DOJ Issues Web Accessibility Guidance Under the ADA

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The U.S. Department of Justice (DOJ) has published guidance on web accessibility and the Americans with Disabilities Act (ADA) to inform state and local governments and businesses open to the public on how to ensure their websites are accessible to people with disabilities. This guidance uses plain language and clear examples to review Title II and Title III of the ADA, the importance of web accessibility, barriers that inaccessible websites create for some people with disabilities, requirements of the ADA to web content, and tips on making web content accessible. 

Examples of website accessibility barriers include:

• Poor color contrast. 

• Use of color alone to give information. 

• Lack of text alternatives (“alt text”) on images. 

• No captions on videos. 

• Inaccessible online forms.

• Mouse-only navigation (lack of keyboard navigation).

The ADA requires that businesses open to the public provide full and equal enjoyment of their goods, services, facilities, privileges, advantages, or accommodations to people with disabilities. Examples of businesses open to the public include:

• Retail stores and other sales or retail establishments;

• Banks;

• Hotels, inns, and motels;

• Hospitals and medical offices;

• Food and drink establishments; and

• Auditoriums, theaters, and sports arenas.

The DOJ does not have a regulation setting out detailed standards, but the Department’s longstanding interpretation of the general nondiscrimination and effective communication provisions applies to web accessibility.

Businesses and state and local governments can currently choose how they will ensure that the programs, services, and goods they provide online are accessible to people with disabilities.

Existing technical standards provide helpful guidance concerning how to ensure accessibility of website features. These include the Web Content Accessibility Guidelines (WCAG) and the Section 508 Standards, which the federal government uses for its own websites. Check out the resources section for more references.

SUMMARY: The DOJ has published guidance on website ADA accessibility compliance to inform state and local governments and businesses open to the public on how to ensure their websites are accessible to people with disabilities; however, the DOJ does not have a regulation setting out detailed standards! The DOJ hints that the Web Content Accessibility Guidelines (WCAG) and the Section 508 Standards, which the federal government uses for its own websites, should be used for website accessibility.