ADA WCAG Level
The ADA references Web Content Accessibility Guidelines (WCAG) 2.1 Level AA, but only under Title II. Title III, which covers private businesses, does not specify a WCAG level or any technical standard for websites. Courts and regulators, however, consistently point to WCAG 2.1 AA as the benchmark for Title III as well.
| Key Point | What It Means |
|---|---|
| Title II Standard | WCAG 2.1 Level AA, as specified in the 2024 DOJ final rule for state and local government websites |
| Title III Standard | No technical standard named in the statute or regulations. No formal WCAG requirement exists for private businesses under Title III. |
| Practical Expectation | Courts, settlement agreements, and DOJ guidance repeatedly reference WCAG 2.1 AA for both titles |
| Why AA, Not AAA | Level AAA is considered aspirational and not broadly required by any regulation worldwide |
Title II: WCAG 2.1 AA Is Codified
The Department of Justice published a final rule in 2024 establishing WCAG 2.1 Level AA as the technical standard for state and local government web content under ADA Title II. This rule went into effect with specific conformance deadlines based on entity size.
Title II entities now have a defined ADA WCAG level to measure against. The rule applies to web content and mobile applications, making WCAG 2.1 AA conformance a regulatory obligation rather than a recommendation.
Title III: No Specified WCAG Level
Title III of the ADA covers places of public accommodation, which courts have extended to websites of private businesses. The statute itself does not name a WCAG version or conformance level for websites.
Despite this absence, WCAG 2.1 AA has become the de facto standard in Title III litigation. Settlement agreements routinely require conformance to WCAG 2.1 AA. The DOJ has referenced this same level in consent decrees involving private companies.
Organizations operating under Title III do not have a codified ADA WCAG level requirement, but treating WCAG 2.1 AA as the target is the most common risk reduction approach.
Why Level AA and Not Level A or AAA
WCAG defines three conformance levels. Level A covers the most basic accessibility requirements. Level AA adds criteria that address a broader range of disabilities and use contexts. Level AAA represents the highest level of conformance and is generally considered aspirational.
Regulators worldwide have settled on Level AA as the practical standard. It reflects a balance between broad accessibility coverage and technical feasibility. No U.S. regulation or international law requires Level AAA conformance for websites.
WCAG 2.1 vs. WCAG 2.2
The Title II final rule specifically references WCAG 2.1 AA, not WCAG 2.2. Organizations conforming to WCAG 2.2 AA automatically meet 2.1 AA because WCAG versions are backwards compatible. Each new version builds on the previous one without removing prior criteria.
For organizations evaluating which version to target, conforming to WCAG 2.2 AA covers both the current regulatory reference and the additional criteria likely to appear in future updates.
What This Means for Risk Reduction
Organizations under Title II have a clear obligation: WCAG 2.1 Level AA conformance. Organizations under Title III have no codified obligation but face the same practical expectation in court.
Conducting an accessibility evaluation against WCAG 2.1 AA is the standard approach for both public and private sector organizations looking to reduce legal risk and establish a documented accessibility program.