Is Your Website Legally Compliant?
Understanding ADA and WCAG accessibility requirements
At Tamman and Chax, we believe creating accessible digital experiences isn’t just the right thing to do, it’s essential. It means that everyone, including the more than 26% of Americans with disabilities, can use your website or mobile app. That’s not only a major ethical and usability win, it’s also a smart business decision. And let’s not forget: in many cases, it’s also the law.
But legal compliance shouldn’t be your only goal. Accessibility is about people, about creating products that are usable, intuitive, and equitable for everyone. Let’s explore what the law says and why meaningful accessibility goes further.
Please note, while we stay up-to-date on the latest changes to digital accessibility case law, this article is not a substitute for professional legal advice, and it’s not a solicitation to offer legal advice.
1. If you serve the public, accessibility isn’t optional
The Americans with Disabilities Act (ADA) was passed in 1990, before the Internet was an everyday tool. But courts have since affirmed that Title III of the ADA applies to many online properties in addition to physical ones. “Traditionally what [courts] have looked at is the function of the website, and if it functions like a marketplace…it gets treated like a public place subject to the ADA,” explains Michael Zullo, lawyer with Duane Morris LLP and board member with the American Association for People with Disabilities (AAPD). This applies to websites and mobile apps, digital portals, and other digital content.
In other words, if your website, mobile app, or digital portal provides a service to the public, it must be accessible. And some states, like California (the Unruh Civil Rights Act) and New York (the New York State Human Rights Law), have additional laws that reinforce these protections even more clearly.
Our recommendation? Focus on creating equal access from the start. First, it’s good for business. When you prioritize the needs of people with disabilities, you get a better product for everyone. Second, it’s cost-effective. Legal precedents for digital accessibility are still being created. Often, the most expensive part of dealing with a lawsuit isn’t the settlement itself, but the remediation work required to fix accessibility gaps quickly. Focusing on accessibility from the start prevents these costs.
2. Getting federal funds? Digital accessibility matters even more
If your organization or business gets federal funding, digital accessibility is especially important. That’s because the 1973 Rehabilitation Act (Sections 504 and 508) prohibits any organization that takes federal funds from discriminating against people with disabilities. These organizations must give people with disabilities equal opportunity to digital services. Hospitals, universities, and public schools are just a few of the types of institutions covered by this law.
Section 504 is especially important because it covers the critical, everyday services that we all rely on, like voting, getting medical records, and applying to college. These are systems where people with disabilities already face discrimination, so ensuring equal access here is essential and required.
3. There’s no universal accessibility guideline, but the WCAG is “the benchmark standard”
US accessibility laws were written with a focus on the physical world, streets, buildings, and public services. Unlike building codes, digital accessibility laws in the U.S. don’t point to one universal checklist. But most legal rulings point to the Web Content Accessibility Guidelines (WCAG) as a “benchmark standard.” Zullo agrees, noting that “the WCAG is the standard when people are talking about legislation and litigation.”
At the same time, the legal landscape remains “nebulous,” according to Zullo. “People think that the ADA is a panacea for accessibility issues. That’s just not the case. What’s striking to me is that you have this technology that people really rely on, and there’s just no clear rules.”
The lack of a final standard can be frustrating for those who want to make their digital products legally compliant. At Tamman and Chax, we advise our partners to focus on meeting WCAG 2.1 AA standards, but more importantly, to center the user. That means testing with assistive technologies, addressing real-world usability, and going beyond what’s minimally required.
Legal compliance is the floor. Great design for accessibility is the ceiling (plus it makes for a better product).
4. The digital legal landscape is evolving quickly!
The spotlight on digital accessibility is growing brighter each year, and so is legal accountability.
In April 2024, the U.S. Department of Justice finalized a rule requiring all state and local government websites and mobile apps to meet WCAG 2.1 AA standards. Larger entities must comply within two years, while smaller entities have up to three. This marks a major shift, giving public sector organizations a clear legal benchmark for accessibility.
Meanwhile, calls for similar rules in the private sector are getting louder. Businesses that serve the public may soon face more defined federal requirements under Title III of the ADA. At the same time, states like California continue pushing for their own laws to establish WCAG as the state standard.
Zullo believes that laws will help “hold companies and individuals accountable,” but says real change “has to come from the culture.” And we agree. At Tamman and Chax, we help clients meet evolving legal standards and foster a culture of inclusion, because true accessibility starts with understanding, not just compliance.
Accessibility laws like the ADA, Section 504, and Section 508 aren’t just legal checkpoints; they’re frameworks built on a shared principle: everyone deserves equal access to digital information, services, and experiences. These laws, while evolving, reflect a growing understanding that the digital world must be inclusive by design.
At Tamman and Chax Training and Consulting, we believe legal compliance is just the beginning. The true goal is creating usable, inclusive digital products that serve all people, regardless of ability.
Whether you’re reviewing your website, launching a new product, or managing risk, don’t wait for a complaint to make accessibility a priority. By embedding accessibility from the start, you’ll avoid costly retrofits and build a stronger, more inclusive experience for everyone.
Let Chax help you put accessibility at the center of your digital strategy, because access shouldn’t be an afterthought.
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