA. Their primary responsibility is to ensure compliance with the law, particularly around accessibility, though they may also represent clients who are facing legal challenges under the ADA. 

For example, say a mid-sized company receives a lawsuit claiming their website is inaccessible to individuals who are blind and use screen readers. An ADA lawyer would assess the claims, collaborate with accessibility experts to identify compliance issues (if there are any), and negotiate a settlement or defense strategy. 

Some additional roles and responsibilities of an ADA lawyer are below.

Provide Legal Expertise Around ADA Compliance

ADA attorneys are experts in interpreting ADA standards and understanding exactly how it applies to both physical and digital spaces. Most are well-versed in the legal requirements of accessibility and can help organizations determine if they are meeting these standards correctly. They also stay up-to-date on how the law intersects with WCAG, ensuring websites and mobile apps meet the necessary accessibility benchmarks.

Negotiate Settlements

In many cases, a disability discrimination lawyer’s goal is to settle non-compliance allegations without going to court. Most lawyers will try to negotiate settlements with the plaintiff, including financial compensation, accessibility improvements, and other terms that resolve the issue quickly and cost-effectively. Their experience around these negotiations can help avoid prolonged litigation and provide a more favorable outcome for their clients.

Support Defendants in Court

In situations where organizations are taken to court, ADA lawyers will represent them. They’ll argue the case, present evidence, and advocate for the defendant's best interest. Lawyers’ expertise in ADA law and disability rights is critical for achieving a favorable verdict and can help minimize consequences.

Provide Legal Guidance

ADA lawyers play a critical role in helping organizations understand their legal obligations. They assist with creating or reviewing accessibility policies, ensuring businesses comply with the ADA in both physical and digital spaces, and recommending the best course of action in resolving legal complaints. They also review contracts with third-party vendors to ensure accessibility requirements are included, preventing future compliance issues.

Collaborate with Accessibility Experts

Most discrimination attorneys and ADA lawyers work closely with accessibility experts, consultants, or developers. They may help with accessibility audits and identify areas where a website or mobile app fails to meet ADA standards. Based on those results, the lawyer will help create a remediation plan to bring the digital product into compliance.

Stay Up-to-Date on Legal Trends

The legal landscape surrounding digital accessibility is constantly evolving. ADA lawyers stay informed about federal law, regulatory changes, and new legislation that may impact ADA compliance. Doing so ensures they provide their clients with timely and relevant legal advice.

Advocacy for Individuals

In addition to working with businesses, some ADA lawyers advocate for qualified individuals who have been discriminated against due to inaccessible digital content. These lawyers represent plaintiffs where people with disabilities have been denied access to websites, apps, or other digital platforms. More simply, their role is to ensure individuals’ rights are upheld and protected and that businesses are held accountable for any accessibility violations.

How ADA Lawyers Help with Digital Accessibility

When it comes to digital accessibility, an ADA lawyer’s role is to bridge the gap between legal requirements and practical implementation. More simply, they provide a legal interpretation of ADA standards and ensure the business’s digital content aligns with them. This means they’ll review your website or mobile app to ensure it’s accessible and includes WCAG standards.

An ADA layer doesn’t just stop at interpreting the law, however. They also guide organizations on how to implement WCAG standards into their digital content. For example, they may help you implement accessibility features that make online environments more user-friendly for screen reader users or improve compatibility with assistive technologies or keyboard users. 

ADA lawyers will often collaborate with accessibility consultants and developers to audit digital content and create a remediation plan for any found issues. And if an organization is facing a lawsuit or demand letter, they’ll defend against it, negotiate settlements, or even provide representation in court to protect businesses from legal consequences.

Price tag and gavel over a sheet of paper that reads ADA Demand Letter

When Do You Need an ADA Lawyer?

Knowing when to hire an ADA lawyer can be tricky. Businesses not currently facing an ADA lawsuit may feel they don’t need one. Yet, there are major benefits to working with an ADA lawyer early on — whether or not organizations are facing a lawsuit. An ADA lawyer’s expertise can be invaluable, especially for businesses that are just getting started with digital accessibility. 

Below are some scenarios where an ADA lawyer may be needed:

  • Receiving a demand letter or lawsuit for non-compliance with the ADA: Businesses who get a legal notice claiming their website or mobile app isn’t ADA-compliant, an ADA lawyer can help assess the situation and recommend next steps.
  • Navigating ADA compliance standards: For those that are unsure whether or not their website, mobile app, or other digital content meets ADA requirements, an ADA lawyer can provide a legal interpretation of these standards and provide guidance on which standards you need to follow.
  • Reviewing accessibility policies and practices: An ADA lawyer can help ensure an organization’s accessibility policies align with the ADA, make sense of the requirements, and ensure everything is in place.
  • Advising on remediation strategies after an audit reveals accessibility issues: If an accessibility audit finds ADA violations, an ADA lawyer can advise on how to best address those issues and bring digital content into compliance.

Involving an ADA lawyer early on can make a huge difference. Their expertise allows for a timely and strategic response to lawsuits or compliance issues, allowing organizations to avoid expensive mistakes or false admissions of liability. By proactively addressing liability concerns, organizations can avoid paying costly legal fees and lower the risk of future claims. Plus, if things do escalate, an ADA lawyer can provide representation in court and protect businesses from legal consequences.

What to Look for When Hiring an ADA Lawyer

When hiring an ADA lawyer,  it’s crucial to pay attention to their skills and qualifications. Doing so can make or break the outcome of a case or compliance issues. Here are a few things to look for when choosing an ADA lawyer:

  • Verify their Credentials: Look at the law firm they’re representing and what previous clients have said about their services. 
  • Experience with Digital Accessibility Cases: Ensure the lawyer has experience handling ADA cases, specifically those related to websites, apps, or other digital content. Consider asking for examples as well. 
  • Familiarity with WCAG Standards: With WCAG being the technical guideline for digital accessibility, ensure the attorney is deeply familiar with these standards. They should be able to explain how WCAG applies to every situation and help integrate it into a compliance strategy. They should also be well-versed in state laws and employment laws.
  • Get Recommendations or Referrals: Ask for recommendations from colleagues, industry contacts, or professional networks to see who has worked with ADA lawyers before. Personal referrals can provide helpful insights into how a lawyer works and whether they’re a good fit.
  • Look for Those Who Take a Proactive Approach: Look for someone who takes a proactive approach to resolving accessibility issues. They should collaborate with accessibility experts or developers to find solutions rather than wait for a lawsuit.
  • Ask About Their Approach to Settlements vs. Litigation: Understand how a lawyer handles settlements versus litigation. Some may prefer to take issues to court, while others focus more on negotiating settlements to avoid lengthy trials. 
  • Compare Costs and Fees: Finally, look at their costs and fees. Don’t settle on the first lawyer that offers a free consultation or affordable prices — it’s important to find a lawyer with reasonable fees that align with budgets. Make sure they offer transparent billing and are upfront about any additional costs.
A scale of justice and open book that says ADA Compliance

1. Conduct Regular Accessibility Audits

Accessibility is not a one-and-done task — it’s an ongoing process. Regular accessibility audits can help identify areas where websites or mobile apps fail to meet accessibility standards. By proactively addressing these issues, organizations can reduce the risk of non-compliance and ensure digital platforms meet the needs of all users, especially those with disabilities.

2. Follow Accessible Design Best Practices

The most effective way to avoid ADA lawsuits is: Incorporate accessible design best practices into the content creation process from the start. This includes:

  •  Add alt text to images and other non-text content
  • Including captions or transcripts for videos or audio content
  • Use appropriate heading structures for better navigation
  • Ensure compatibility with assistive technologies, including screen readers and text-to-speech software
  • Test for keyboard accessibility
  • Write descriptive link text that provides helpful context for users

Not only do these practices improve accessibility, but they also enhance the overall user experience.

3. Provide Regular Accessibility Training

Accessibility isn’t just one person’s responsibility — it’s a team effort. Regular accessibility training ensures that everyone, from designers and developers to copywriters, understands accessibility principles and how to apply them in their work.

4. Partner with Accessibility Experts

Collaborating with accessibility partners, like AudioEye, can help organizations stay compliant and keep up with evolving accessibility standards. For example, AudioEye provides valuable accessibility tools — from our free Web Accessibility Scanner to our Developer Tools — along with ongoing support to ensure digital content meets WCAG and ADA requirements.

5. Create and Maintain an Accessibility Policy

A clear, documented accessibility statement or policy demonstrates a commitment to inclusion. The disclaimer should outline goals, processes, and responsibilities for maintaining accessibility in every aspect of an organization. It’s also a helpful tool for guiding internal teams and responding to external inquiries about compliance issues.

Your Next Steps for ADA Compliance

The ADA has created a key foundation for creating a more inclusive and accessible world. Navigating its requirements — especially in the digital space — can feel overwhelming. That’s where ADA lawyers come in. Their expertise can help organizations address compliance issues, avoid legal risks, and create accessible digital experiences. Whether it’s addressing accessibility issues before they escalate or helping organizations navigate a lawsuit, AudioEye provides the tools and expertise to meet ADA and WCAG standards with confidence.

From our free Web Accessibility Checker that scans for 30 WCAG violations (more than any other tool on the market) to our Expert Audits from accessibility experts and the disability community, AudioEye streamlines the path to ADA compliance. Using our three-pronged approach to accessibility, organizations achieve industry-leading compliance with accessibility standards. 

Plus, with AudioEye Assurance, organizations enjoy up to 400% more legal protection than consulting or automation-only approaches. Already facing a lawsuit? AudioEye provides the expert guidance and support needed to tackle legal challenges head-on.

Don’t wait for demand letters or ADA lawsuits to make accessibility a priority. Get started with a free accessibility scan to identify potential WCAG violations. 


Want to learn more about how AudioEye protects against ADA lawsuits? Contact us to learn more.

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