ADA Requirements

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Overview of ADA & Section 504

What the Law Requires

The Americans with Disabilities Act (ADA) is a federal civil rights law that prohibits discrimination against people with disabilities in all programs, services, and activities of state and local governments.

“State and local governments must ensure that their programs, services, and activities are accessible to people with disabilities.”
— U.S. Department of Justice, ADA Title II

Section 504 of the Rehabilitation Act applies to any entity receiving federal financial assistance and requires equal access to programs and services, including digital content. Guidance

Section 504 of the Rehabilitation Act applies to any entity receiving federal financial assistance and requires equal access to programs and services, including digital content.

“No otherwise qualified individual with a disability… shall, solely by reason of her or his disability, be excluded from participation in, denied the benefits of, or be subjected to discrimination.”
— Section 504, Rehabilitation Act of 1973

What This Means for Public Entities

Applies regardless of size, budget, or staffing.
References: ADA.gov • U.S. DOJ Civil Rights Division • HHS Office for Civil Rights
Title II Requirements (State & Local Government)

Who Title II Applies To

Title II of the ADA applies to all state and local government entities, including departments, agencies, boards, commissions, and special districts.

“Title II applies to all services, programs, and activities provided or made available by public entities.”
— U.S. Department of Justice

Equal Access Standard

What This Means in Practice

“A public entity may not deny qualified individuals with disabilities an opportunity to participate in or benefit from the aid, benefit, or service.”
— DOJ Title II Regulations

Considered Violations:
Posting inaccessible PDFs violates Title II
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Offering phone-only alternatives is not sufficient
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Accessibility must be built in, not optional or reactive
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References: 28 CFR Part 35 • DOJ ADA Title II Technical Assistance Manual WCAG 2.1 / 2.2 Explained

The Technical Standard Used for Compliance

While the ADA itself does not name a technical standard, the DOJ and federal agencies consistently reference the Web Content Accessibility Guidelines (WCAG) as the benchmark for digital accessibility.

“The Department has advised that the Web Content Accessibility Guidelines (WCAG) are an appropriate measure of accessibility.”
— U.S. Department of Justice

Most public-sector enforcement actions reference:

  • WCAG 2.1 Level AA (current baseline)

WCAG 2.2 Level AA (emerging standard)

(POUR)

Core Principles

Accessible content must be:

Perceivable

Operable

Understandable

Robust

What This Means for You

  • Accessibility overlays alone do not meet WCAG

  • PDFs must be properly tagged and readable by screen readers

  • Ongoing monitoring is required as content changes

References:
W3C • DOJ Accessibility Guidance • Section 508 Standards

Unsure What ADA Compliance Will Cost?

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The DOJ's Position

DOJ Federal Guidance

DOJ Position on Web Accessibility

The Department of Justice has repeatedly affirmed that websites are covered by the ADA, even without separate regulations.

“The ADA’s requirements apply to all services, programs, and activities of state and local governments, including those offered on the web.”
— DOJ Civil Rights Division

Federal agencies consistently enforce accessibility through:

  • Complaint investigations
  • Settlement agreements
  • Compliance reviews
Key Federal Agencies Providing Guidance
  • U.S. Department of Justice (DOJ)
  • Department of Education (OCR)
  • Department of Health & Human Services (HHS)
  • Department of Transportation (DOT)
  • General Services Administration (GSA)

References:
ADA.gov • DOJ Civil Rights Settlements • Federal Register

Accessibility Questions, Answered

More Answers to Your Accessibility Questions

From website accessibility to document remediation and compliance audits, these answers provide clarity on how accessibility works and what steps organizations should take.

Yes. Compliance is not optional and not dependent on future rulemaking.

“Public entities have an ongoing obligation to ensure accessibility.”
— U.S. Department of Justice

Deadlines may be triggered by:

  • Launching a new website
  • Posting new digital content
  • Receiving a complaint
  • Accepting federal funds
  • Entering a consent decree or settlement
  • Waiting increases legal and financial risk

     

  • “We didn’t know” is not a defense

     

  • Accessibility must be addressed now, not later

     

References:
DOJ Title II Regulations • OCR Resolution Agreements

Enforcement can occur through:

  • DOJ investigations

     

  • OCR complaints

     

  • Private civil actions

     

  • Settlement agreements

     

  • Court orders

     

“Compensatory damages and injunctive relief may be awarded for violations of Title II.”
— U.S. Department of Justice

Consequences may include:

  • Mandatory remediation under strict timelines

     

  • Staff training requirements

     

  • Ongoing monitoring and reporting

     

  • Legal fees and reputational harm

     

Important Clarification

You do not need to be sued to be found noncompliant.

Complaints alone can trigger federal enforcement.

References:
DOJ Enforcement Actions • OCR Case Resolutions • ADA Title II