Why You Should Care About ADA Title II: Top 3 Reasons

Complying with any type of legal regulation typically has two levels: compliance for the sake of compliance (i.e., to avoid legal action or monetary fines) or enthusiastic compliance (i.e., following recommendations to create a better product for users). 

Understandably, the latter reaction may be felt first, especially if the compliance standards you’re trying to meet are extensive or overwhelming. Yet, following these standards can drastically improve situations for users. 

Take Title II of the Americans with Disabilities Act (ADA)(opens in a new tab), for example. Last year, the U.S. Department of Justice (DOJ) announced they would begin enforcing accessibility standards in the Web Content Accessibility Guidelines(opens in a new tab) (WCAG) to ensure individuals with disabilities have equal access to digital content. While following the more than 50 accessibility standards may feel overwhelming, doing so contributes to a more equitable, accessible online experience for people with disabilities. 

Below, we’ll explain why Title II of the ADA deserves your attention, the benefits of compliance, and how to avoid non-compliance penalties. 

ADA Title II: Why Web Accessibility Deserves Your Attention

Think about how digital the world is today. In the last few decades, virtually every aspect of our day-to-day lives has been digitized. How we communicate, work, socialize, pay bills, manage our schedules, complete tasks, access information — all done online. 

Yet, too much of the web remains inaccessible to individuals with disabilities. For example, AudioEye’s Web Accessibility Checker scanned over 400,000 web pages across 15,000 websites and found that the average page has 297 accessibility issues. Errors ranged from a lack of alt text and non-descriptive links to missing form and button labels. Each one limits users with disabilities from accessing online information — which is a civil right. 

To combat this, the U.S. federal government created the ADA (among other accessibility guidelines such as Section 508 of the Rehabilitation Act), which protects individuals with disabilities from discrimination in places of public accommodation, including digital spaces. Title II requires state and local governments to ensure equal access not only in physical spaces but also across their websites, mobile applications, and digital documents. These standards were created to eliminate barriers that prevent individuals with disabilities from using public services and programs. We’ll break down the key requirements below. 

Title II Regulations and Standards

Title II of the ADA applies specifically to local government entities and public entities. The DOJ has stated that public places also apply to online spaces, meaning organizations or entities that fall under specific categories (which we’ll discuss below) are required to provide accessible digital content and adhere to accessibility requirements. 

More specifically, this means adhering to the more than 50 success criteria outlined in WCAG. Each success criterion is designed to improve usability and functionality for users with disabilities. For example, WCAG recommends that all images include alternative text (alt text) to ensure individuals with visual impairments (i.e., blindness or low vision) or those using assistive technologies such as screen readers don’t miss valuable information or context. WCAG also includes guidelines or suggestions for web elements such as:

• Images

• Links 

• Buttons

• Online forms

• Downloadable documents (e.g., PDFs, Word files, spreadsheets, presentations, etc.)

• Videos 

• Multimedia content

• Navigation menus

• Color and contrast

2024 Updates to ADA Title II Regulations

Towards the end of 2023, the DOJ issued a Notice of Proposed Rulemaking to revise Title II of the ADA. The new rule was introduced to address long-standing gaps in how the ADA applies to websites, mobile apps, digital documents, and other digital content — areas that weren’t clearly defined in earlier regulations. While Title II has always required state and local governments to provide equal access to their programs and services, it lacked specific technical standards for what constituted as an accessible design.

The new ruling, which was finalized in April 2024, provides much-needed clarity. For example, it specifies that digital documents — including spreadsheets, presentation files, word-processing documents, and PDFs — must follow the guidelines included in WCAG 2.1 Level AA. 

By adopting WCAG 2.1 Level AA, the DOJ has established a clear, enforceable framework for ADA compliance in the digital spaces — helping public entities understand not just that ADA standards are required, but what it means in practice.

ADA Title II: Who is Impacted in 2024?

When the ADA was first created (nearly 30 years ago), it was designed primarily for physical spaces (private entities were largely excluded from the ADA) and required organizations to provide reasonable accommodations for individuals with disabilities.

Today, the act applies to the digital world, with the government requiring federal agencies to provide reasonable modifications for the disability community. This shift ensures that individuals with disabilities can access critical government documents, including public records, healthcare information, tax documents, utility statements, etc. 

Under the new guidelines, ADA Title II applies to state and local governments, including:

• State executive legislatures

• Local government services or programs

• Counties, towns, and cities

• School districts 

• Public education institutions and public schools

• Special districts

• Public transportation and transportation services

• State and local government instrumentalities

Title II also applies to third parties. For example, if an agency or vendor creates digital content that’s made available to a government agency, that content must comply with accessibility laws. 

Timeline for ADA Title II Compliance

The DOJ’s final rule under ADA Title II is already in effect — and the clock is ticking for public entities to meet the new accessibility requirements. While the deadlines vary based on the size and type of organization, it’s critical to be proactive and prioritize accessibility now. This is especially important for larger organizations that have less than a year to bring their digital content into compliance.

Here’s a breakdown of who needs to comply and by when:

• Public entities serving 50,000 people or more have until April 24, 2026 to meet accessibility requirements. 

• Public entities serving less than 50,000 people must comply by April 26, 2027. 

• Public K-12 schools (regardless of size) also have until April 26, 2027. 

While smaller organizations have more time, they often have fewer resources, making achieving compliance more challenging. Starting now helps prevent a last-minute scramble, avoids costly remediation down the line, and ensures digital content is accessible before the deadline hits.

Stylized web browser with accessibility symbol, balanced scale, and AudioEye symbol next to it.

Benefits of Title II Compliance

Web accessibility is a critical investment for your business. At the same time, it can feel like a regulatory burden; accessible digital content actually unlocks a myriad of opportunities. We’ve highlighted a few benefits of ADA compliance below.

Compliance with Legal Mandates

This is arguably the biggest benefit of ADA compliance. While following WCAG accessibility standards won’t completely eliminate the likelihood of litigation or costly legal battles, it significantly reduces legal risk by demonstrating a good-faith effort to meet established technical requirements. Additionally, aligning with WCAG 2.1 Level AA can strengthen your legal defense and show a proactive commitment to digital accessibility. 

Contribute to a More Equitable Internet

Accessible digital content enables you to contribute to a more equitable, accessible internet. More simply, you do your part in ensuring everyone — regardless of their ability — can access and use digital content. This also highlights your commitment to accessibility and social responsibility, which creates a more positive reputation among consumers who increasingly value diversity and accessibility.

Expand Your Market Reach

1.3 billion people worldwide have a disability(opens in a new tab). If your digital content isn’t accessible,  you limit the number of people who can use your product or service. By adhering to accessibility requirements, you can tap into this vast market of potential customers, which means more customers and revenue opportunities. Plus, accessible content aligns with SEO best practices(opens in a new tab), meaning improving accessibility and usability can also boost your search rankings.

ADA Title II: Penalties for Non-Compliance

The new Title II ruling now requires government agencies and local entities to comply with WCAG standards. Organizations that fail to meet WCAG 2.1 Level A and AA standards will face penalties put forth by the DOJ. This includes:

• Financial penalties: If your digital content is inaccessible, you may have to pay substantial fines. For instance, a single ADA violation can cost up to $75,000(opens in a new tab), and the fine increases to $150,000 for additional violations. 

• Legal penalties and lawsuits: If an individual with a disability attempts to access or use your digital content but finds it inaccessible, the individual can pursue legal action against your business. This includes lawsuits or ADA demand letters, which can be expensive, time-consuming, and reputation-damaging.

• Damage to business reputation: Today’s consumers increasingly value socially responsible and inclusive brands. Failing to follow Title II guidelines can portray your company as ignorant or uncaring, driving potential customers away. 

These penalties can have long-lasting and potentially severe consequences on your business. Rather than run the risk, prioritize accessibility. Doing so can help you thrive in today’s increasingly digital world, where inclusivity and diversity are prioritized among customers. 

How AudioEye Helps You Champion Web Accessibility and ADA Compliance

Accessibility is no longer a nice-to-have feature — it’s a critical part of creating accessible and compliant online environments where everyone can fully participate and stay on the right side of the law. While following ADA accessibility standards can feel overwhelming, doing so has numerous benefits, from minimizing legal action to expanding your customer base. 

Whether you’re just getting started with accessibility or have several years of experience in the industry, AudioEye is committed to supporting you on your accessibility journey. From our Web Accessibility Checker (perfect for those just getting started), which scans for 32 WCAG violations, to our Automated Accessibility Platform that detects and fixes common accessibility issues, AudioEye helps you take proactive, strategic steps to remove accessibility barriers.

Plus, with AudioEye Assurance, you’ll enjoy peace of mind knowing your digital content is 400% more protected than consulting or automation-only approaches. 

Ready to get started? Get in touch with us to schedule a demo.

Not ready to talk? Use our Web Accessibility Checker for a high-level overview of how accessible your existing content is.