ADA (United States)

Introduction

The Americans with Disabilities Act (ADA) is a civil rights law that prohibits discrimination against people with disabilities in the United States.

Enacted in 1990, the ADA ensures equal access to public life, including employment, transportation, public spaces, and services. Over time, its application has expanded to include digital services such as websites and mobile applications.

For organizations operating in or serving users in the United States, accessibility is increasingly considered part of providing equal access under the ADA.

What is the ADA?

The Americans with Disabilities Act establishes requirements to ensure that people with disabilities have equal access to goods, services, and opportunities.

The law is structured into several titles. For digital accessibility, the most relevant are:

• Title II - applies to state and local government services

• Title III -  applies to businesses and nonprofit organizations serving the public

These provisions require organizations to ensure that their services are accessible, including when those services are delivered digitally.

Although the ADA does not explicitly define technical requirements for websites, accessibility is generally evaluated against WCAG, which serves as the accepted standard in practice.

Legal framework and standards

The ADA defines legal obligations but does not include detailed technical specifications for digital accessibility.

In practice, accessibility is assessed using WCAG, which is widely accepted as the benchmark in both public and private sector contexts. In legal cases, WCAG 2.1 Level AA is commonly used to determine whether a service is accessible.

Unlike European regulations, the ADA does not reference EN 301 549, and it is not typically used in the US. However, organizations operating internationally or preparing for future requirements may choose to align with EN 301 549 to ensure consistency across regions.

Which organizations must comply with the ADA?

The ADA applies broadly to organizations that provide services to the public in the United States.

Public sector

Accessibility requirements apply to:

• state governments

• local authorities

• public institutions

• public education systems

These organizations must ensure equal access to their services, including digital platforms. This requirement also extends to services provided on their behalf, meaning that third-party providers delivering digital solutions for public administrations must meet the same accessibility expectations.

Private sector (places of public accommodation)

The ADA also applies to businesses and nonprofit organizations considered places of public accommodation.

This includes:

• retail and e-commerce businesses

• banks, healthcare and professional services

• lodging

• entertainment and recreation venues

• food and drink establishments

• transportation terminals

• cultural institutions

• private educational institutions

• social service establishments

Digital services are increasingly interpreted by courts and the Department of Justice as part of these services, especially when they are central to how users access products or information.

Organizations operating internationally

Companies outside the United States may still be affected if they:

• offer services to users in the US

• operate within the US market

• provide digital platforms accessible to US consumers

Supervisory authorities

ADA enforcement involves several bodies, including:

• the Department of Justice (DOJ)

• federal and state courts

• the Equal Employment Opportunity Commission (EEOC)

Enforcement often occurs through legal action, rather than routine regulatory audits.

Accessibility requirements in practice

The ADA requires organizations to provide equal access to their services.

For digital services, this typically involves ensuring that users can:

• navigate interfaces without a mouse

• use assistive technologies such as screen readers

• understand content structure and navigation

• complete key actions such as purchases or form submissions

Accessibility applies across full user journeys, including navigation, interaction, and transactions.

How ADA relates to WCAG

The ADA does not define a technical standard for accessibility.

In practice:

• WCAG is widely used as the benchmark for compliance

• courts and settlements often reference WCAG criteria

• organizations use WCAG to guide accessibility implementation

WCAG provides the technical framework used to demonstrate accessibility under the ADA.

What happens if you do not comply?

Failure to comply with the ADA may lead to legal action.

This can include:

• lawsuits brought by individuals or advocacy groups

• investigations by the Department of Justice

• court orders requiring accessibility improvements

Accessibility issues are often identified through user complaints or legal claims, rather than proactive audits.

What penalties can apply?

Sanctions may include legal and financial consequences, depending on the case.

Organizations may face:

• legal claims or settlements

• civil monetary penalties

• requirements to remediate accessibility barriers

• ongoing monitoring or compliance obligations

Consequences depend on the nature of the violation and how accessibility issues are addressed.

How Accessiway supports ADA compliance

Accessiway supports organizations working toward ADA compliance through:

• accessibility audits aligned with WCAG

• automated accessibility monitoring

• remediation guidance for development teams

• accessibility training

• continuous compliance support

Learn more about how we support accessibility on our solutions page.

These services help organizations build and maintain accessible digital experiences across markets.

Accessibility becomes easier to manage when it is integrated into everyday digital processes.