Who Enforces ADA Compliance?

The Americans with Disabilities Act (ADA) is enforced by several U.S. government agencies, 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.

Author: Missy Jensen, Senior SEO Copywriter

Published: 05/11/2026

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One of the many misconceptions about the Americans with Disabilities Act(opens in a new tab) (ADA) is that it’s an all-encompassing office that enforces all accessibility laws. The reality is that ADA compliance is enforced by several government agencies, primarily the U.S. Department of Justice (DOJ), the Equal Employment Opportunity Commission (EEOC), and the Federal Communications Commission (FCC).

Below, we’ll explain ADA enforcement in more detail, including the law's provisions and how each protects the rights of individuals with disabilities.

Who Enforces the ADA?

As mentioned above, various parts of the ADA are enforced by different U.S. government agencies. Here’s a basic overview:

ADA Title	Enforcing Agency	Scope
Title I	U.S. Equal Employment Opportunity (EEOC)	Protects against discrimination in employment. Ensures individuals with disabilities have equal opportunities and reasonable accommodations.
Title II	U.S. Department of Justice (DOJ) and Access Board; Dept. of Transportation, Dept. of Health and Human Services, Dept. of Education	Prohibits discrimination by public services. Ensures public entities, including state and local governments, do not discriminate and that their physical and digital offerings are accessible.
Title III	U.S. DOJ and Access Board	Prohibits discrimination in places of public accommodation (hotels, restaurants, theaters, doctors’ offices, retail stores, and other commercial facilities). Organizations that fail to provide reasonable accommodations, such as wheelchair ramps, accessible parking, or accessible websites, may face fines or legal action.
Title IV	Federal Communications Commission	Prohibits discrimination in telecommunications. Requires phone and internet companies to provide accessible communication options for individuals with visual, auditory, and speech disabilities, and mandates closed captioning on all federally funded public service announcements.
Title V	U.S. DOJ	Covers miscellaneous provisions, including the ADA’s relationship to other laws, insurance, prohibition against retaliation and coercion, attorney’s fees, and illegal drug use. Entities that fail to provide accessible facilities or information may face consequences from the DOJ.

How the DOJ 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 stated that the law 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 hotel chain was sued for allegedly failing to provide accessible accommodations at many of its locations.

DOJ Civil Penalties for ADA Title III Violations

ADA violations can result in stiff penalties. For a first violation, businesses may face a maximum civil penalty(opens in a new tab) of $75,000. Subsequent violations have a maximum penalty of $150,000.

Private ADA Enforcement

While the DOJ handles agency-level enforcement, the ADA is most commonly enforced through private litigation. Any individual with a qualifying disability (defined under the ADA as a physical or mental impairment that substantially limits one or more major life activities) can file an ADA web accessibility lawsuit directly in federal court without first filing a complaint with a government agency. More simply, if a person with a disability encounters a barrier on your website, they can sue you directly, no agency review required first.

Under the federal ADA, plaintiffs can recover injunctive relief (a court order requiring the business to fix the accessibility barrier) and attorney’s fees, but not monetary damages. This means that businesses' financial exposure typically comes from legal costs rather than a damages award.

That said, state laws can significantly raise the stakes. California’s Unruh Civil Rights Act, for example, allows plaintiffs to seek statutory damages of up to $4,000 per violation — independent of any actual harm suffered.

Who Can File a Web Accessibility Lawsuit Under the ADA?

Under the ADA, any person with a disability has the right to file a lawsuit. The law doesn’t define a specific list of qualifying conditions. To meet the ADA’s definition of disability(opens in a new tab), a plaintiff must have a mental or physical impairment that substantially limits a major life activity, have a history of such an impairment, or be perceived by others as having one. If successful, plaintiffs can recover legal expenses and obtain court orders to stop ADA violations.

Can Plaintiffs Profit by Filing ADA Lawsuits?

Not directly. The ADA allows courts to award attorneys’ fees but doesn’t permit plaintiffs to recover damages. That said, most accessibility lawsuits settle before trial, and ADA settlement amounts can be costly. State laws can go even further, and businesses aren’t always protected by geography: companies without a California presence(opens in a new tab) can still face claims under the Unruh Act, for example.

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

The DOJ has been clear(opens in a new tab): an inaccessible website “can keep people with disabilities from joining or fully participating in civic or other community events” like two meetings or their child’s school programs. Because ADA compliance applies to all organizations, businesses have both a legal and ethical responsibility to meet the needs of people with disabilities.

And the need goes beyond compliance. An accessible website can improve SEO, strengthen your brand, and deliver a better experience for everyone.

The good news: getting there doesn’t have to be complicated. AudioEye detects up to 2.5x more issues than competing tools and resolves approximately 97% of them automatically, before your team ever gets involved. Our platform expertly combines powerful automation with expert-written custom fixes, enhancing the accessibility of your digital content.

If you’re already facing a claim, AudioEye Assurance is the industry’s only legal guarantee that shows up when it counts. Our legal experts analyze every claim, craft a custom response if it’s frivolous, and pay out the full coverage amount if the claim is valid. No loopholes.

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