Yes, the new ADA Title II web rule applies to internal web content.
I received the following email recently:
Does Title II Web Accessibility apply to INTERNAL documents and internal websites only utilized by employees and not utilized by the general public? Can you point me to where I would find specifics on this. I know our websites and any external documents the public uses are required to be Title II complaint. Do the same standards in Title II apply to Title I?
Yes, you need to make your internal web content WCAG 2.1 AA conformant under the new web rule. The answer is outlined in Appendix D to Part 35, Supplementary Information, in the Final Rule.
Finally, several commenters asked whether this definition would cover internal, non- public applications, such as web content used solely by employees. The Department reiterates that subpart H of this part includes requirements for the web content and mobile apps provided or
made available by public entities within the scope of title II. While subpart H is not promulgated under title I of the ADA, it is important to note that compliance with subpart H will not relieve title II entities of their distinct employment-related obligations under title I of the ADA, which could include, for example, accommodations for a web developer with a disability working for a public entity.
Let’s breakdown what this means in 3 parts:
1. Internal, Employee-Only Web Content is Included
Look right at that reiterates line on the heel of the commenters asking about internal application:
The Department reiterates that subpart H of this part includes requirements for the web content and mobile apps provided or
made available by public entities within the scope of title II.
So some people asked if the new ADA Title II web rule would apply to non-public applications used only by the employees and the Department answered yes.
This means the web rules also applies to internal systems, like employee portals or apps that only staff members use, if they are provided or made available by a public entity. So if a state or local government agency creates or uses it, it must meet the accessibility requirements in subpart H, even if the public never sees it.
2. Title II is Separate From Title I
The web accessibility rule falls under Title II, which covers public services, not Title I, which covers employment. But, in a way, this provides a double yes to the accessibility of internal-only use systems, websites, and apps because under Title I reasonable accommodations must be made by entities with 15 or more employees.
However, an important note is that merely meeting Title II web requirements doesn’t necessarily mean you’ve met your obligations under Title I.
3. Both
A public entity might have to meet both Title II and Title I requirements for the same system. For example, an internal HR portal must meet the Title II accessibility standards. But if a specific employee with a disability needs additional changes to that portal—or other work tools—to do their job, the employer must make those changes under Title I.
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