Website accessibility requirements: what applies to you

If your business is open to the public in the US, the Justice Department's position is that the Americans with Disabilities Act (ADA) covers your website too. For private businesses there is no federal regulation that names a technical standard, so the working benchmark most people use is WCAG 2.1 or 2.2 at Level AA, the guidelines published by the W3C. State and local governments are different: since a 2024 rule, they have a written standard (WCAG 2.1 AA) and fixed deadlines. In practice, people who use a screen reader, a keyboard or a zoomed screen should be able to read your pages, fill in your forms and contact you. This is general information from a web studio, not legal advice. For a specific letter or lawsuit, talk to a lawyer.

What the law says about websites, in plain words

The ADA has two parts that matter here. Title II covers state and local governments. Title III covers businesses open to the public, which the law calls "public accommodations": shops, restaurants, hotels, banks, medical offices, theaters and many service businesses.

The Justice Department's guidance on web accessibility 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." It also says that since 1996 the Department "has consistently taken the position that the ADA applies to web content."

On how to comply, the same page is plain about the gap: "The Department of Justice does not have a regulation setting out detailed standards." Businesses "can currently choose how they will ensure that the programs, services, and goods they provide online are accessible to people with disabilities," and the page points to WCAG and the federal Section 508 standards as helpful technical guidance. The page is dated March 18, 2022, notes that it doesn't reflect the newer rule for state and local governments, and says the guidance itself has no legally binding effect.

For a private business, then, the duty exists and the method is up to you. In practice, sites get measured against WCAG because there is nothing more specific to measure them against.

The 2024 rule is for governments, with new dates

On April 24, 2024, the Federal Register published a Justice Department rule under Title II. According to the ADA.gov fact sheet on the rule, it sets "WCAG Version 2.1, Level AA" as "the technical standard for state and local governments' web content and mobile apps." That covers public bodies such as schools, courts, libraries and transit agencies.

It doesn't apply to a private dental office or a plumbing company. The main way it reaches a private company is when that company builds or runs web content for a government. The fact sheet's own example is a county parks page that "must meet WCAG 2.1, Level AA even if a local web design company made the web page and updates it for the county."

The deadlines moved this year. An Interim Final Rule published on April 20, 2026 extended the compliance dates:

If you sell to cities, counties or school districts, check whether your contract makes that standard your job.

What WCAG is and which level to aim for

WCAG stands for Web Content Accessibility Guidelines. The W3C published version 2.0 in December 2008, 2.1 in June 2018 and 2.2 in October 2023. Each version is a list of testable success criteria, graded at three levels: A (the minimum), AA and AAA.

Level AA is the usual target, and it's the one the Title II rule names. The W3C's WCAG overview says the versions are backward compatible, so a site that meets 2.2 also meets 2.1 and 2.0, and it encourages you to use the latest version. Our advice for a new site: build to WCAG 2.2 AA. For an existing site, getting to 2.1 AA first is a sensible step, since 2.2 adds 9 success criteria on top.

A few criteria at Levels A and AA come up on almost every small business site:

• Normal text needs a contrast ratio of at least 4.5:1 against its background.
• Text must stay readable when zoomed to 200 percent, without content getting cut off.
• Images that carry meaning need a text alternative (alt text).
• Every function has to work with a keyboard alone.
• Form fields need labels, and errors need to be described in text.
• Videos need captions.

The most common problems on small business sites

The barriers ADA.gov lists match what we find on small business sites:

• Light gray text on a white or pale background.
• Color used as the only signal, such as red text marking required form fields.
• Images, logos and icon buttons with no alt text.
• Videos with no captions.
• Forms with placeholder text in place of labels, and errors that only turn a box red.
• Menus, sliders and pop-ups that only work with a mouse.

We'd add scanned-image PDF menus or price lists, and third-party booking widgets nobody tested. If customers book through that widget, a barrier there blocks the booking.

How to check your site for free

Most big issues show up within an hour, with free tools.

1. Put your mouse away. Press Tab from the top of your homepage and try to reach the menu, open a page, fill in the contact form and send it. You should always see where you are on the page. If focus disappears or gets stuck in a pop-up, write it down.
2. Zoom your browser to 200 percent. Check that text wraps, nothing overlaps and the menu still opens.
3. Run a free checker. WAVE from WebAIM and the Lighthouse accessibility audit built into Chrome both flag missing alt text, low contrast, empty links and unlabeled fields.
4. Follow the W3C's Easy Checks, a short guide to testing page titles, alt text, headings, contrast, zoom and keyboard access by hand.
5. Turn on the screen reader your computer already has (VoiceOver on a Mac, Narrator on Windows) and listen to your homepage and contact form once.

Treat checker results as a starting list. ADA.gov says "A 'clean' report does not necessarily mean everything is accessible," and a report with a few errors may not mean there are real barriers. A checker can't tell whether your alt text makes sense or whether a person can finish a booking.

Why an overlay widget isn't the fix

Overlay widgets are scripts that add an accessibility icon to the corner of a site, promise compliance for a monthly fee and try to repair your code in the browser.

We don't recommend them as a fix. ADA.gov says automated checkers and overlays "can be helpful tools," and then adds that they "need to be used carefully." The problems that block people live in the code and content: a form with no labels, a menu that ignores the keyboard, a hero image with words baked into it. A script loaded after the page can patch some of that, and it can clash with the screen readers and settings disabled visitors already use.

Spend that money on the templates. On most small sites a header, a footer, a form and a few page layouts make up nearly every page, so one template fix reaches dozens of pages.

Writing an accessibility statement

An accessibility statement is a short page that says what you aim for and how to reach you if something doesn't work. ADA.gov lists "reporting accessibility issues" among its recommended practices, and a statement is the simplest way to offer it.

Keep it short and honest. Include:

• The standard you're working toward, for example WCAG 2.2 Level AA.
• Any parts of the site you know have problems, and what you're doing about them.
• An email address and phone number for reporting a barrier, and how quickly you reply.
• The date you last reviewed the site.

The W3C has a free accessibility statement generator. Don't call your site "fully compliant" or "certified"; there is no government certification for private websites.

If you get a demand letter

A demand letter usually comes from a law firm, cites the ADA and lists barriers it says it found on your site. If one arrives:

• Don't ignore it or reply on your own. Take it to a lawyer who handles ADA matters, and ask your insurer whether you're covered.
• Save dated screenshots of the site as it is today.
• Start fixing the listed issues and keep a dated record of each change.
• Don't rush to install an overlay.

We can't tell you whether a letter is valid. We can audit the site and fix the code, and your record of changes gives your lawyer something concrete.

Keeping it accessible after launch

Sites drift. Someone uploads photos without alt text, a plugin update changes a form, a new page goes up in pale gray. A few habits help:

• Write alt text when you upload an image, and caption videos before they go live.
• Use heading styles in order, never for their size.
• Run WAVE and a keyboard test after any redesign, new template or new plugin.
• Review the site once a year and update the date on your statement.

A care plan puts updates and checks on a schedule; our guide to what website maintenance includes covers what to expect. Hiring someone for a new site? Ask about accessibility up front, along with the other questions in our guide on how to choose a web designer.

How Ortha handles accessibility

Every website we build includes speed, accessibility and SEO basics, as listed on our services page. For a site you already have, the same page lists speed and accessibility audits: Core Web Vitals and WCAG checks, plus a prioritized list of fixes we can make for you. A speed and accessibility check is a $150 add-on on our pricing page. We don't sell overlays and we won't promise "compliance." If you want a second opinion on your site, send us the link.

FAQ

Is website accessibility a legal requirement for small businesses?

For US businesses open to the public, the Justice Department's position is that the ADA applies to their websites. There is no federal regulation setting a technical standard for private businesses, so most use WCAG 2.1 or 2.2 Level AA as the benchmark. State laws can add their own rules.

Does the 2024 ADA web rule apply to my business?

The April 2024 Title II rule applies to state and local governments, not private businesses. It can reach a private company that builds or runs web content for a government. Its compliance dates are now April 26, 2027 or April 26, 2028, depending on the government's size.

What WCAG level should my website meet?

Level AA. It's the level the Title II rule uses and the one most audits test against. For a new site, aim for WCAG 2.2 AA, which also meets 2.1 AA.

How do I check my website's accessibility for free?

Use only a keyboard, zoom to 200 percent, run WAVE or Chrome's Lighthouse audit, and follow the W3C's Easy Checks. Automated tools miss problems, so do the manual tests too.

Do accessibility widgets or overlays make a site compliant?

Not on their own, in our view. ADA.gov says overlays "need to be used carefully" and that a clean automated report doesn't mean a site is accessible. The fixes belong in the site's code and content.

What is an accessibility statement?

A short page saying which standard you aim for, any known problems, and how to report a barrier. The W3C offers a free generator.