DOJ ADA Website Guidance
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.
| Key Point | What It Means |
|---|---|
| Title II Rule | The DOJ published a final rule in 2024 requiring state and local government websites to conform to WCAG 2.1 AA. |
| Title III Position | The DOJ has repeatedly stated that Title III covers websites of public accommodations, though no formal rule with a specific technical standard has been issued. |
| WCAG as Reference | Across guidance documents and consent decrees, the DOJ has pointed to Web Content Accessibility Guidelines (WCAG) 2.1 AA as the appropriate benchmark. |
| Enforcement Record | The DOJ has entered into settlement agreements and consent decrees with organizations whose websites were inaccessible, reinforcing its position through action. |
DOJ ADA Website Guidance Under Title II
Title II of the ADA covers state and local government entities. In April 2024, the DOJ published a final rule establishing WCAG 2.1 Level AA as the technical standard for state and local government web content and mobile applications. This rule went into effect in 2024, with conformance deadlines staggered based on population size.
This was the first time the DOJ codified a specific WCAG version into an ADA regulation. Before this rule, the DOJ relied on broader Title II obligations and settlement agreements to address government website accessibility.
The DOJ’s Position on Title III and Websites
Title III of the ADA prohibits discrimination by places of public accommodation. The DOJ has stated in multiple contexts that this extends to websites, but it has not issued a formal rule specifying a technical standard for Title III entities.
Despite the absence of a formal rule, the DOJ’s position is well documented. In a 2022 guidance document titled “Guidance on Web Accessibility and the ADA,” the DOJ affirmed that the ADA applies to web content of public accommodations and referenced WCAG as a recognized standard. The agency has also cited WCAG 2.1 AA in consent decrees with private businesses.
The distinction matters. Title II now has a codified technical requirement. Title III operates under a general obligation of nondiscrimination, with WCAG serving as the DOJ’s recommended benchmark rather than a regulatory mandate.
How the DOJ References WCAG
The DOJ does not treat WCAG conformance as optional for organizations it investigates. In settlement agreements, the DOJ has required organizations to conform to WCAG 2.0 AA and, more recently, WCAG 2.1 AA. These agreements typically include timelines for remediation, periodic reporting, and ongoing monitoring commitments.
The progression from WCAG 2.0 to WCAG 2.1 in DOJ actions mirrors the broader industry shift. Organizations planning for long-term risk reduction should consider WCAG 2.1 AA as the current baseline referenced in federal enforcement.
What This Means for ADA Website Requirements
The DOJ’s record establishes two practical realities. For state and local governments, WCAG 2.1 AA conformance is a regulatory requirement under Title II. For private businesses covered by Title III, WCAG 2.1 AA is the standard the DOJ applies during investigations and settlement negotiations, even without a formal rule.
Organizations that treat WCAG 2.1 AA conformance as their accessibility target align with both the codified Title II rule and the DOJ’s documented expectations under Title III.