Who is Exempt from ADA Compliance? 

Many organizations assume they’re exempt from compliance with the Americans with Disabilities Act(opens in a new tab) (ADA) — especially when it comes to their websites. The reality is more nuanced.

In brief: ADA exemptions are typically limited to specific types of organizations, such as religious groups and private clubs. However, these exemptions are often narrow and rarely provide a blanket "pass" for digital content that interacts with the general public.

Title I, Title II, and Title III ADA Compliance

Here’s where the ADA often gets confusing: it’s not just one sweeping law. The ADA is actually divided into different sections — called “Titles” — and each one covers a different part of public life. The Title that applies to your organization on what type of entity you operate. For example: 

• Title I focuses on employment practices. It prohibits employers from discriminating against qualified individuals and generally requires them to provide reasonable accommodations. This often extends to internal digital tools and software used by employees.

• Title II applies to state and local government entities. The Department of Justice(opens in a new tab) (DOJ) recently updated Title II(opens in a new tab) to require that government digital content generally align with WCAG 2.2 Level AA standards.

• Title III governs "public accommodations." This title often applies to private businesses that provide goods or services to the public, such as retail stores, healthcare providers, office buildings, restaurants, hospitals, and schools. The DOJ has repeatedly emphasized that websites and mobile apps are considered places of public accommodation under Title III.

Are There ADA Exemptions for Websites?

ADA exemptions for websites aren’t as straightforward as many organizations assume. Even if your organization qualifies as a religious entity or private club, that doesn’t necessarily mean your website is exempt. Public-facing digital activities — like selling products online or providing information to the general public — often trigger accessibility requirements, regardless of your exempt status under other parts of the law.

In practice, websites are rarely considered entirely exempt. Even if an organization qualifies for an exemption in its physical operations, its digital presence may still be subject to scrutiny if it serves a public function.

Common Exemption Categories

• Religious organizations: Places of worship, including churches, synagogues, and mosques, are generally exempt from Title III requirements. However, this only applies to their religious activities and internal operations. If a religious entity operates a business or service that is open to the broader public, such as a daycare or a public cafe, the ADA may apply to those specific activities.

• Private membership clubs: Organizations that are truly private — meaning they have highly selective membership criteria and are not open to the public — are generally exempt. This exemption can be lost if the club hosts events open to the general public or offers its digital services to non-members.

• Small businesses: The ADA does not contain a specific "small business exemption" for website accessibility. That said, the law does recognize that not every accommodation is financially feasible for every business. The ADA uses the standard of “readily achievable” — meaning what’s reasonably possible given a business’s resources. However, as accessibility tools have become more affordable and widely available, courts and regulatory bodies increasingly expect businesses of all sizes to make their websites accessible.

• Historic buildings: While not entirely exempt from ADA guidelines, they may have more lenient accessibility requirements to preserve their architectural integrity.

How ADA Exemptions Compare to Other Accessibility Requirements

While the exemptions above focus specifically on the ADA, it’s important to recognize that website accessibility isn’t governed by just one law or standard. Depending on your organization type or industry, you may also encounter Section 508 requirements or the Web Content Accessibility Guidelines(opens in a new tab) (WCAG) — each with its own approach to exemptions and compliance. 

To fully understand where your obligation begins and ends, it helps to see how exemptions across the three most common accessibility frameworks.

Section 508 Exemptions

Section 508 of the Rehabilitation Act applies specifically to federal agencies and organizations receiving federal funding. Unlike the ADA, Section 508 is more prescriptive about technical requirements — but it does offer some flexibility. Older content that hasn’t been updated may fall under “Safe Harbor” provisions, meaning it doesn’t need immediate attention. That said, any new digital content or major updates to existing content are expected to meet current accessibility standards.

WCAG: Guidelines vs. Legal Requirements

WCAG is a set of international technical standards, not a law in itself. However, because the ADA does not explicitly detail technical code requirements for websites, the DOJ and various courts frequently rely on WCAG 2.1 and 2.2 Level AA as the benchmarks for determining if a digital space is accessible. 

Overlapping brown circles, an image of a mountain range next to a code block reading <ALT>, and arrow keys

What are “Readily Achievable” ADA Accommodations?

Under Title III, businesses are expected to remove barriers when such action is "readily achievable," meaning it can be accomplished without much difficulty or expense. In a physical context, this might involve installing a ramp or widening a doorway.

When it comes to the digital world, the "readily achievable" standard has evolved alongside technology. Accessibility tools and automated solutions have become significantly more affordable and user-friendly in recent years, making it easier and less expensive to fix common website barriers. As a result, accommodations that might have seemed out of reach for smaller businesses a decade ago are now generally considered feasible for organizations of most sizes.

Understanding “Undue Hardship” vs. “Readily Achievable”

It’s easy to confuse these two terms, but they apply in different contexts. “Readily achievable” is the standard for public accommodations under Title III — including websites. It means what’s easily accomplishable without much difficulty or expense.

“Undue hardship,” on the other hand, primarily applies to employment accommodations under Title I. It refers to significant difficulty or expense when providing workplace accommodations for employees with disabilities. For example, a small business might successfully argue undue hardship if asked to install a $50,000 elevator for a single employee.

For website accessibility specifically, courts typically evaluate whether fixes are “readily achievable” rather than whether they create undue hardship.

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

Why ADA Exemptions Matter: The Cost of Non-Compliance

Even with the exemptions outlined above, the vast majority of businesses will find that their websites are subject to ADA compliance requirements. For those who do need to comply, the stakes are real.

Digital accessibility litigation has become increasingly common for businesses of all sizes. Estimates from Seyfarth Shaw indicate that thousands of ADA-related lawsuits are filed annually, with 8,800 in 2024 alone(opens in a new tab).

The costs associated with these legal actions — including legal fees, settlements, and potential penalties — can be substantial. While these legal risks are a major driver for compliance, many organizations are discovering that proactive accessibility is also a strategic advantage. Beyond risk mitigation, an accessible website improves the user experience for all visitors and unlocks access to a wider global market.

How AudioEye Helps Businesses Become ADA-Compliant

Regardless of your organization's size or exemption status, making your digital content accessible is a best practice that improves user experience and helps mitigate legal risk. And taking steps to improve your website’s accessibility is easier than you think. 

AudioEye’s Accessibility Platform provides a suite of tools designed to help you align with ADA standards. Our Web Accessibility Scanner identifies 32 WCAG violations, and our team offers Expert Audits to identify and resolve complex barriers. Together, these tools support your long-term compliance efforts and help you create a welcoming, accessible experience.