In the United States, digital accessibility is neither new nor a future deadline: it has already been a legal obligation for several years. The Americans with Disabilities Act (ADA) prohibits discrimination and, as interpreted by the courts and the Department of Justice, applies to websites and apps as well; for private parties, however, it sets no precise technical requirements. Specific technical requirements are set by Section 508 of the Rehabilitation Act for federal agencies and their suppliers (WCAG 2.0 AA) and by the Department of Justice's 2024 rule for state and local government entities (WCAG 2.1 AA).

With a growing number of lawsuits for inaccessible sites, and an increasing focus on social responsibility and inclusiveness, it is critical that every company operating (or intending to operate) in the U.S. market fully understands these regulations and acts accordingly.

What the U.S. regulations provide for

ADA - Americans with Disabilities Act

The ADA, in effect since 1990, prohibits all forms of discrimination against people with disabilities. Although initially designed for physical spaces, the law has been progressively interpreted by the courts and the Department of Justice (DOJ) as also applicable to digital environments, including websites and mobile apps of private companies.

Courts and the Department of Justice have applied ADA Title III to the websites and apps of businesses open to the public, although there is no federal regulation setting a technical standard for the private sector and courts differ on how far the obligation reaches. Businesses that leave their digital tools inaccessible are exposed to lawsuits, demand letters, settlement costs and reputational damage; which obligations apply to your organization should be verified with your own counsel.

Section 508

Section 508 applies to federal agencies and their suppliers, requiring that information and communication technology be accessible to employees and members of the public with disabilities; its technical standard is WCAG 2.0 Level AA. Many private organizations voluntarily adopt the WCAG (Web Content Accessibility Guidelines), considered the global technical reference for web accessibility.

What it means to be compliant

Meeting accessibility standards means:

  • Screen reader compatibility For people who are blind or visually impaired
  • Keyboard-only navigation, for those who cannot use a mouse
  • Alternative texts for images, useful for voice readers
  • Sufficient contrast between text and background, to promote readability
  • Control of dynamic and pop-up elements, which may disturb neurodivergent users
  • Semantic structure of the code, for clear and consistent fruition

The consequences of non-compliance

In the U.S., leaving accessibility barriers in place can result in legal actions brought by users — for private parties under Title III the typical risk is a civil suit, not an administrative fine — and in reputational damage. Civil penalties arise in enforcement actions brought by the Department of Justice. In 2023 alone, thousands of ADA lawsuits were filed in the digital sphere, mostly against e-commerce, hotels, restaurants, and educational institutions.

But the repercussions are not only legal: neglecting accessibility means exclude millions of users and potential customers, also hurting business.

Why invest in accessibility now

Making a site or app accessible is not just a requirement: it is an opportunity for:

  • Reaching a wider audience
  • Improving the user experience for all
  • Increasing conversions
  • Strengthening brand reputation
  • Promote indexing on search engines (SEO)

How Accessibi can help you

Specialized services such as Accessibi allow you to professionally analyze and improve the accessibility of your site, with reference to WCAG 2.1/2.2 AA, the technical standard also used as a reference in connection with the ADA. Our team supports you at every stage—from initial assessment through technical implementation—to improve accessibility on the agreed perimeter with minimal impact on company resources. Technical conformance alone does not amount to meeting every legal obligation. This article is for information only and does not constitute legal advice: check the obligations that apply to you with your own advisors.

In the United States, web accessibility is already a legal, ethical and strategic issue. Ignoring it means exposing oneself to real risks, while adopting it today can strengthen the company's competitiveness and improve the relationship with all users. With Accessibi, working on your site's accessibility becomes a clear and manageable process.

Contact us today for a free analysis of your site and find out how to make your digital presence truly inclusive.