Businesses that provide certain goods or services to the public must address ADA requirements when dealing with customers who have disabilities. For companies which have are considered public accomidations, this means that their Websites Must Comply with ADA Regulations. As of October 2023, the World Wide Web Consortium (W3C)–an international organization that recommends and maintains the web- now recommends that businesses maintain Level AA standard for accessibility under the most recent WCAG 2.2 requirements.
Title III of the ADA
Under Title III of the ADA, all businesses that provide goods or services to the public within certain categories are considered “public accommodations.” This means that businesses must make their websites accessible for customers who are blind or have low vision. If they don’t comply, the business websites could find themselves subject to litigation. 
The ADA permits individuals with disabilities to bring lawsuits against businesses directly. While the ADA does not permit the recovery of monetary damages, a prevailing plaintiff can seek injunctive relief (i.e., a court order that an offending website be changed), and reasonable attorney’s fees and costs. In some states, state laws allow individuals to recover monetary damages for disability discrimination, so plaintiffs frequently bring claims under the ADA and a relevant state law.
By way of example, in 2022, there were more than 2,300 ADA website lawsuits filed and in 2023 there were 4,605, a 42% increase compared to 2022. The majority (1,660) of them were filed in New York, and most targeted consumer goods and retail businesses.
Industry Website Standards
Whether or not websites must comply with ADA regulations is typically determined by the location where a challenge is brought and whether the business is considered a place of public accommodation with or without a corresponding physical structure. Some courts require a website to comply with ADA regulations even without a physical structure. If your business has a website which is required to be accessible, then you must take steps to allow customers with vision impairments or hearing impairments to experience your website in the same way as anyone without these disabilities.
One way to check to see if your website is compliant is to use this url: https://wave.webaim.org/
Some examples of public-facing websites which have be held accountable under Title III include:
• Retail companies that sell via online platforms.
• Hospitality businesses offering online reservations.
• Financial institutions providing digital banking services.
• Hospitals, clinics, and medical practices offering online appointment scheduling or telehealth services.
• Schools, colleges, and universities providing online registration and digital course materials.
• Movie theaters, concert halls, and sports arenas with online ticket purchasing options.
• Etc
WCAG 2.2 measures four key criteria:
• Perceivable – How website information and user interface components are presented to users in ways they can perceive.
• Operable – The operation of the Website User interface components and navigation.
• Understandable – If the Website Information and the operation of the user interface understandable.
• Robust – Whether the Website Content is robust enough that it can be interpreted reliably by a wide variety of user agents, including assistive technologies.
Website Compliance Levels
W3C has three levels of website accessibility.
- Level A, which is considered the basic level, looks at 30 elements of a website to determine if it meets the basic accessibility level.
- Level AA is considered the industry standard and measures 50 different elements (which includes the 30 Level A elements) to determine if the website meets the accessibility standard for level AA.
- Level AAA is the most comprehensive standard and to qualify the website must meet passing scores on all 78 elements (including the 50 from Level AA).
Remedies for Failing to Comply
Failure to comply may include a lawsuit from third parties with an assessment of costs, fines and attorneys fees or a suit may be brought against the business by the Attorney General. Fines start at $115k for the first violation and double for subsequent claims. Attorney fees are sometimes available, for example, when a business fails to address issues identified in a pre-litigation deficiency notice.
If you are concerned about your website and what you must do to comply with the ADA, please contact one of our attorneys.