One of the most common questions clients ask us is: “How do I know if my website is ADA compliant?”
This question comes up over and over because website owners want to know if they’ll get sued over website accessibility (like so many others already have).
As a shortcut to the answer, if you haven’t taken accessibility into account previously, there are very likely accessibility issues that could result in a plaintiffs’ law firm filing a complaint against you. However, just because a complaint is filed doesn’t necessarily mean your website couldn’t still be considered ADA compliant.
Here’s a quick overview of what’s going on.
Table of Contents
What Makes a Website ADA Compliant
A website that is accessible to people with disabilities and provides meaningful access is considered ADA compliant under the law. While Title III of the Americans with Disabilities Act (ADA) doesn’t explicitly mention websites, the Department of Justice (DOJ) has consistently taken the position that the ADA’s requirements apply to all goods, services, and activities offered by public accommodations, including those offered on the web.
The legal standard is “meaningful access,” meaning your website must provide equivalent access to people with disabilities. Because this standard is so general (i.e., when is meaningful access met?), technical standards called the Web Content Accessibility Guidelines (WCAG) have become a default reference for ADA compliance.
Best Practice
WCAG 2.1 AA conformance is considered a best practice for ADA compliance. Under this technical standard, there 50 success criteria or requirements necessary for conformance.
A huge vote in favor of the WCAG 2.1 AA technical standard being best practice is the the DOJ formally adopted WCAG 2.1 AA as the standard for state and local governments in the new ADA Title II web rule published just last year (2024).
Compliance Status
It’s easy to find several preliminary accessibility issues just by using a free web accessibility scan such as WAVE or Google Lighthouse. However, scans can only flag 25% of WCAG 2.1 AA issues so you need an accessibility audit to know all of the issues that exist on your website.
Accessibility Audit
A accessibility audit conducted by technical accessibility experts is the only real way to determine if your website is WCAG conformant. During an audit, an expert will test your website with a screen reader, test keyboard navigation, visually inspect the website, and, where necessary, inspect code.
A thorough audit typically costs between $2,500 and $7,500 depending on your website’s complexity.
Common Accessibility Issues
Three frequently claimed issues in ADA website lawsuits are:
- Missing alternative text for images
- Keyboard accessibility issues
- Missing form field labels
To begin immediately reducing your risk of being sued, fix these three potential issues.
To learn all about the most commonly claimed issues, how to prioritize them, and how to fix them, sign up for our ADA Compliance Course.
Accessibility Statement
Another best practice is to publish an accessibility statement and link to it from the footer of your website. This isn’t absolutely necessary, but the lack of an accessibility statement is occasionally noted in complaints.
If you search for an accessibility statement template on Accessible.org, we’ve provided you a sample, customizable framework.
Moving Forward
If you need help with an audit or have any other questions, feel free to reach out and we’ll be right back with you.
If your budget is limited, we highly recommend our ADA Compliance Course because this will enable you to immediately take action and start reducing your risk, step-by-step.
