United States
United StatesADA website accessibility: where things stand in 2026
No federal regulation sets a technical accessibility standard for private business websites, yet the Department of Justice considers them covered by the ADA and lawsuits are frequent. Here is what the texts say, why WCAG 2.1 AA is the reference, and what we can do on your site.
Title III: businesses open to the public
The Americans with Disabilities Act of 1990 prohibits discrimination against people with disabilities. Its Title III applies to public accommodations: businesses open to the public, such as stores, restaurants, hotels, banks, clinics and many service providers.
The law predates the web, and it does not mention websites. The Department of Justice (DOJ), which enforces it, has taken a clear position in its March 2022 guidance on web accessibility: a website with inaccessible features can limit the ability of people with disabilities to access a public accommodation's goods and services, and the ADA's requirements of nondiscrimination and effective communication apply to what a business offers online.
The same guidance states that the Department has no regulation setting out detailed standards for businesses. Businesses have flexibility in how they comply, but they must make sure that what they offer to the public, including online, is accessible. It points to the Web Content Accessibility Guidelines (WCAG) as helpful guidance.
Title II: the 2024 rule, and why it matters to businesses too
Title II of the ADA applies to state and local governments. On April 24, 2024, the DOJ published a final rule requiring their web content and mobile apps to meet WCAG 2.1 level AA. It is the first federal ADA regulation to name a technical standard for websites.
The original compliance dates fell in 2026 and 2027. On April 20, 2026, an interim final rule pushed them back by one year: April 26, 2027 for public entities serving a population of 50,000 or more, and April 26, 2028 for smaller ones and special district governments. The substantive requirements, including WCAG 2.1 AA, did not change.
This rule does not apply to private businesses. It still matters to them in two ways. It confirms WCAG 2.1 level AA as the standard the federal government considers appropriate for the web. And a business that provides services to a state or local government under contract may be asked to meet it.
Lawsuits and enforcement
Besides the DOJ, individuals can bring lawsuits under Title III, and claims over inaccessible websites are brought against businesses regularly, often after a demand letter.
Courts do not all read Title III the same way. In Robles v. Domino's Pizza, decided in 2019, the Ninth Circuit held that the ADA applied to Domino's website and app because they were closely connected to its physical restaurants, and rejected the argument that the absence of a federal technical standard made the claim unfair. Other courts have taken narrower views, especially for businesses that operate only online. Where your business is located, and where your customers are, can therefore change your exposure.
The DOJ also acts directly. Its guidance lists settlements with businesses such as H&R Block, over a website that could not be used with assistive technology, Peapod, over an online grocery service, and Rite Aid, over a vaccine registration portal.
Why WCAG 2.1 AA is the practical target
WCAG is published by the World Wide Web Consortium (W3C). Version 2.1 organizes its criteria under four principles: content must be perceivable, operable, understandable and robust. Level AA is the level adopted by the DOJ for public entities, and the one most settlements and audits refer to.
The DOJ guidance gives concrete examples of barriers, which are also the ones we find most often on business websites and online stores:
poor color contrast, such as light gray text on a light background;
images, charts and buttons without a text alternative;
videos without synchronized captions;
menus, filters and checkout steps that cannot be used with a keyboard alone;
forms without labels, clear instructions or understandable error messages.
The same guidance warns about automated tools. Automated checkers and overlays can help, but like spelling checkers they must be used carefully: a clean report does not mean that everything is accessible. A widget added on top of a site does not make an inaccessible checkout usable with a keyboard.
How we help
Our accessibility audit covers a representative sample of pages, templates and user journeys agreed at the start. It combines automated tools (axe DevTools, WAVE, Lighthouse) with manual checks of the criteria that tools cannot detect, and delivers a report with a criterion-by-criterion grid, a prioritized remediation plan and a draft accessibility statement.
Because we build websites and online stores, we can then apply the technical fixes directly on your Shopify or WooCommerce store or your website, on a separate quote based on the defects found. On the websites we build, WCAG 2.1 AA is the reference from the design stage, not an afterthought.
What we deliver is technical work, not legal advice. We do not promise that your business will be shielded from demand letters or lawsuits, and an audit is neither a certification nor a guarantee of compliance: it covers the agreed sample, at a given date, and a site keeps changing after it. If you have received a demand letter, speak to an attorney first; we can then provide the technical audit and remediation.
Prices are on our pricing page, and you can describe your site to us on our contact page.
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Frequently asked questions
Is there a legal standard for private business websites under the ADA?
Not in a regulation. The DOJ says websites of businesses open to the public are covered, but it has not set a technical standard for them. WCAG 2.1 level AA, adopted in 2024 for state and local governments, is the usual reference.
Did the 2026 extension change anything for businesses?
No. The April 2026 interim final rule only moved the Title II compliance dates for state and local governments to April 2027 and April 2028. Title III and the risk of private lawsuits against businesses are unchanged.
Will an accessibility overlay protect my business?
The DOJ warns that automated tools and overlays must be used carefully and that a clean report does not mean a site is accessible. Barriers have to be fixed in the site itself and checked by hand.
Can you guarantee we will not be sued?
No. We audit, fix and document accessibility to WCAG 2.1 AA, which reduces barriers and shows your efforts, but no provider can prevent a lawsuit, and we do not give legal advice.