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Achieving Web Accessibility and ADA Compliance: Our Comprehensive Solution with AccessiBe
JANICE HURLBURT
Two years ago, I learned that websites must comply with the Americans with Disabilities Act (ADA). Compliance is achieved by adhering to the Web Content Accessibility Guidelines (WCAG), which ensure that websites are perceivable, operable, understandable, and robust for people with disabilities. WCAG 2.1 is critical in making the web more accessible to everyone, particularly individuals who rely on assistive technologies to navigate online content.
On April 24, 2024, the Department of Justice’s Civil Rights Division (DOJ) issued a final rule revising Title II of the ADA. This rule mandates that state and local governments and any third-party services must make their websites and mobile applications accessible to people with disabilities.
By April 2026, WCAG 2.1 guidelines will become mandatory for all state and local government websites, as well as third-party services they use. While this mandate specifically targets government entities, it signals a broader trend that local businesses should not ignore.
What are Third-Party Services?
Third-party services refer to any services not directly operated by the government but are contracted or partnered with government entities to provide essential services or functions. This can include private companies, non-profits, or other entities that deliver services on behalf of the government
Implications for Local Businesses:
• Increased Scrutiny: As state and local governments enforce WCAG 2.1, there may be increased scrutiny on all businesses to comply, particularly those providing services to government entities.
• Legal Risks: Non-compliance could lead to lawsuits under the ADA, as seen in various cases where businesses were sued for not having accessible websites.
• Competitive Advantage: Compliance can provide a competitive advantage by making services more accessible to a broader audience, including people with disabilities.
Why Local Businesses Need to Comply:
Despite the upcoming 2026 deadline for government websites, local businesses are already facing lawsuits for failing to meet ADA requirements. This is because ADA Title III, which covers public accommodations, applies to all businesses that serve the public, regardless of size or sector.
Legal Precedents: Local businesses across various industries—including restaurants, dental offices, pest control services, financial-related services, carpet cleaners, construction industry companies, real estate offices, and retail shops—have been sued for not having accessible websites.
Typically, lawsuits are filed by individuals with disabilities who argue they cannot access the services or information provided on the business’s website, thereby violating the ADA.
What can businesses do to avoid being sued?
1. ADA Title III: The Americans with Disabilities Act (ADA) Title III requires businesses considered “public accommodations” to provide equal access to their services, including their websites.
This applies to businesses regardless of whether the specific WCAG 2.1 guidelines are explicitly mandatory by law. Plaintiffs and advocacy groups argue that inaccessible websites violate the ADA because they effectively deny access to services and information for people with disabilities.
2. Court Interpretations: Courts in several jurisdictions have interpreted the ADA to apply to websites, even in the absence of specific regulations mandating compliance with WCAG.
This interpretation has been the basis for many lawsuits against local businesses, where plaintiffs claim that an inaccessible website violates their rights under the ADA.
3. Proactive Legal Action: Plaintiffs, often represented by disability rights advocates or legal firms specializing in ADA compliance, have proactively filed lawsuits against businesses with inaccessible websites.
While these actions are often based on the argument that the ADA already requires accessibility, regardless of whether specific technical standards like WCAG 2.1 are mandated.
Lawsuits against private businesses:
Lawsuits were typically filed by individuals with disabilities or advocacy groups who argued that the businesses’ websites were not accessible, thereby violating the ADA. The types of businesses involved range widely, indicating that any business providing services to the public is at risk if their website is not compliant with accessibility standards.
The amount of cases highlight the importance of compliance with the ADA and WCAG guidelines to avoid legal action and ensure all customers can access online services and information.
Our Commitment to Accessibility:
To help our clients navigate these challenges, we’ve partnered with AccessiBe, a leading provider of web accessibility solutions. Through this partnership, we offer an efficient, affordable solution to ensure your website meets WCAG & ADA compliance standards.
How It Works: The AccessiBe tool is implemented via an annual license and a WordPress Plugin or coding on your site.
Once activated, it places a widget on all pages of your website, allowing users to customize their browsing experience according to their needs—whether adjusting font sizes, changing color contrasts, or enabling screen readers. This tool is already used on over 247,000 websites, so you’ve likely encountered it before.
Benefits of ADA Compliance:
Tax Credits: The U.S. government offers incentives for businesses that make their websites accessible. Qualifying businesses can receive a tax credit of up to $5,000, covering 50% of the costs associated with ADA compliance.
SEO Improvements: Accessible websites not only serve all users better but also tend to rank higher on search engines. Improved accessibility can lead to increased traffic, reduced bounce rates, and better conversion rates.
Enhanced Brand Reputation: An ADA-compliant website shows your commitment to inclusivity, enhancing your brand’s reputation. Consumers today value brands that are socially responsible and inclusive, which can lead to increased customer loyalty.
Why Choose AccessiBe:
Commitment to inclusivity and legal assurance!
AccessiBe is more than just a tool; it’s a commitment to inclusivity. The company works closely with the disability community to ensure that its solutions meet the real needs of users with disabilities.
Moreover, AccessiBe stands by its product by offering a litigation support package. In the rare event that your website faces a legal challenge after implementing their solution, AccessiBe provides the necessary support to help you navigate the situation.
The added layer of protection ensures that you can focus on your business while knowing that your website is compliant and legally safeguarded.
Ready to Make Your Website Accessible?
We invite you to experience the AccessiBe tool on our website at Janicehurlburt.com. If you’re interested in bringing this powerful accessibility solution to your own website, contact us today. With our help, your website can be fully ADA-compliant as soon as tomorrow, providing an inclusive experience for all users and safeguarding your business against potential legal risks.
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ABOUT JANICE HURLBURT
I help coaches and entrepreneurs shine their expertise online, by making the process of building their online presence fun, simple, and ready-for-success.
My digital agency will take care of the technology for you, help you shine like a star and get your expertise and efforts noticed. When you make me your partner in online management, I become the navigator of your journey, helping you map your success, attract the right clients, grow online and make more money.
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