Digital Accessibility and Compliance Laws

United States Accessibility Laws

Numerous digital accessibility laws exist in the United States, all of which are important to be aware of. This chapter explores those key laws, including the Americans with Disabilities Act, Section 508, the California Unruh Act, and more. You’ll learn the specific requirements behind each one, which organizations and digital content need to meet these requirements, and the risks of non-compliance.

Collage of American flag and ADA

What is the Americans with Disabilities Act (ADA)?

The ADA was enacted in 1990 and is considered a landmark civil rights law. The ADA prohibits discrimination against individuals with disabilities and ensures members of the disability community have the same rights, opportunities, and access in all areas of public life. 

Previously, the ADA only applied to physical spaces; however, as the world has become more digital, the U.S. Department of Justice (DOJ) has expanded the definition to include online spaces. 

The ADA is divided into five separate titles:

  • Title I: Employment: Employers cannot discriminate against qualified individuals in areas of improvement, including job applications, hiring, firing, promotions, and workplace accommodation.

  • Title II: Public Services: Title II of the ADA applies specifically to state and local governments, requiring these entities to provide equal access to their programs, services, and activities. 

  • Title III: Public Accommodations: Businesses open to the public, including hotels, restaurants, bars, retail stores, movie theaters, etc., are required to make their facilities accessible to individuals with disabilities.

  • Title IV: Telecommunications: Title IV requires telephone and internet companies to provide telecommunications relay services and accessible emergency communications for people with hearing or speech disabilities.

  • Title V: Miscellaneous Provisions: Title V contains general provisions, including a prohibition against retaliation, attorney’s fees, insurance requirements, and technical assistance resources.

What are ADA Requirements?

The ADA Title II Web and Mobile Application Accessibility Rule mandates that state and local governments meet WCAG 2.1 Level AA conformance requirements. The DOJ recommends that businesses make web content accessible by following WCAG.

For an in-depth breakdown of WCAG 2.1 Level AA requirements, view our Comprehensive WCAG Checklist.

Who Needs to Comply with the ADA?

Most U.S.-based organizations are required to comply with the ADA, especially if those businesses interact with the public or provide services in the U.S. This includes businesses such as:

  • Retail Stores

  • Restaurants

  • Hotels

  • Movie theatres

  • Doctor’s offices

  • Office buildings

  • Warehouses

  • Gyms

  • Public transportation

    (taxis, shuttles, charter buses)

There are a few exemptions to ADA compliance, including religious organizations, private clubs, and historical buildings. However, even if your organization is not required to meet ADA requirements, it’s highly recommended to make your online and physical spaces as accessible as possible.

Quiz Yourself

True or False: The ADA only applies to physical spaces.

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Hint: Think about how digital the world is becoming and will become.

Quiz Yourself

What version of WCAG does the ADA enforce?

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Hint: What is considered the international standard for compliance?

Quiz Yourself

Which of the following businesses is exempt from ADA compliance?

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Hint: Which one is generally protected due to constitutional or special circumstances?

What Digital Content is Required to be ADA-compliant?

For organizations to be ADA-compliant, they must ensure the following digital content is accessible to individuals with disabilities:

  • Websites and web applications

  • Mobile applications

  • Online services

  • E-commerce platforms

  • Downloadable documents (e.g., PDFs, Microsoft Word Documents, spreadsheets, etc.)

  • Videos

  • SaaS platforms

  • Digital kiosks

There are limited exceptions for digital content:

  • Archived content published before compliance dates

  • Password-protected individualized documents

  • Preexisting social media posts

Who Enforces ADA Compliance?

Several agencies are responsible for enforcing ADA compliance, depending on which part of the law is involved. The U.S. Equal Employment Opportunity Commission (EEOC) enforces employment discrimination cases under Title I, while the DOJ Civil Rights Division enforces Title II (state and local government services) and Title III (public accommodations like businesses and restaurants).

Specialized agencies handle specific areas. For example, the Federal Communications Commission (FCC) oversees telecommunications accessibility while the Department of Transportation manages public transit compliance. 

Individuals can file complaints directly with the appropriate agency or pursue private lawsuits, with the DOJ coordinating overall enforcement efforts to ensure consistent ADA compliance.

What are the Risks of Non-compliance with the ADA?

Non-compliance with the ADA carries significant legal, financial, and reputation consequences that can severely impact an organization.

Federal penalties for ADA violations(opens in a new tab) include fines of up to $75,000 for first-time violations and up to $150,000 for subsequent violations. Some states, such as California, impose additional penalties of at least $4,000 per violation under laws like the Unruh Civil Rights Act(opens in a new tab). Individuals can also file private lawsuits against non-compliant organizations, which have become increasingly common and expensive. Even when lawsuits don’t result in federal fines, settlement costs can reach tens or hundreds of thousands of dollars in legal fees and remediation expenses. 

The broader consequences extend beyond monetary penalties to include exclusion of customers with disabilities, lost business opportunities, negative publicity, damage brand reputation, and potential regulatory investigations. 

The risks surrounding non-compliance are only growing as accessibility awareness increases and enforcement becomes more aggressive across both physical and digital environments.

Quiz Yourself

What digital content is required to be accessible under the ADA?

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Hint: Remember the ADA applies to a broad spectrum of content.

Quiz Yourself

Who enforces ADA compliance?

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Hint: Think about the different ADA titles.

Quiz Yourself

What’s one of the risks of non-compliance with the ADA?

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Hint: Non-compliance goes beyond just legal action.

Frequently Asked Questions

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What is Section 508 of the Rehabilitation Act?

Section 508 was originally added as an amendment to the Rehabilitation Act of 1973 in 1986. The modern version (the one enforced today) was enacted in 1998 when Congress amended the Rehabilitation Act to require federal agencies to make their electronic and information technology accessible to people with disabilities. 

The amendment was designed to eliminate barriers in information technology, with Congress establishing technical requirements for making digital content accessible to people with disabilities as well as members of the public. 

What are Section 508 Compliance Requirements?

To be compliant with Section 508, your digital content must follow the accessibility standards included in WCAG 2.1 Level AA. 

Who Needs to Comply with Section 508?

Section 508 applies to all federal agencies when they develop, procure, maintain, or use electronic and information technology. However, Section 508 does extend beyond federal agencies to include contractors, vendors, and any organization that creates digital tools or content for government use. This includes:

  • All federal government agencies and departments

  • Federal contractors and subcontractors

  • Organizations receiving federal funding, such as universities, museums, galleries, medical centers, etc.

  • Vendors selling technology products to federal agencies (e.g., a web development firm that creates a website for a federal agency may need to prove the website complies with Section 508).

There are some exemptions for Section 508 compliance. For instance, technology operated by agencies as part of a national security system does not have to meet Section 508 standards. Additionally, the law also exemplifies organizations where conformance would pose an ‘undue burden’ or require a ‘fundamental alteration’ of functionality.

What Digital Content Needs to Comply with Section 508?

Section 508 compliance requirements apply to a comprehensive range of digital content and technology, including:

  • Websites and web applications

  • Mobile applications and software

  • Electronic documents (PDFs, Word documents, presentations)

  • Multimedia content (videos, audio files, podcasts)

  • Digital kiosks and interactive systems

  • Email communications and digital correspondence

  • Intranet sites and internal systems

  • Hardware and telecommunications equipment

Any business that sells digital content to federal government agencies must ensure these products conform with Section 508 standards, or risk losing business.

Quiz Yourself

Who needs to comply with Section 508?

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Hint: Think a step above local governments.

Quiz Yourself

True or false: Contractors providing services to government agencies DO NOT need to be Section 508 compliant.

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Hint: Remember Section 508 requires ALL ICT to be accessible.

Who Enforces Section 508 Compliance?

Section 508 compliance is enforced by the U.S. DOJ and additional federal agencies. For instance, the U.S. Access Board creates the technical standards that federal agencies must follow when buying or building technology. When federal agencies purchase technology products or services, they’re now required to verify that these meet Section 508 accessibility standards. 

What are the Risks of Section 508 Non-compliance?

Non-compliance with Section 508 carries significant legal, financial, and operational risks: 

  • Financial penalties: Non-compliance can result in fines of up to $55,000 for the first violation and $110,000 for each subsequent violation. Penalties are similar in amount.

  • Loss of federal funding and contracts: The law allows those receiving federal funding to have those contracts revoked if they’re found to be non-compliant.

  • Legal action and lawsuits: Organizations that fail to meet Section 508 standards can be sued, which can result in costly legal fees, settlements, and court-ordered remediation. Each of these can require a significant investment in time and resources. 

  • Reputational and operational impact: Legal action also generates negative publicity, damaging an organization’s reputation and eroding private trust, which could harm existing contracts or lead to lost business opportunities.

Quiz Yourself

Which federal agency enforces Section 508?

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Hint: Get more specific than Congress.

Frequently Asked Questions

What is the California Unruh Civil Rights Act?

The Unruh Civil Rights Act was enacted in 1959 and stipulates that “all persons within the jurisdiction of the [state of California] are entitled to full and equal accommodations in all business establishments regardless of their sex, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, or sexual orientation.”

The act was updated in 1992 to include the disability community as those entitled to full and equal accommodation from businesses that serve the public in both their online and physical spaces.

What are the Unruh Civil Rights Act Requirements?

While the Unruh Act itself doesn’t specify technical digital accessibility standards (similar to the ADA), California courts consistently use WCAG 2.1 Level AA to measure compliance. 

An important thing to note: Any violation of the ADA automatically constitutes a violation of the Unruh Act, meaning organizations must meet both federal ADA requirements and California’s additional requirements to be considered compliant.

Who Needs to Comply with the Unruh Act? 

The scope of the Unruh Act is fairly broad, requiring “full and equal accommodations, advantages, facilities, privileges, or services in all business establishments.” More simply, the Unruh Act applies to California-based businesses, including:

  • All retail establishments and restaurants

  • Hotels, theaters, and entertainment venues

  • Healthcare providers and professional services

  • Banks, insurance companies, and financial institutions

  • Schools and educational institutions (when operating as businesses)

  • Online businesses and e-commerce platforms

The Unruh Act also applies to all websites that sell or promote products or services within the state of California, meaning businesses that intentionally target California consumers are generally subject to the act.

Similar to the ADA, there are some exemptions to the Unruh Act:

  • Religious institutions (unless operating public-facing businesses like daycare or thrift stores).

  • Private membership clubs that are selective and not open to the public.

  • Some private schools’ admissions practices. 

Quiz Yourself

What version of WCAG does Section 508 enforce?

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Hint: What's considered the international standard for compliance?

Quiz Yourself

Which California-based businesses need to be compliant with the Unruh Act?

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Hint: The Unruh Act applies broadly; it doesn't single out one sector.

Quiz Yourself

True or false: Businesses operating outside of California do not have to meet Unruh compliance requirements.

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Hint: Consider a business based outside of California but with California consumers. Would it still need to follow California's accessibility rules?

What Digital Content Needs to be Compliant with the Unruh Act?

California courts have interpreted the Unruh Act to cover websites and apps from organizations that serve the public, treating them as “business establishments.” Covered digital content includes:

  • Websites and web applications

  • Mobile applications and software

  • E-commerce platforms and online stores

  • Digital services and subscription platforms

  • Online banking and financial services

  • Educational platforms and online courses

  • Healthcare portals and telemedicine platforms

  • Government agency websites (under related California laws)

  • Social media and communication platforms

Who Enforces the Unruh Act?

The California Civil Rights Department (formerly the Department of Fair Employment and Housing) is the primary state agency responsible for enforcing the Unruh Act. However, the Act’s enforcement primarily occurs through private litigation, as individuals can file lawsuits directly against businesses for violations.

Unlike many civil rights laws that rely heavily on government enforcement, the Unruh Act empowers individuals to take legal action, making private lawsuits the most common enforcement mechanism. 

What are the Risks of Non-compliance with the Unruh Act?

The Unruh Act carries more significant penalties for non-compliance than other accessibility laws, making California account for a significant portion of accessibility lawsuits and litigation nationwide. Some additional risks surrounding non-compliance include:

  • Statutory damages: Plaintiffs can claim damages with a minimum $4,000 per access violation plus attorney fees. The law sets a minimum penalty of $4,000 for each act of discrimination(opens in a new tab), or for every day that discrimination continues. 

  • Additional financial consequences: This includes actual damages for monetary losses, attorney’s fees and court costs, and punitive damages that can quickly get expensive.

  • Litigation risk: California had the largest number of accessibility lawsuits filed in 2024 (over 2,500 cases(opens in a new tab)). The law’s monetary damages make it attractive to plaintiffs compared to federal laws that typically only provide injunctive relief.

  • Business consequences: License revocation, mandatory accessibility improvements, negative publicity, reputational damage, and lost customers and business opportunities are just some of the increased risks facing organizations. 

Another aspect that makes the Unruh Act different from the ADA is that the ADA doesn’t allow plaintiffs to claim damages, only attorneys’ fees. The Unruh Act, on the other hand, allows plaintiffs to claim up to three times in damages per incident, making violations significantly more expensive than federal ADA violations alone. 

Quiz Yourself

Who enforces the Unruh Act?

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Hint: Remember the Unruh Act is a California-based civil rights law.

Quiz Yourself

What makes the Unruh Act different from the ADA?

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Hint: Think about the consequences that surround non-compliance with each law.

Frequently Asked Questions

Domain-specific Accessibility Laws in the U.S.

The accessibility laws mentioned above are some of the most common ones; however, there are additional laws organizations should be aware of to create an accessible experience. These include both the 21st Century Communications and Video Accessibility Act (CVAA) and the Air Carrier Access Act.

21st Century Communications and Video Accessibility Act (CVAA)

What is the CVAA?

The CVAA was signed into law by President Barack Obama on October 8, 2010 to update federal communications law for the digital age. The law replaced outdated accessibility provisions from the 1980s and 1990s that couldn’t keep up with technological advancement. It was designed to ensure that 36 million Americans with hearing loss and 25 million with significant vision loss could access modern technologies, including broadband, digital, and mobile innovations.

The law also mandates that advanced communication technologies, including smartphones, television services, and internet-based platforms, are accessible through features like closed captioning, audio descriptions, and compatibility with assistive technologies. 

What is Required to be Compliant with the CVAA? 

The CVAA has two separate titles:

  • Title I: Communications Access: VoIP services, electronic messaging (email, text, instant messaging), video conferencing, and mobile web browsers must be accessible to people with disabilities. 

  • Title II: Video Programming: Streaming videos that had captions on TV must have captions online, audio descriptions for television programming, and accessible user interfaces for TVs and set-top boxes.

Who is Required to Comply with the CVAA?

Under the CVAA, the following entities must be compliant:

  • VoIP and electronic messaging service providers

  • Video game manufacturers and publishers (as of January 1, 2019)

  • Mobile device and smartphone manufacturers

  • Television and cable service providers

  • Streaming video providers (excluding user-generated content)

What Content is Required to be CVAA-compliant?

The CVAA applies to the following digital content:

  • Streaming video originally captioned on television

  • Text messaging, email, and video conferencing platforms

  • Mobile web browsers and applications

  • Gaming console communication features

  • Television and set-top box interfaces

Who Enforces the CVAA?

The Federal Communications Commission (FCC) enforces the CVAA through complaint processes, investigations, and significant fines. Individuals can file complaints through a 30-day dispute process, which can escalate to formal six-month investigations.

What are the Risks of Non-compliance with the CVAA? 

CVAA violations can result in fines up to $100,000 per violation, increasing by up to $100,000 for each day of continuing violation — up to a maximum of $1,000,000 for any single act. Additional consequences include FCC investigations, required compliance documentation, and reputational damage. 

Quiz Yourself

What does the CVAA stand for?

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Hint: Remember the CVAA ensures accessibility for both communications and videos.

Quiz Yourself

Who enforces the CVAA?

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Hint: Think about which of these bodies manages broadcasting, telecommunication, and accessibility requirements.

Frequently Asked Questions

Air Carrier Access Act (ACAA)

What is the Air Carrier Access Act (ACAA)?

The ACAA was enacted in 1986 to guarantee non-discriminatory treatment for people with disabilities when flying. The law was updated significantly in 2013 with new digital accessibility requirements, mandating that all domestic and foreign air carriers have accessible websites and kiosks by 2016.

The ACAA prohibits discrimination in air travel and ensures equal access to air transportation services. It establishes a “Bill of Rights” for travelers with disabilities and requires airlines to provide assistance and accommodations so individuals with disabilities can travel independently. 

What are the Requirements of the ACAA?

Airlines must comply with WCAG 2.0 Level AA for core flight services, including booking or changing reservations, check-in, accessing itineraries, flight status, frequent flyer accounts, flight schedules, and carrier contact information. Airlines must also provide physical accommodations and assistance with boarding, navigation, and assistive device handling. 

Who Needs to Comply with ACAA? 

The ACAA requires that the following organizations meet compliance requirements:

  • All U.S. airlines operating commercial passenger services

  • All foreign airlines operating flights to, from, or within the United States

  • Airport operators, airline contractors, and ground handling companies

  • Travel booking websites and platforms

What Digital Content is Required to be Accessible Under the ACAA?

With air travel becoming increasingly more digital, the ACAA requires the following digital tools to be accessible:

  • Flight booking and reservation systems

  • Mobile apps for booking, check-in, and flight tracking

  • Self-service check-in kiosks

  • In-flight entertainment systems

  • Airport information systems

Who Enforces the ACAA?

The U.S. Department of Transportation (DOT) enforces the ACAA through its Aviation Consumer Protection Division. The DOT investigates complaints, conducts compliance reviews, and can impose civil penalties and corrective action requirements.

What are the Risks of Non-Compliance with the ACAA?

Each ACAA violation subjects airlines to civil penalties up to $27,500 per violation. Additional consequences include loss of operating authority, required corrective action plans, DOT oversight, negative publicity, and increased scrutiny from disability rights organizations.

Keep Learning

Move to the next chapter: European Accessibility Laws.

Frequently Asked Questions