In the United States, the cornerstone of disability rights law is the Americans with Disabilities Act (ADA). While the European Union has the EAA, the US equivalent for private businesses falls under Title III of this landmark 1990 civil rights legislation. Its core purpose is to prohibit discrimination on the basis of disability in "places of public accommodation," ensuring equal access to goods, services, and facilities.
For decades, this was understood primarily in physical terms—wheelchair ramps, accessible restrooms, and braille signage. However, as commerce and daily life have moved online, the legal interpretation has evolved.
What Is a "Place of Public Accommodation" in the Digital Age?
Today, the U.S. Department of Justice (DOJ) and federal courts have repeatedly affirmed that websites and mobile apps are considered places of public accommodation. This means that nearly every private business that serves the public in the United States—from retail and e-commerce stores to restaurants, banks, hotels, and healthcare providers—must ensure their digital properties are accessible to people with disabilities.
If your website is not accessible, your business is at risk of violating federal law. The volume of lawsuits filed under ADA Title III has surged in recent years, with thousands of cases targeting companies of all sizes for having inaccessible websites.
What Does Title III Require for Websites?
Unlike the EAA in Europe, the ADA does not specify a single, official technical standard for website compliance. This has created a gray area that businesses often find confusing.
However, the legal system has established a clear pattern. In litigation and settlements, the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA is consistently used as the benchmark for determining whether a website is accessible and compliant with the ADA.
Therefore, to comply with Title III, your website should adhere to WCAG 2.1 AA principles, which include :
- Full Keyboard Navigability: All functions must be operable without a mouse.
- Alt Text for Images: All images must have descriptive text for screen readers.
- Captions for Videos: All multimedia content needs synchronized captions.
- Sufficient Color Contrast: Text must be clearly readable against its background.
- Accessible Online Forms: All form fields must be properly labeled and navigable.
The Consequences of Non-Compliance
Ignoring digital accessibility under Title III exposes businesses to significant risks:
- Costly Lawsuits: Individuals and advocacy groups can file lawsuits, leading to expensive legal fees and settlements.
- Financial Penalties: The DOJ can impose civil penalties, with fines reaching up to $75,000 for a first violation and $150,000 for subsequent ones.
- Reputational Damage: An accessibility lawsuit can harm your brand's reputation and alienate a large customer base.
- Lost Market Share: The disability market represents billions of dollars in disposable income. An inaccessible website effectively closes your door to this segment of the population.
Proactive Compliance Is the Best Strategy
In the US legal environment, waiting for a lawsuit is not a viable strategy. Proactive compliance with WCAG 2.1 AA is the most effective way to mitigate legal risk and demonstrate your commitment to inclusivity.
Wawsome’s AI-driven platform is designed to help you navigate the requirements of ADA Title III. By auditing your site against WCAG standards and providing tools for remediation and ongoing monitoring, we empower you to create a digital experience that is inclusive, compliant, and open to all.