WCAG Guidelines
What are Web Standards?
Web standards are technical specifications that ensure websites work consistently across different platforms, browsers, and devices. They promote accessibility, security, privacy, and interoperability while making the web maintainable and future-proof.
Active Enforcement Since 1990
The ADA has been actively enforced for over 30 years. Recent court decisions increasingly include websites, with DOJ lawsuits and private settlements becoming more common.
Technical Standards: WCAG 2.1 AA & Section 508
Section 508 Standards
Section 508 standards govern federal agencies and contractors. Updated in 2018, they now align closely with WCAG 2.0 Level AA, with some additional requirements for federal contexts.
Key Point: Section 508 is mandatory for federal agencies, while ADA compliance often references WCAG as best practice.
WCAG 2.1 Level AA
While not explicitly required by ADA, WCAG 2.1 Level AA is widely accepted as the standard for web accessibility. Content must be:
- Perceivable: Information presented in ways users can perceive
- Operable: Interface components must be operable by all users
- Understandable: Information and UI operation must be understandable
- Robust: Content must work with various assistive technologies
Who Must Comply?
US Coverage
ADA Title III applies to places of public accommodation, which increasingly includes websites.
Federal contractors and agencies must comply with Section 508. State and local governments have additional requirements under Title II.
Products and Services Covered:
- E-commerce websites and mobile apps
- Banking and financial services
- Travel and transportation services
- Digital kiosks and terminals
- Consumer electronics interfaces
- Smartphones and computers
- Gaming consoles
- Ticketing and vending machines
Exemptions
Small Business Considerations
While ADA doesn't exempt small businesses, courts may consider:
- Size and resources of the business
- Good faith efforts to improve accessibility
- Readily achievable improvements
"Undue Burden" Defense
ADA allows defenses when compliance would:
- Fundamentally alter the nature of the business
- Create significant difficulty or expense
- Not be readily achievable for the business size
Legal Protections
- Good faith accessibility efforts and remediation plans
- Documented compliance attempts and timelines
- Regular accessibility audits and improvements
- Staff training and accessibility policies
Penalties & Enforcement
Legal Consequences
Potential outcomes of ADA lawsuits include:
- Damages: $75,000-$150,000 for first violations
- Plaintiff attorney fees (often exceeding damages)
- Court-mandated accessibility improvements
- Ongoing monitoring and compliance audits
Example: Domino's Pizza legal battle reached the Supreme Court, establishing website accessibility precedent.
Enforcement: ADA is enforced through private lawsuits and DOJ actions. No government agency pre-approves compliance, making litigation the primary enforcement mechanism.
WCAG 2.2: New Accessibility Requirements
WCAG 2.2, published in October 2023, introduces nine new success criteria addressing cognitive disabilities, mobile accessibility, and enhanced user control:
Focus Improvements (Level A & AA)
- Focus Not Obscured (Minimum): Focused elements must not be entirely hidden
- Focus Not Obscured (Enhanced): Focused elements fully visible (Level AAA)
- Focus Appearance: Enhanced focus indicator requirements
Input & Target Improvements
- Dragging Movements: Single pointer alternatives for drag operations
- Target Size (Minimum): Touch targets at least 24x24 CSS pixels
- Consistent Help: Help mechanisms in consistent locations
Cognitive Accessibility
- Accessible Authentication: No cognitive function tests for login
- Redundant Entry: Don't require re-entry of previously provided information
Most Common Accessibility Barriers
Research shows these issues appear most frequently on websites:
| Issue | Prevalence | WCAG Criterion |
|---|---|---|
| Low contrast text | 83% of home pages | 1.4.3 Contrast (Minimum) |
| Missing alt text for images | 58% of home pages | 1.1.1 Non-text Content |
| Empty links or buttons | 50% of home pages | 2.4.4 Link Purpose |
| Missing form labels | 46% of home pages | 1.3.1 Info and Relationships |
| Empty buttons | 27% of home pages | 4.1.2 Name, Role, Value |
| Missing document language | 18% of home pages | 3.1.1 Language of Page |
Source: WebAIM Million 2024 analysis of 1 million home pages
Supporting Assistive Technologies
Websites must work with various assistive technologies used by people with disabilities:
Screen Readers
Software that reads content aloud for blind and low-vision users:
- JAWS (Job Access With Speech)
- NVDA (NonVisual Desktop Access)
- VoiceOver (macOS/iOS)
- TalkBack (Android)
Alternative Input
Devices for users who cannot use standard mouse/keyboard:
- Switch devices
- Eye tracking systems
- Voice control (Dragon, Voice Control)
- Sip-and-puff devices
Privacy & Accessibility Compliance Overlap
Many compliance requirements span both privacy and accessibility regulations:
Shared Requirements
- Clear Language: Both privacy policies and accessibility statements must use plain language
- Multiple Contact Methods: Privacy requests and accessibility help must offer multiple channels
- Accessible Privacy Tools: Cookie banners, consent forms, and opt-out mechanisms must be keyboard accessible
- Equal Access: Users with disabilities must have equal access to exercise privacy rights
Related Resources
Implementation Steps
- Audit Current State: Conduct comprehensive accessibility audits to assess WCAG 2.1 AA compliance
- Focus on Critical Paths: Prioritize essential user journeys like purchasing, forms, and account management
- Create Accessibility Statement: Document your commitment and provide contact information for assistance
- User Testing: Include testing with actual users with disabilities
- Legal Documentation: Consider VPATs for federal contracts and document all remediation efforts
Take Action
ADA Lawsuit Trends
11,000+
ADA website lawsuits filed in 2023