Website accessibility basics for US businesses: ADA and WCAG

Millions of Americans live with a disability that affects how they use the web: people who are blind and use screen readers, people who cannot use a mouse, people with low vision, hearing loss or cognitive disabilities. An accessible website lets all of them read your content, buy your products and contact you. This guide explains how the Americans with Disabilities Act (ADA) and the Web Content Accessibility Guidelines (WCAG) relate to a business website. It is general information, not legal advice; for questions about your own obligations, talk to a lawyer.

Does the ADA apply to business websites?

The ADA became law in 1990, before most businesses had websites, and its text does not mention them. Title III of the ADA prohibits discrimination on the basis of disability by businesses open to the public, which the law calls places of public accommodation. Title II covers state and local governments.

In March 2022 the Department of Justice (DOJ) published guidance on web accessibility and the ADA. It says that the Department has consistently taken the position that the ADA's requirements apply to all the goods, services, privileges or activities offered by public accommodations, including those offered on the web. The guidance also says that businesses currently have flexibility in how they make their web content accessible, and it points to WCAG and the federal Section 508 standards as helpful guidance.

In April 2024 the DOJ published a rule under Title II that adopts WCAG 2.1 Level AA as the technical standard for the web content and mobile apps of state and local governments. That rule applies to public entities, not to private businesses. At the time of writing, the DOJ has not published a regulation that sets a technical standard for private business websites under Title III.

What is WCAG?

WCAG is published by the World Wide Web Consortium (W3C) through its Web Accessibility Initiative (WAI). It is the most widely used technical standard for web accessibility, and many laws and policies around the world refer to it. WCAG is organized around four principles. Content must be:

• Perceivable: for example, text alternatives for images and captions for video.
• Operable: for example, everything works with a keyboard and people have enough time to read and act.
• Understandable: for example, clear labels, predictable navigation and helpful error messages.
• Robust: the code works with assistive technologies such as screen readers.

Each guideline has testable success criteria at three levels: A, AA and AAA. Level AA is the level most policies refer to, and it includes everything in Level A.

Which version of WCAG should you follow?

There are three versions in use: WCAG 2.0 (2008), 2.1 (2018) and 2.2 (October 2023). Each version builds on the previous one, and W3C states that content that conforms to WCAG 2.2 also conforms to 2.0 and 2.1. W3C encourages using the latest version.

WCAG 2.2 added nine success criteria. Several of them affect everyday website design:

• Focus Not Obscured (Minimum): a sticky header or cookie banner must not completely hide the item that has keyboard focus.
• Target Size (Minimum): buttons and links need a minimum size or enough spacing so they are easy to tap.
• Dragging Movements: anything you can drag, such as a slider, must also work with a simple tap or click.
• Accessible Authentication (Minimum): sign-in must not depend on a memory or puzzle test without an alternative, and should allow password managers and pasting.
• Consistent Help and Redundant Entry: help links appear in the same place on each page, and forms do not ask for the same information twice in one process.

Which accessibility checks matter most on a business website?

Most accessibility problems on business websites come from a short list. Checking these gets you a long way:

• Images: informative images have meaningful alt text; decorative images are hidden from screen readers.
• Color contrast: normal text has a contrast ratio of at least 4.5:1 against its background, and large text at least 3:1 (Level AA).
• Keyboard: every link, button, menu and form works with the Tab, Enter, Space and arrow keys, and the focus outline is visible.
• Headings: each page has one main heading and a logical heading structure, so screen reader users can jump between sections.
• Forms: every field has a visible label, required fields are marked, and errors explain what to fix.
• Media: videos have captions, and audio has a transcript.
• Links and buttons: the text says where it goes or what it does; avoid several "Click here" links on one page.
• Zoom and mobile: the page still works when text is enlarged to 200% and on a small phone screen.

Color must not be the only way information is shown either. A form error marked only in red is missed by many people with color vision deficiency.

Can an automated scanner or widget make a site accessible?

Automated checkers are useful for finding some problems quickly, such as missing alt text or low contrast. They cannot judge everything. W3C's guidance on evaluation tools notes that tools cannot determine accessibility on their own; they can only assist, and human judgment is needed. A scanner cannot tell whether alt text actually describes the image or whether a checkout makes sense with a screen reader.

The same applies to add-on widgets that change how a page looks. The underlying code still needs to be accessible. Plan for manual testing with a keyboard and at least one screen reader, such as VoiceOver on Mac and iPhone or NVDA on Windows, alongside automated checks.

How do you make accessibility part of your website?

Accessibility is easiest and least expensive when it is built in from the start, rather than fixed after launch:

• include WCAG 2.2 Level AA in the written requirements for any new site or redesign;
• check designs for contrast, focus states and tap target sizes before development;
• test with a keyboard and a screen reader before each release;
• train the people who edit the site to write alt text, use headings and caption videos;
• publish an accessibility statement with a way for visitors to report problems, and respond to them.

If you are planning a new website, our website development for US businesses page explains how we work, and our UI/UX design team designs with these checks in mind. You can also ask us to review your current site.

Sources

• ADA.gov: Guidance on Web Accessibility and the ADA
• ADA.gov: Introduction to the Americans with Disabilities Act
• ADA.gov: Fact Sheet on the rule for state and local government web content and mobile apps
• W3C WAI: WCAG 2 Overview
• W3C WAI: What's New in WCAG 2.2
• W3C WAI: Selecting Web Accessibility Evaluation Tools
• Section508.gov