Civil Penalties for Accessibility Violations
Organizations that fail to meet web accessibility requirements may face civil penalties, damages, and legal costs. Understanding the potential financial impact helps organizations prioritize accessibility compliance.
ADA Civil Penalties
Maximum Penalties (2024)
First violation: Up to $75,000
Subsequent violations: Up to $150,000
These amounts are adjusted annually for inflation.
The Department of Justice can seek civil penalties in cases involving a pattern or practice of discrimination or cases of general public importance.
Private Lawsuit Damages
While ADA Title III does not allow private plaintiffs to recover monetary damages in federal court, they can seek:
- Injunctive relief (requiring accessibility improvements)
- Attorney's fees and court costs (often substantial)
- Compensatory damages under some state laws
State Law Penalties
Several states have accessibility laws with stronger enforcement mechanisms:
| State | Law | Damages |
|---|---|---|
| California | Unruh Civil Rights Act | $4,000 minimum per violation + attorney fees |
| New York | NYC Human Rights Law | Compensatory and punitive damages + attorney fees |
| Florida | Florida Civil Rights Act | Actual damages + attorney fees |
Section 508 Consequences
Federal agencies that fail to comply with Section 508 may face:
- Administrative complaints to the agency
- Civil rights complaints to the DOJ
- Contract consequences for vendors
- Lawsuits under the Rehabilitation Act
Cost of Defense
Beyond penalties and damages, organizations typically incur significant costs defending accessibility lawsuits:
- Average legal defense costs: $10,000 - $50,000+ per case
- Remediation costs to fix accessibility issues
- Ongoing compliance monitoring
- Staff training and policy development