In the United States, digital accessibility is neither new nor a future deadline: it has already been a legal obligation for several years. The Americans with Disabilities Act (ADA) prohibits discrimination and, on the interpretation of the courts and of the Department of Justice, applies to websites and apps as well; for private parties, however, it does not set precise technical requirements. Specific technical requirements are set by Section 508 of the Rehabilitation Act for federal agencies and their suppliers (WCAG 2.0 AA) and by the 2024 Department of Justice rule for state and local government entities (WCAG 2.1 AA).

With a growing number of lawsuits for inaccessible sites, and an increasing focus on social responsibility and inclusiveness, it is imperative that every company operating (or intending to operate) in the US market fully understands these regulations and acts accordingly.

What the US regulations provide for

ADA - Americans with Disabilities Act

The ADA, in force since 1990, prohibits all forms of discrimination against persons with disabilities. Although initially designed for physical spaces, the law has been progressively interpreted by the courts and the Department of Justice (DOJ) as also applicable to digital environments including websites and mobile apps of private companies.

US courts have increasingly treated the ADA as applying to the websites and apps of businesses open to the public, although the position varies between circuits and there is no single federal technical standard for private businesses. Businesses open to the public that neglect the accessibility of their digital tools expose themselves to civil claims by users, seeking changes to the site and the reimbursement of legal costs, as well as to reputational damage; monetary penalties arise in proceedings brought by the Department of Justice. Whether and how the ADA applies to you is a question for your own advisers.

Section 508

Section 508 applies mainly to federal agencies and public sector providers, imposing an obligation to ensure that all IT is accessible to employees and citizens with disabilities. However, many private organisations voluntarily adopt these standards to comply with the WCAG (Web Content Accessibility Guidelines) as the global technical reference for web accessibility.

What the technical standards require

Meeting these technical requirements is a necessary step, but it does not by itself mean you have met every legal obligation. In practice, the standards call for:

  • Compatibility with screen readers for blind or visually impaired persons
  • Keyboard-only navigation for those who cannot use a mouse
  • Alternative texts for images useful for voice readers
  • Sufficient contrast between text and background to aid readability
  • Control of dynamic and pop-up elements which may disturb neurodivergent users
  • Semantic code structure for clear and consistent use

The consequences of non-compliance

In the USA, failure to follow the accessibility rules may lead to legal actions by users — for private parties the typical risk is a civil suit rather than an administrative fine — and to reputational damage. In 2023 alone, thousands of cases were filed for violation of the ADA in the digital sphere, mainly against e-commerce, hotels, restaurants and educational institutions.

But the repercussions are not only legal: neglecting accessibility means excluding millions of users and potential customers, also damaging business.

Why invest in accessibility now

Making a site or app accessible is not just an obligation: it is an opportunity for:

  • Reaching a wider audience
  • Improving the user experience for all
  • Increasing conversions
  • Strengthening brand reputation
  • Favouring indexing on search engines (SEO)

How Accessibi can help you

Specialised services such as Accessibi allow you to professionally analyse and improve the accessibility of your site, with reference to WCAG 2.1/2.2 AA, the technical standard also used as a reference in connection with the ADA. Our team supports you at every stage: from initial assessment to technical implementation, to improve accessibility within the agreed scope with minimum impact on your company's resources. Technical conformance alone does not amount to meeting every legal obligation. This article is for information only and does not constitute legal advice: check the obligations that apply to you with your own advisers.

In the United States, web accessibility is already a legal, ethical and strategic issue. Ignoring it means exposing oneself to real risks, whereas adopting it today can strengthen a company's competitiveness and improve relations with all users. With Accessibi, working on your site's accessibility becomes a clear and manageable process.

Contact us today for a free analysis of your site and find out how to make your digital presence truly inclusive.