Who Enforces ADA Compliance?

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Who Enforces ADA Compliance?

Posted October 02, 2024

AudioEye

Posted October 02, 2024

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The Americans with Disabilities Act (ADA) is enforced by several government agencies within the U.S., including the Department of Justice (DOJ). Below, we’ll provide an overview of these enforcing agencies and review which accessibility laws you need to follow.

Originally Posted on November 9, 2022

One of the many misconceptions about the Americans with Disabilities Act (ADA) is that it’s an all-encompassing office that enforces all accessibility laws. The reality is that the ADA is enforced by several government agencies within the U.S.

Below, we’ll explain who oversees ADA enforcement, what the provisions of the ADA are,  and how each protects the rights of individuals with disabilities.

Who Enforces the ADA?

Contrary to public belief, a single agency doesn’t enforce the ADA. As we mentioned above, various parts of the ADA are enforced by different departments of the U.S. government. Here’s a basic overview:

  • Title I, which protects against discrimination in employment, is enforced by the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC ensures individuals with disabilities have equal employment opportunities and reasonable accommodations to employees with disabilities. 
  • Title II, which prohibits discrimination by public services, is generally enforced by the U.S. Department of Justice (DOJ) and the Access Board, but it can also be enforced by agencies such as the Department of Transportation, the Department of Health and Human Services, and the Department of Education. The agencies are responsible for ensuring public entities (including state and local governments) don’t discriminate against individuals with disabilities and that their physical and digital offerings are accessible.
  • Title III, which prohibits discrimination in places of public accommodation, such as hotels, restaurants, movie theaters, doctors' offices, retail stores, and other commercial facilities., is also enforced by the DOJ and the Access Board. The Access Board developed the ADA Standards for Accessible Design, which outlines requirements for making public accommodations barrier-free for individuals with disabilities. Should an organization fail to provide reasonable accommodations to individuals with disabilities, such as wheelchair ramps, accessible parking, or inaccessible websites, it can face fines or legal action from the DOJ.
  • Title IV, which prohibits discrimination in telecommunications, is regulated by the Federal Communications Commission (FCC). The FCC requires phone and internet companies, such as telecommunications relay services, to provide individuals with disabilities (including visual, auditory, and speech disabilities) a way to communicate over the phone and for all federally funded public service announcements to include closed captioning. 
  • Title V includes a variety of provisions under the ADA, including its relationship to other laws, insurance providers, prohibition against retaliation and coercion, attorney’s fees, and illegal use of drugs. The DOJ also oversees and enforces Title V. Entities that fail to provide accessible facilities or information or discriminate against individuals with disabilities will face consequences from the DOJ.
A stylized web page, with the seal of the Department of Justice on the right side.

The Department of Justice Enforces ADA Web Accessibility

In recent years, the number of ADA lawsuits citing alleged web accessibility issues has skyrocketed. These lawsuits are filed under Title II of the ADA, which applies to government websites, and Title III, which applies to private businesses and other places of public accommodation.

The DOJ has repeatedly reiterated its opinion that the law also applies to websites. Under the ADA, the DOJ can investigate private businesses for alleged web accessibility issues — and even file a lawsuit typically under specific scenarios:

  • In cases of “general public importance.” For example, in 2021, the DOJ reached settlements with several providers for accessibility issues found on COVID-19 vaccine registration portals. 
  • In cases where a “pattern of practice of discrimination is alleged.” For example, a national chain of hotels was sued for allegedly failing to provide accessible accommodations across many of its locations. 

These investigations can result in stiff penalties. For instance, businesses that violate Title III of the ADA may face a maximum civil penalty of $75,000 for a first violation. Subsequent violations have a maximum penalty of $150,000. 

It’s worth noting that the DOJ usually doesn’t investigate alleged ADA violations unless they affect a large number of consumers. However, the ADA is more often enforced through private litigation.

Who Can File a Web Accessibility Lawsuit Under the ADA?

Any person with a disability has the right to file a lawsuit under the ADA. The law does not contain a list of qualifying disabilities or qualified individuals.

To meet the ADA’s definition of disability, the plaintiff must meet one of the following descriptions:

  • The person has a mental or physical impairment that substantially limits one or more major life activities.
  • The person has a history or record of such an impairment.
  • The person is perceived by others as having such an impairment.

If the lawsuit is successful, the plaintiff may recover legal expenses. Plaintiffs may also obtain federal court orders to stop ADA violations.

Can Plaintiffs Profit by Filing ADA Lawsuits?

Not directly. Title V of the ADA contains provisions allowing the government to issue accessibility standards and require federal agencies to provide technical assistance. It also allows courts to award attorney’s fees to the prevailing parties in ADA lawsuits but does not allow plaintiffs to recover money for damages. 

Of course, many accessibility lawsuits are settled before going to court — and those settlements can be expensive for defendants. Additionally, many state accessibility laws may allow plaintiffs to recover damages, which can be more burdensome on businesses than the ADA. 


For example, California’s Unruh Act allows plaintiffs to recover actual damages or up to $4,000 in statutory damages — and recent rulings have shown that businesses don’t even need to have an office in California to be subject to its requirements.

Don’t Wait for an ADA Lawsuit To Think About Web Accessibility

As the DOJ notes in its recent guidance on web accessibility, an inaccessible website “can keep people with disabilities from joining or fully participating in civic or other community events like town meetings or programs at their child’s school.”

Because ADA compliance applies to all organizations, businesses have both a legal and ethical responsibility to consider the needs, expectations, and preferences of people with disabilities. Of course, there are other reasons to embrace inclusive design and provide equal access to your digital content. An accessible website can improve search engine optimization (SEO), enhance your brand’s reputation, and help you deliver a better experience to users of all abilities. 

Rather than waiting for an accessibility lawsuit or demand letter to get started with accessibility, start now. With AudioEye’s Web Accessibility Scanner, you’ll see where common accessibility issues are on your site while our Automated Fixes automatically resolve them. AudioEye goes a step further, combining our automated testing with expert testing overseen by human experts who find more complex accessibility issues. Our hybrid approach to accessibility testing gets you closer to ADA compliance and, in accordance with the spirit behind those rules, helps you create accessible and inclusive digital content.

If you’re currently facing an accessibility lawsuit, let AudioEye be your trusted legal partner. We’ll help you determine the validity of the claim, implement necessary fixes, and provide detailed guidance on your next steps. 

Get started with AudioEye’s free Web Accessibility Checker below, or schedule a demo today.

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