Under the ADA, Title II specifically references Web Content Accessibility Guidelines (WCAG) 2.1 AA as the technical standard for state and local government websites. Title III does not reference a specific WCAG version at all. That distinction between ADA WCAG 2.1 vs 2.2 matters because it shapes which conformance level an organization targets and why. … Read more
The U.S. Department of Justice (DOJ) has consistently stated that websites are covered under the Americans with Disabilities Act (ADA). While the path to formal rulemaking has been slow, the DOJ’s public statements, technical assistance documents, and enforcement actions form a clear record of its position on web accessibility. Summary of DOJ ADA Website Guidance … Read more
ADA Title III requires businesses that qualify as places of public accommodation to provide equal access to their goods and services. Courts and the Department of Justice have increasingly applied this requirement to websites, meaning most business websites fall under Title III’s scope even though the law does not specify a technical standard for the … Read more
ADA Title II requires state and local government websites to conform to Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. The Department of Justice published a final rule in April 2024 that formally established this technical standard for web content and mobile applications operated by public entities. ADA Title II Web Requirements Overview Key Point … Read more
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. ADA WCAG Level … Read more
The ADA website lawsuit process typically follows a predictable sequence: a complaint is filed, the defendant responds, both sides exchange information during discovery, and the case either settles or proceeds to trial. Most ADA Title III website cases settle before reaching a courtroom. ADA Website Lawsuit Process Overview Stage What It Means Complaint Filed The … Read more
Organizations that build proactive accessibility programs reduce lawsuit risk by identifying and remediating issues before a legal complaint arrives. Rather than reacting to demand letters, these organizations maintain ongoing evaluation, remediation, and monitoring cycles that demonstrate a good faith commitment to accessibility. Key Elements of Proactive Accessibility Programs Key Point What It Means Ongoing Evaluation … Read more
ADA Title III applies to private businesses (places of public accommodation), and ADA Title II applies to state and local government entities. Both carry obligations related to web accessibility, but the specifics of those obligations differ in scope, enforcement, and technical standards. ADA Title II vs Title III for Websites Key Point What It Means … Read more
ADA website lawsuit standing refers to a plaintiff’s legal right to bring a case in federal court. Without standing, a lawsuit gets dismissed before a court ever considers whether the website has accessibility issues. Courts require plaintiffs to demonstrate they were personally affected by the alleged discrimination, not merely that a website has problems. Key … Read more
Serial plaintiffs are individuals who file repeated ADA Title III lawsuits against multiple businesses, often targeting websites. A single plaintiff may be named in dozens or even hundreds of cases within a given year, typically represented by the same law firm. Understanding how this pattern works helps organizations assess their own risk exposure. Serial Plaintiff … Read more
