The Legal Foundations of Website Accessibility

Website accessibility isn’t just good design, it’s a legal requirement. As web-based services become the primary interface for consumers, U.S. law is catching up with the need for equal digital access. For law firms, legal professionals, and compliance-focused industries, understanding the regulatory backbone of website accessibility is essential.

ADA and Digital Public Accommodations

The Americans with Disabilities Act (ADA) was passed in 1990 to prohibit discrimination against individuals with disabilities. While originally focused on physical spaces, courts and federal agencies have extended Title III to include digital environments. The U.S. Department of Justice has made it clear: websites that serve the public are considered public accommodations and must meet accessibility standards.

Legal precedent backs this up. Dozens of cases, including Robles v. Domino’s Pizza, have reinforced the ADA’s application to websites. Courts have ruled that companies failing to provide accessible digital experiences can be held liable, even in the absence of explicit regulations.

WCAG: The De Facto Standard

Although the ADA doesn’t specify technical standards, the Web Content Accessibility Guidelines (WCAG) are considered the benchmark for digital accessibility. WCAG 2.1 Level AA has become the reference point in court rulings, demand letters, and DOJ guidance.

Failing to meet these guidelines may not only result in litigation, it can impact business relationships, government contracts, and public perception. WCAG compliance is rapidly becoming the expected baseline across industries.

Section 508 and Federal Websites

Section 508 of the Rehabilitation Act applies specifically to federal agencies and contractors. It mandates that all digital content be accessible, aligning directly with WCAG 2.0 and now WCAG 2.1. If your firm provides services to government clients or bids on federal contracts, accessibility compliance isn’t optional, it’s required by law.

The Risk Landscape for Businesses

Accessibility-related lawsuits are increasing year by year. In 2023 alone, over 4,500 federal lawsuits were filed over inaccessible websites and many more were settled out of court. Businesses in finance, healthcare, education, and law are particularly at risk.

Plaintiffs are often users who simply couldn’t complete a transaction, access information, or use a service due to design barriers. These aren’t edge cases, they’re systemic issues with real legal consequences.

What Legal Professionals Should Know

Whether you’re advising clients or reviewing your own digital assets, a foundational understanding of accessibility law is now essential. Here are key takeaways:

  • ADA Title III applies to most websites offering public services
  • WCAG is the practical compliance benchmark
  • Section 508 governs digital government-facing work
  • Lawsuits can target any business with an inaccessible site

Resources like website accessibility offer detailed breakdowns of requirements and strategies for compliance.

Final Thoughts

Digital accessibility is no longer a technical choice- it’s a legal and ethical imperative. For law firms and professionals navigating compliance issues daily, the best place to start is with their own websites.

Aligning your digital presence with accessibility standards isn’t just smart. It’s the law. 

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