American Disability Act (ADA)

Introducing American Disability Act

In 2023 alone, over 4,500 lawsuits were filed against U.S. businesses for having websites that were not accessible to people with disabilities, - a 12% increase on the year before.

More than 1,000 of those lawsuits were against companies that had already been sued for the same issue in the past few years. The message is clear, businesses that do not fix their accessibility issues are likely to face legal consequences.

An accessible website helps you reach more customers while improving the experience for all users. It also boosts your search visibility and positions your brand as digitally inclusive.

According to the World Health Organisation WHO over a billion people, roughly one in eight globally, live with some form of disability. As populations age, this number is set to rise. In fact, research says more than 2 billion people will need at least one assistive technology, like communication aids, memory supports, or hearing devices, within the next decade.

When it comes to the global workforce, the Return on Disability Group reports that around 756 million working-age people (25-64) currently have some form of disability. That's 22% of the global workforce, a figure too significant to ignore.

With this in mind, it is hardly surprising that digital accessibility legislation is a growing consideration for businesses with websites and digital platforms worldwide. In the United States, the most prominent legislation is the Americans with Disabilities Act (ADA). Originally passed in 1990 to prevent discrimination in physical areas, the ADA has since been extended, through court rulings and advocacy efforts to cover digital platforms, including websites, mobile apps, and online services.

Alongside the ADA, other laws such as Section 508 of the Rehabilitation Act and the Twenty-First Century Communications and Video Accessibility Act (CVAA) contribute to a growing legal framework that prioritises inclusive access to digital technologies.

As awareness of digital inclusion grows, so do the expectations of businesses to create more accessible online platforms for everyone. The number of ADA website accessibility lawsuits has increased significantly in recent years. Many organisations have faced legal action over websites that are difficult or impossible to use for people with visual, auditory, or motor impairments, often resulting in expensive settlements and reputational damage.

With all this considered, it’s clear that when it comes to websites and digital platforms, meeting ADA requirements is both a business necessity and an ethical responsibility. In this guide, we will explore what ADA compliance really means, why it matters, and how you can make your website more inclusive for everyone.

A Background on US Accessibility Regulation & the ADA

Enacted in 1990, the Americans with Disabilities Act is a landmark civil rights law aimed at eliminating physical barriers. It helped to transform accessibility in education, employment, transportation, and public service areas.

As life and business shifted online, courts faced a critical question "How should accessibility laws apply to digital spaces?" In 1996, the U.S. Department of Justice (DOJ) clarified that websites should be considered 'public accommodations' under the ADA, just like physical spaces. In the early days, inconsistent court rulings created confusion, with some supporting this view while others claimed the ADA didn't explicitly cover digital platforms. This legal gray area left businesses and developers uncertain for years about their online accessibility requirements. That began to change in the late 1990s. In 1998, an amendment to Section 508 of the Rehabilitation Act made digital accessibility mandatory for federal agencies, introducing clear technical standards.

Simultaneously, global frameworks like the Web Content Accessibility Guidelines (WCAG) emerged, with WCAG 1.0 launching in 1999 and the improved WCAG 2.0 following in 2008. These guidelines became widely recognised benchmarks for digital accessibility.

Web accessibility is gradually evolving, and it is steadily becoming a legal and societal priority driven by some landmark cases. One notable example, in 2016 involved, Domino's Pizza who faced a critical lawsuit when their website and app were found to be inaccessible to a customer who is visually disabled. When the Supreme Court refused to hear Domino's appeal, it allowed the lower court's decision to stand clearly confirming that the ADA does indeed apply to websites and apps.

By 2022, the number of ADA-related website accessibility lawsuits hit a record 3,255, including many class actions against companies with inaccessible digital platforms. The U.S. Department of Justice (DOJ) and courts have made it clear that websites require the same accessibility considerations as physical spaces.

And it’s not just the ADA. Section 508 remains a critical piece of legislation for federal entities, mandating digital accessibility across the board. What started as recommendations have now become enforceable legal obligations that organisations can no longer ignore.

ADA Compliance Requirements for Websites & Digital Products

On the back of an increasing number of high-profile legal cases including the Dominos case mentioned above, it has become clear that digital platforms must be accessible to comply with the ADA. However, the ADA itself doesn’t spell out the technical standards required to ensure compliance. Instead of embedding specific guidelines into the legislation, businesses are expected to follow established best practices that have become widely accepted benchmarks.

So, what is recognised? That would be the Web Content Accessibility Guidelines (WCAG), particularly version 2.0 Level AA. Developed by the World Wide Web Consortium (W3C), these guidelines are designed to make digital content accessible to people with a wide range of disabilities, including visual, auditory, cognitive, and motor impairments.

Although the U.S. Department of Justice (DOJ) hasn’t formally incorporated WCAG into the ADA, it has consistently referred to WCAG 2.0 Level AA as the de facto standard in legal settlements. For example, the DOJ's 2015 agreement with the University of Montana. The university was required to bring its entire website and online services up to WCAG 2.0 AA standards.

The Office of Civil Rights found that the university violated Section 504 and WCAG AA standards. Due to this people with disabilities were not able to get an equal access for programs and effective communication. The DOJ’s agreement stated as, the school must ensure its online content is accessible, allowing people with disabilities to obtain the same information and benefits as others, without discrimination, as required by law.

More recently in the year 2022, the grocery chain Hy-Vee agreed to full WCAG 2.0 AA compliance after the DOJ investigated accessibility issues on its website and mobile app.

WCAG Conformance for ADA Compliance

These examples show that while WCAG is technically not the law on paper, it has become the de facto standard by which legal compliance is measured. Courts and DOJ depend on it because it provides a detailed, practical framework for building accessible digital experiences. At its core, WCAG is built around four key principles: content must be Perceivable, Operable, Understandable, and Robust - also known by the acronym POUR.

WCAG outlines 3 levels of conformance - these are:

WCAG Level A requirements:

The most basic requirements for accessibility. Examples of requirements include:

• Non-text content must have text alternatives (e.g., alt text for images).
• All functionalities must be accessible via keyboard (for users who cannot use a mouse).
• There should be clear navigation and logical order for screen readers.
• Error suggestions and alerts should be available to help users correct mistakes in their forms.

WCAG Level AA requirements:

A mid-range level that addresses the biggest and most common barriers. It builds on Level A and includes the following requirements:

• Minimum contrast ratio of 4.5:1 between text and background for readability.
• 200% resizable content without loss of functionality.
• Same placement of menus and buttons cross pages keeping navigation consistent
• Labels and instructions must be clear for all user input.
• Alt text must be meaningful and descriptive.

WCAG Level AAA Requirements:

The highest and most strict level, often difficult to fully implement across an entire site. It builds on Level A and AA and adds the following requirements:

• 7:1 contrast ratio to boost readability for low vision.
• Extended audio descriptions are mandatory for key video visualisations.
• Simplified reading level required for text alternatives.
• Consistent component order across all pages required.
• Provide tooltips and guidance for complicated form fields.

In short, conforming to WCAG levels means your site works for more people, and brings you much closer to true ADA compliance.

U.S. courts and the Department of Justice (DOJ) consistently reference WCAG 2.0 or 2.1 Level AA specifically in legal settlements as the standard businesses should meet to comply with the ADA. Therefore, the first step in achieving ADA compliance for your website is to assess your site against WCAG 2.1 Level AA standards.

While regulations may evolve over time on a timely basis, one thing remains certain: websites must follow WCAG guidelines in order to give themselves the best chance of remaining compliant with the ADA and other accessibility legislation. WCAG conformance, though goes beyond legal protection, is about showing your responsibility for digital inclusion by creating digital experiences that truly work for everyone.

Who Do the ADA’s Web Accessibility Requirements Apply to?

Public Accommodations

In the U.S., most digital accessibility lawsuits fall under Title III of the Americans with Disabilities Act, which applies to businesses that serve the public - legally referred to as “public accommodations”.

This includes a wide range of organisations such as:

• retailers
• restaurants
• banks
• entertainment venues
• online service providers

If a public-facing website or app creates barriers for people with disabilities, it may be subject to legal action.

These lawsuits typically target websites that create barriers for users with disabilities like screen readers failing on unlabeled menus or low-contrast text becoming unreadable. But these rules don't stop at private companies, they reach further.

State & Local Governments

Government websites operate under different accessibility rules. State and local agencies must follow ADA Title II, of the Americans with the Disability Act ensuring equal access to public services for people with disabilities. Meanwhile, federal government sites must adhere to Section 508 of the Rehabilitation Act, which specifies exact technical standards for digital accessibility.

So, whether you’re a small business, a government office, or an educational institution, if you offer goods, services, or information (online or offline), you have a legal and ethical responsibility to make your digital platforms accessible to everyone.

Tips for Making Your Website ADA Compliant

Making your website accessible might feel like a big task, but you can tackle it step by step. Start with small changes, keep improving, and you'll build a site that works better for everyone.

Here are some practical first steps to get you started:

1. Conduct Regular Accessibility Audits:

Accessibility audits are an essential first step in uncovering barriers within your digital platforms. An accessibility audit should thoroughly examine your websites, applications, and digital content, ensuring alignment with established accessibility standards such as the Web Content Accessibility Guidelines (WCAG) and identifying issues for remediation.

2. Adopt WCAG Standards:

Whether you are building a website or platform from scratch or you have addressed elements of your website or digital platform that do not conform with WCAG guidelines via an accessibility audit, bringing your website in line with WCAG standards is your number 1 priority. This ensures your website or app accommodates users with visual, auditory, cognitive, or motor impairments, providing an inclusive and seamless digital experience for everyone.

3. Provide Training for Your Team:

Building an accessible digital experience requires more than just technical fixes - it takes collective effort on an ongoing basis. By providing your team with training on ADA requirements and accessibility best practices, you ensure that everyone understands their role in supporting your organisation’s commitment to inclusion.

Microsoft expanded accessibility training company-wide, equipping employees with ADA and WCAG knowledge in 2020. This training initiative improved product accessibility, driving innovations like enhanced screen reader support in Office 365, and demonstrating the power of collective responsibility for inclusion.

4. Engage with an Accessibility Expert:

Collaborating with accessibility experts or specialised organisations provides essential guidance to navigate complex ADA compliance challenges. These professionals offer practical insights, helping your organisation implement effective accessibility solutions that create a genuinely inclusive digital environment.

Recently, Spotify partnered with accessibility experts to redesign its app, addressing user-reported barriers. Through expert guidance, Spotify significantly improved navigation for screen readers and optimised interfaces, demonstrating how expert collaboration ensures ADA compliance and enhances digital inclusion for users with disabilities.

5. Monitor and Maintain Accessibility:

Accessibility is not a one-time effort. Consider setting up ongoing accessibility monitoring to catch new issues introduced by updates, content changes, or third-party integrations. Regular checks help maintain WCAG conformance and legal compliance over time.

6. Stay Informed on ADA Updates and Trends:

Accessibility standards, including the ADA, are continually evolving. Keeping your organisation updated on the latest developments ensures sustained compliance, helps anticipate future changes, and positions you as a proactive leader in digital accessibility.

How to Test Your Site for ADA Web Accessibility Compliance

Proper accessibility testing makes ADA compliance more achievable. Begin by focusing on the areas below to improve methods.

Key Areas to Test:

1. Testing Keyboard Navigation:

To ensure your website is accessible, test if users can navigate it using only a keyboard and no mouse.

• Try navigating using only your ‘Tab’ key: You should be able to move through buttons, links, and forms without a mouse.
• Look for clear focus indicators: Each item you tab to, should show a highlight or outline so you know where you are.
• Test interactive elements: Press Enter/Space to activate buttons, and make sure menus, slides, and other controls work with just the keyboard.
• Follow the flow: The tab order should match the page layout, moving logically from top to bottom and left to right.

Remediation for Website:

To remediate issues, make code changes that improve keyboard operability.

Use semantic HTML elements like <button> and <a> which support keyboard inputs by default.

For example, you would implement the following code:

<button tabindex="0"> Submit</button>

This allows keyboard users to focus and activate the button using Enter. This ensures correct markup and keyboard support, which improves accessibility with web standards like WCAG.

2. Importance of Alt Text for Web Accessibility:

Alternative text (alt text) provides descriptions of images for users who rely on screen readers. These text descriptions allow people with visual disabilities to understand visual content, ensuring equal access to information. When websites include proper alt text, they create a more inclusive experience for all visitors.

Users with visual or cognitive disabilities benefit most from alt text, as it helps them describe the images that are inaccessible. Without alt text, screen readers cannot convey what an image shows, leaving some users unable to understand important visual content. This creates barriers to information and reduces accessibility.

To check for alt text, examine your website's HTML code or use accessibility testing tools. Every meaningful image needs a descriptive alt attribute, while decorative images should use an empty alt tag.

A well-written alt text should be clear and concise, which explains the image's purpose without unnecessary phrases. By implementing proper alt text, businesses make their digital content accessible to everyone.

Remediation for Webiste :

For meaningful images that convey important content, include descriptive alt text which helps explain what the image shows e.g. <img src="office-meeting.jpg" alt="Team of five discussing project around conference table">

This provides detailed information for screen reader users to understand the image's purpose and content. The description should be specific yet concise, typically under 125 characters, and avoid redundant phrases like "image of" since screen readers already identify it as an image.

For purely decorative images that don't add meaning, such as divider lines or icon elements, you should still include the alt attribute but leave it empty: <img src="divider-line.png" alt="">

This tells screen readers to skip the image rather than announcing it unnecessarily. This balance makes websites more inclusive without confusing users with irrelevant announcements.

3. Color contrast:

Proper color contrast between text and background is essential for ADA compliance and inclusive design. It ensures readability for users with visual disabilities, color blindness, or cognitive disabilities by making content clear and distinguishable. Without sufficient contrast, many visitors may struggle with blurred vision or find your website completely unreadable.

The Web Content Accessibility Guidelines (WCAG) require a minimum 4.5:1 contrast ratio for normal text and 3:1 for large text. Low contrast creates barriers that exclude users and reduce their experience. By maintaining strong contrast ratios, you will comply with regulations and also create content that is comfortable for all visitors to read.

Remediation for Website:

To improve your website's color contrast, developers can modify the CSS styles. The practical example below shows text adjustments and background colors for better accessibility.

/* Before: Low contrast (doesn't meet WCAG) */ .low-contrast-text { color: #AAAAAA; / Light gray / background-color: #FFFFFF; / White / }

/* After: WCAG-compliant contrast */ .accessible-text { color: #666666; / Darker gray / background-color: #FFFFFF; / White / }

This change increases the contrast ratio from 2:3:1 (non-compliant) to 4:6:1 (WCAG AA compliant).

For important UI elements like buttons, consider even higher contrast (7:1 for AAA compliance).

4. Forms:

Properly labeled form fields are important for ADA compliance and user experience. Explicit labels help all visitors who use screen readers or with cognitive disabilities understand what information each field requires.

For users with visual disabilities, labels provide audible signs when read by assistive technology. Users with cognitive challenges benefit from clear, descriptive labels that reduce confusion. Without proper labeling, forms become frustrating that may prevent users from completing essential tasks.

To check your forms:

• Examine HTML code to confirm each input has a matching <label> element

• Visually verify every field displays its descriptive label

Well-labeled forms demonstrate accessibility while improving usability for everyone.

Remediation for Website:

For making forms accessible, make sure your HTML contains below key elements with clear labels:

1.Labels for Every Input: Always pair inputs with visible <label> tags.

<label for="username">Username:</label> <input type="text" id="username" name="username">

2. Group Related Fields: Use <fieldset> for multiple related inputs.

<fieldset> <legend>Payment Method</legend> <! -- Radio buttons here --> </fieldset >

3. Mark Required Fields: Add required attribute and indicate label text.

<label for="email" >Email (required): </label > <input type="email" id="email" required >

4. Error Messages: Make errors clear to screen readers with role="alert".

<div class="error" role="alert" >Invalid email format </div >

Clear form instructions help users submit information accurately. Without guidance, people make mistakes or discard forms, creating unnecessary barriers. Well-designed forms ensure smooth experiences for all users, including those with disabilities. Simple explanations help everyone complete tasks efficiently, making your online services accessible to all.

5. Resizable content:

Implementing text resizing and zooming allows users to customize their site for better readability. This is crucial for people with visual impairments, aging eyesight, or cognitive differences who may need larger text or magnified content. Without these features, many users struggle with small fonts, low contrast, or complex layouts, creating unnecessary barriers.

Zoom capability helps those with low vision read comfortably, older adults navigate content easily, and neurodiverse users process information better. Proper implementation ensures your site remains functional when zoomed to 200-300%. Avoid disabling viewport settings in your meta tags, and use responsive designs that adapt to text scaling. Test text resising using browser zoom (Ctrl/Cmd + +/-) to ensure content remains usable at larger scales.

Remediation for Website:

1. Basic Text Accessibility Setup: Using relative units (rem) ensures all text scales proportionally when users adjust browser settings.

/* Sets a readable base size (16px = standard browser default) */

html { font-size: 100%; /* Allows browser text scaling */ }

body { font-size: 1rem; /* Scales with html element / line-height: 1.5; / Accessible spacing */ }

2. Responsive Zoom Example: Layout adapts when users zoom to 200-300%, preventing horizontal scrolling.

.container { max-width: 1200px; margin: 0 auto; padding: 0 1rem; /* Prevents content touching edges when zoomed */ }

@media (max-width: 768px) { /* Stack columns vertically when zoomed */ .two-column-layout { flex-direction: column; } }

3. Mobile-Friendly Approach: This HTML meta tag ensures mobile devices use zoom.

gestures. /* Critical for pinch-zoom on mobile */ meta name="viewport" content="width=device-width, initial-scale=1">

Check your website's accessibility settings, many platforms offer built-in tools to adjust text size and zoom levels. Explore your site's settings menu or user preferences to customise the display for better readability.

Nexus Inclusion's accessibility platform simplifies the process with automated scanning. It scans your website, highlights accessibility gaps, and provides clear guidance on how to fix them.

ADA Website Compliance Checklist

To simplify your compliance journey, we have prepared a free ADA Website Compliance Checklist. This checklist focuses on essential steps to make digital content accessible by helping you avoid legal risks to creating a digitally inclusive tool. Download the ADA Compliance Checklist for Businesses (PDF)-Internal Link This checklist includes:

• Pre-audit
• WCAG 2.1 Level AA requirements
• Manual testing steps
• Remediation tracking

Benefits of Ensuring Your Website is ADA Compliant

There are multiple benefits associated with ensuring that your website or digital platform is ADA compliant. These include:

1. Legal Risk Mitigation

So, we are starting with the obvious one here. In 2024, over 4,000 ADA-related digital accessibility lawsuits were filed in the U.S., underscoring the increasing legal scrutiny on web accessibility. This trend highlights that digital accessibility is no longer optional but a legal imperative for businesses.

2. Access to a Significant Market

According to the Return on Disability Group's 2024 report, people with disabilities in the U.S. possess a disposable income of approximately $1.3 trillion. Expanding this globally, the disability market represents over $2.6 trillion in disposable income across North America and Europe

3. Financial Incentives

The Internal Revenue Service (IRS) offers the Disabled Access Credit, allowing eligible small businesses to claim up to $5,000 annually for expenses incurred in making their services more accessible, including digital accessibility improvements.

4. Better SEO Performance

ADA compliant websites are accessible websites. And accessible websites tend to rank better on Google and other search engines. We recently spoke with SEO expert, Darren McManus, who said: “I love working with organisations who prioritise web accessibility because the technical building blocks for SEO growth are typically already in place - things like clear site structure, descriptive text (like alt text and link text), and good user experience tend to be taken care of.”

5. Better User Experience

Inclusive and accessible websites tend to offer better UX for all users, not just great for those with disabilities. Users are more likely to stay longer and explore more content when they encounter a website that they can easily navigate and interact with. According to PayPal - “Website accessibility can help improve conversion rates among all audiences.”

6.Alignment with ESG Goals

Prioritising digital accessibility aligns with Environmental, Social, and Governance (ESG) objectives, demonstrating a company's commitment to social responsibility. This commitment can attract value-driven consumers, investors, and talent.

Risks of Non-Compliance with the EAA

Failing to meet ADA website accessibility standards can expose your business to several risks, most notably:

1. Brand and Reputational Damage

An inaccessible digital presence can harm a company's reputation. Consumers are increasingly valuing inclusivity, and failure to provide accessible services can lead to negative publicity and loss of customer trust. According to an Accenture report, 62% of consumers actively choose brands that value diversity. An inaccessible website frustrates users and damages trust, sending the message that your brand seems unwelcoming, and accessibility is not a priority for you.

2. Missed Business Opportunities

According to a 2024 report by the Return on Disability Group, people with disabilities, along with their friends and family, account for over 73% of consumers and control more than $13 trillion in annual disposable income. Neglecting accessibility not only alienates this significant market segment but also portrays the company as socially irresponsible.

3. Lawsuits and Financial Penalties

Failing to ensure digital accessibility can lead to significant legal repercussions. We’ve already discussed the increasing numbers of ADA-related digital accessibility lawsuits in the U.S., highlighting the increasing legal scrutiny on web accessibility. These lawsuits often result in costly settlements, legal fees, and the necessity for immediate remediation efforts.

Notable ADA Website Compliance Lawsuits & Penalties

Target Corporation faced a lawsuit in the year 20026 for its website's inaccessibility to blind users. The case settled in 2008 with a $6 million settlement and was forced to fix accessibility issues.

In 2025, Greyhound the bus company paid $300,000 (including a $75,000 fine) after its website failed ADA accessibility requirements, this proves digital barriers have real financial consequences.

These cases show just how important it is to make websites and digital platforms easy for everyone to use, otherwise businesses could end up facing big fines and legal trouble.

How Nexus Inclusion Can Help You Achieve ADA Compliance

Make ADA compliance simple, smart, and scalable with Nexus Inclusion. Our platform helps businesses of all sizes understand, assess, and improve the accessibility of their websites and digital products without any hassle.

Our easy-to-use dashboard can quickly scan the website to point out accessibility issues and receive clear, practical guidance based on WCAG 2.1 standards. The platform helps you track your compliance progress over time, prioritise fixes based on their impact and complexity, and easily generate reports for internal reviews or external audits.

From starting your compliance journey to maintaining long-term accessibility, Nexus Inclusion offers the tools and support to get you there. From starting your compliance journey to maintaining long-term accessibility, Nexus Inclusion offers the tools and support to get you there. Sign up here for early access.

Nexus Inclusion’s Commitment to Digital Inclusion

At Nexus Inclusion, we believe that accessibility alone is not enough. Our mission is to prioritise inclusion as a core element of every digital experience, ensuring that people of all abilities are not just accommodated, but fully engaged in the digital world.

By combining human insight with advanced technology, we help organisations of all sizes meet the requirements of the European Accessibility Act and create truly inclusive digital products.

Founded by Kyran O'Mahoney, Nexus Inclusion is backed by a dedicated team of accessibility experts who are passionate about building a more inclusive online environment. With extensive experience and a clear purpose, the team is here to support businesses at every step of their journey.

Our AI-driven platform plays a vital role in scaling accessibility efforts, offering efficient, reliable tools for assessment, remediation, and ongoing compliance.