ADA-Compliant Websites: Key Legal Issues and Practical Solutions

By Abigail O’Connell, JD

Senior Counsel
Sun Life Financial

Title III of the Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability in places of public accommodation. When written, the law contemplated physical accessibility options such as access through ramps, reserved parking, or barrier-free conference and restrooms. But places of public accommodation can be physical or virtual, and case law holdings make clear that websites are also places of public accommodation and must be accessible for persons with disabilities.

Under the ADA, places of public accommodation must provide full and equal enjoyment for people with disabilities. A website must ensure accessibility for those with visual, audio, dexterity, or other impairments by enabling them to consume content, navigate the site, and interact with site features.

The courts and the Department of Justice have frequently referenced the Web Content Accessibility Guidelines (WCAG) 2.0 as a standard to gauge whether websites are accessible.¹ WCAG 2.1, published in June 2018, promotes further accessibility enhancements.

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