ADA website compliance: what US small businesses should know

ADA website compliance is a real question for US small businesses: the Americans with Disabilities Act has no detailed web rule for private businesses, yet website accessibility claims are common. Here is what the law and the Department of Justice say, how the new rule for state and local governments fits in, and practical steps for a small business. General information, not legal advice.

Last checked 28 October 2026.

The ADA and business websites

Title III of the ADA applies to businesses that are open to the public, which the law calls public accommodations: shops, restaurants, hotels, banks, doctors’ offices, gyms and many more. They must not discriminate against people with disabilities in the goods and services they offer.

In its March 2022 guidance on web accessibility, the Department of Justice (DOJ) says its position is that the ADA applies to all the goods, services, privileges or activities of public accommodations, including those offered on the web. In other words, if customers can shop, book or get information on your website, DOJ expects people with disabilities to be able to do that too.

There is no detailed web standard for businesses

DOJ has not issued a regulation with technical web standards for businesses. Its guidance says businesses have flexibility in how they make their websites accessible, and that the Web Content Accessibility Guidelines (WCAG) and the federal Section 508 standards are helpful guidance.

In practice, WCAG level AA is the benchmark businesses and their advisers measure against, and WCAG 2.1 level AA is the standard DOJ itself chose for state and local government websites.

The DOJ guidance names common barriers to look for:

Poor colour contrast between text and background.
Using colour alone to give information, such as marking required fields only in red.
Images without text alternatives (alt text).
Videos without captions.
Online forms that people using assistive technology cannot fill in, for example fields without labels.
Websites that can only be used with a mouse, not with a keyboard.

What courts have said

Many website accessibility claims are brought by individuals rather than by DOJ. Under Title III, private plaintiffs cannot win money damages; they can get a court order to fix the problems and their attorney’s fees. Defending a claim still costs time and money.

Federal courts have not agreed on one important question: whether a website is covered on its own, or only when it is connected to a physical place such as a store. Some federal appeals courts have taken the narrower view and others the wider one, so the answer can depend on where a claim is filed. A business that sells only online should not assume it is outside the ADA.

The Title II rule for state and local governments

Title II of the ADA covers state and local governments. In a final rule published on 24 April 2024, DOJ set WCAG 2.1 level AA as the technical standard for their web content and mobile apps, including content provided for them by contractors and vendors.

An interim final rule effective on 20 April 2026 moved the compliance dates back by one year:

Public entities with a total population of 50,000 or more: 26 April 2027 (previously 24 April 2026).
Public entities with a population under 50,000, and all special district governments: 26 April 2028 (previously 26 April 2027).

The rule does not apply to private businesses directly. It matters to you in two ways: if you build websites, apps or online services for a city, county, school district or other public body, your work will need to meet WCAG 2.1 AA; and it shows which standard DOJ considers appropriate for the web.

Practical steps for a small business

Check your website against WCAG 2.1 or 2.2 level AA with an automated tool, starting with the pages customers use most.
Fix critical and serious problems first, especially those on DOJ’s list: contrast, alt text, form labels, captions and keyboard access.
Test by hand: move through your site with the Tab key only, zoom to 200 percent, and try a screen reader on your main pages.
Check third-party tools on your site, such as booking, payment and chat widgets, and ask suppliers about their accessibility.
Publish an accessibility statement with an email address or phone number people can use when something does not work, and answer quickly.
Keep records: dated reports, what you fixed and when. They show that you take accessibility seriously.
If you receive a demand letter or a lawsuit, talk to a lawyer promptly. Do not ignore it.

Automated checks and records help you find and fix problems, but nothing can promise that you will not receive a claim. Treat accessibility as ongoing work, like security updates.

How our accessibility checker helps

Our website accessibility checker runs the automated WCAG 2.1 level A and AA tests and the automated WCAG 2.2 test for target size across your site, sorts the problems by impact and explains each fix in plain words. Every check is kept in your history with a dated PDF report. Paid plans re-check your site every week or every day and email you when new problems appear, the score drops or a check fails.

Automated tests find part of the problems. Use the list of what automated checks miss for your manual review, and get expert help for important journeys such as checkout.

Questions

Does the ADA require my website to meet WCAG?

No regulation names WCAG for private businesses. DOJ says the ADA applies to the websites of businesses open to the public and calls WCAG and the Section 508 standards helpful guidance. Because DOJ chose WCAG 2.1 level AA for state and local governments, WCAG level AA is the practical benchmark most businesses use.

Does the ADA apply if I only sell online?

Courts disagree. Some federal appeals courts have said Title III covers only physical places or websites connected to them; others have taken a wider view. DOJ’s position is that the ADA applies to goods and services offered on the web. Because the answer can depend on where a claim is filed, an online-only business should not assume it is exempt.

Do the 2027 and 2028 deadlines apply to my business?

Not directly. The dates of 26 April 2027 and 26 April 2028 come from the Title II rule for state and local governments, as extended by DOJ in April 2026. They matter to you if you provide websites, apps or online services to a public body, because that content must meet WCAG 2.1 level AA.

Will an automated checker protect me from lawsuits?

No tool can promise that. Automated tests find a part of the barriers, and claims often mention problems that need a person to judge, such as keyboard use or meaningful alt text. A checker helps you fix the common problems quickly and keep records of your work; combine it with manual testing and, for important journeys, expert review.

What should I do if I receive a demand letter?

Do not ignore it, and talk to a lawyer who handles ADA claims before you reply. Meanwhile, check the pages the letter mentions, fix what you can, and keep dated records of the problems found and the fixes made. This is general information, not legal advice for your situation.

Sources

General information, not legal advice. Laws and dates change; check the sources or ask an adviser for your situation.