Americans with Disabilities Act

The federal Americans with Disabilities Act (ADA) require certain businesses to make accommodations to people with disabilities, including such measures as wheelchair accessibility to physical locations, access to service animals and the use of braille. In addition to these physical considerations, Title III of the ADA requires businesses to maintain an accessible website.

Lady of Justice scale

REMEMBER… ADA Compliance of your website is Federal Case Law

The Eleventh Circuit’s District Courts have found that “The Web Content Accessibility Guidelines (WCAG) 2.0 Success Level A and AA are hereby determined by the court to be an appropriate standard to judge whether Defendant is in compliance with any accessibility requirements of the ADA”



Strategies for

Which businesses are required to comply with the Americans with Disabilities Act (ADA)?

The first thing to understand about the ADA Web Accessibility Compliance standard is which businesses are required to comply. Under Title III, businesses that fall into the category of “public accommodations,” such as hotels, banks and public transportation are required to comply. That means the entirety of the law applies, from physical considerations to digital accommodations.

Businesses considered “public accommodations” are required to comply with ADA Title III.  Essentially, any business that regularly serves the public is considered a public accommodation.

Here is a list of some

  • E-Commerce
  • Inns, hotels, and motels
  • Restaurants and bars
  • Bakeries and grocery stores
  • Any sales/retail outlet
  • Social service centers
  • Laundromats and dry cleaners
  • Accountants and lawyers’ offices
  • Health care providers’ offices
  • Public transportation
  • Recreation venues
  • Schools
  • Banks
  • Gyms 
  • And more

Liability for failure to comply:

Failing to comply with the ADA means your business is susceptible to lawsuits, and it’s common for attorneys to seek out non-compliant businesses both in the physical and digital space.

The costs of an ADA lawsuit can add up quickly.  Other than a business being forced to comply, which is costly, the business will have to pay for their attorney’s fees and the attorney’s fees and expert cost of the plaintiff.  This can run into the tens of thousands of dollars.   Depending on the size of your business and size of your website the cost could go into th hundred of thousands of dollars which would include remediation of your website to attain full compliance.


Lawsuit documents

If your business has a website, you need to know if it is fully ADA compliant and accessible. 

Call Us at (833) 232-9321 and speak with one of our experts and explore your options.

The bottom line is that remediating your website to be ADA compliant insulates your business from being targeted by lawsuits.

Section 508 of the Rehabilitation Act of 1973

If you are doing business with the government or maintaining electronic and information technology as a government entity, your digital content must be accessible and compliant to all end users. By law you must comply with Section 508 of the Rehabilitation Act of 1973.

Section 508 is a federal law that requires all electronic and information technology developed, procured, maintained, or used by the federal government be accessible to people with disabilities.

Section 508 doesn’t apply to federal agencies only. It also impacts any company that does business with a federal agency. This includes private contractors, the financial industry, healthcare, many legal organizations, and others.

Any and all digital communications that a company under Section 508 jurisdiction creates must be 508 compliant. This includes website content, emails, computer software, gaming systems, apps, and PDF versions of traditionally printed assets. PDFs require 508 remediation as they are not accessible by screen readers.

If you’re not sure if you need to be 508 compliant, it’s best to ask an expert.  Call ADA WebGuard @ 833-232-9321

A visual impaired woman sitting with her guide dog and an elderly woman.

Is your website accessible to people with disabilities?

Find out now!  We will provide your company a FREE WEBSITE ASSESSMENT and we will review the results with you at no charge!

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