Is Your Business Website ADA Compliant? Here’s What You Need to Know

In today’s digital-first world, a business’s website is often its primary point of contact with customers. But just like physical storefronts must be accessible to individuals with disabilities, so too must websites. Failing to ensure your website complies with the Americans with Disabilities Act (ADA) could leave your business vulnerable to lawsuits, lost customers, and reputational damage.

What Is Website ADA Compliance?

The ADA doesn’t specifically mention websites in its language—it was passed in 1990, before the internet became central to commerce. However, courts have increasingly interpreted the ADA’s Title III (which prohibits discrimination by “places of public accommodation”) to apply to websites, especially those that are integral to a business's offerings.

The general standard followed today is conformance with the Web Content Accessibility Guidelines (WCAG)—a set of internationally recognized rules developed by the World Wide Web Consortium (W3C). The most current version, WCAG 2.1, includes guidelines grouped under four key principles: Perceivable, Operable, Understandable, and Robust (POUR). We’ve included more detail on the four key principles at the end of this article.

Why Website Accessibility Matters

1. Legal Risk: Lawsuits and Demand Letters

Thousands of businesses have faced lawsuits or settlement demands because their websites weren’t accessible to people with disabilities. Common plaintiffs include individuals with visual, hearing, or mobility impairments who are unable to navigate or use key site features.

Real-world examples include:

• Robles v. Domino’s Pizza, LLC (9th Cir. 2019): A major pizza chain sued for not making its online ordering platform accessible to screen readers.
• Bishop v. Amazon.com, Inc. (S.D.N.Y. 2018) and National Federation of the Blind (NFB) v. Target Corp. (N.D. Cal. 2008): Retailers targeted because customers with vision impairments couldn’t navigate their e-commerce pages.
• Financial institutions facing actions because their online banking platforms couldn’t be used without a mouse.

Lawsuits are often filed in federal court, and plaintiffs can seek injunctive relief and attorneys' fees—meaning a business may have to pay the plaintiff’s legal costs on top of its own.

2. Lost Customers and Revenue

Non-compliance can mean excluding millions of Americans who rely on screen readers, keyboard navigation, captioning, or other accessible features to engage online. If your site isn’t accessible, you’re shutting the door on a significant portion of potential customers—and potentially inviting bad press.

3. Compliance with Other Laws

While the ADA is the most prominent law involved, you may also have obligations under:

• Section 508 (for federal contractors or recipients of federal funds)
• State-level anti-discrimination laws such as California’s Unruh Act
• Consumer protection laws when poor design impedes equal access to services

Common Website Accessibility Issues That Trigger Legal Trouble

Here are some of the most frequent accessibility issues that lead to lawsuits or demand letters:

1. Missing Alternative Text for Images
   Screen readers rely on "alt text" to describe images to visually impaired users. Without it, critical information is lost.
2. Poor Color Contrast
   Low contrast between text and background can make content unreadable for users with visual impairments.
3. No Keyboard Navigation
   All site functionality must be accessible via a keyboard (not just a mouse), including forms, menus, and pop-ups.
4. Inaccessible Forms
   Missing form labels or confusing field instructions make it hard for assistive technologies to communicate what a user needs to do.
5. Lack of Captions or Transcripts for Audio/Video
   Users with hearing impairments must be provided captions or transcripts for any multimedia content.
6. Improper Use of Headers and Structure
   Headings must follow a logical order (H1, H2, H3, etc.) to help users understand content hierarchy and navigate effectively.
7. Auto-Playing Media Without Controls
   Sound or video that starts automatically, without the option to pause, can interfere with screen readers and create a disorienting experience.
8. Time-Outs Without Warning
   Users with cognitive or physical disabilities may need more time to fill out forms or complete actions. Websites must allow for time extensions or provide warnings.

Understanding WCAG’s POUR Principles: What They Mean for Your Website

The Web Content Accessibility Guidelines (WCAG) are the global standard for website accessibility. The most current version, WCAG 2.1, organizes its recommendations around four key principles often referred to as POUR: Perceivable, Operable, Understandable, and Robust. These principles are designed to ensure that all users, regardless of disability, can access and interact with your website.

Here’s what each one means in practical terms:

1. Perceivable

Information and interface components must be presented in ways that users can perceive—meaning nothing should be invisible to any of their senses.

• Images must include alternative text so screen readers can describe them.
• Videos should have captions or transcripts for users who are deaf or hard of hearing.
• Color contrast must be sufficient so that text is legible for users with low vision or color blindness.
• Content should not rely solely on visual cues (e.g., “click the green button”)—there should be a text label too.

Goal: Users should be able to see, hear, or otherwise interpret all content.

2. Operable

All functionality must be usable through a variety of inputs, including keyboard-only navigation.

• Users must be able to navigate without a mouse, including accessing menus, forms, and pop-ups.
• Interactive elements (like buttons or dropdowns) must be clearly labeled and easy to operate.
• There should be enough time to complete actions like filling out forms, and time-outs should include warnings.
• Avoid flashing content that could trigger seizures or disorientation.

Goal: Users can navigate and interact with the site in multiple ways that suit their needs.

3. Understandable

The content and operation of the website must be clear and predictable.

• Use plain language when possible—avoid jargon or overly complex instructions.
• Web pages should behave consistently, with clear headings and navigation across pages.
• Instructions should be provided when users are filling out forms or performing actions (e.g., errors should be explained clearly).
• The site should not do anything unexpected—like submitting a form or refreshing the page without warning.

Goal: Users should be able to understand how to use the site and anticipate what will happen next.

4. Robust

Your website must be designed to work well with current and future technologies, including assistive devices like screen readers.

• Use clean, valid HTML code that assistive technologies can reliably interpret.
• Make sure your site is compatible with a wide range of browsers and devices, including screen readers, screen magnifiers, and speech input tools.
• As web technology evolves, the site should remain functional and accessible.

Goal: Users should be able to access your site with the tools they rely on—now and in the future.

Why POUR Matters

Understanding POUR helps business owners, marketers, and web developers focus not just on checking technical boxes—but on creating an online experience that’s inclusive and user-friendly for everyone. Compliance with these principles doesn’t just reduce legal risk; it builds trust, improves usability, and expands your audience.

How to Check and Improve Website Accessibility

You don’t need to be a web developer to start the process of making your site more accessible:

1. Run a Free Audit
   Tools like WAVE, axe DevTools, and Google Lighthouse can identify many common issues.
2. Hire an Accessibility Consultant
   Various companies offer audits, remediation guidance, and certification services.
3. Ask Your Web Developer
   If you have a webmaster or marketing team, ask if your site follows WCAG 2.1 guidelines and what improvements can be made.
4. Start Small, Prioritize High-Use Areas
   Focus on your home page, product or service pages, and contact forms first—anywhere a customer would engage with your business.

What Should Businesses Do Now?

Even though ADA website compliance remains a gray area in some respects, the legal trend is clear: if your business offers goods or services online, your website should be accessible to all users.

Here’s what we recommend:

• Conduct an accessibility audit of your site

• Fix obvious issues immediately (like missing alt text or broken forms)

• Plan for long-term improvements and WCAG conformance

• Document your efforts—courts are more favorable when businesses show a good-faith effort to comply

Final Word: Accessibility Is a Business Asset

Website accessibility isn’t just about avoiding lawsuits—it's about inclusion, better SEO, and a more professional user experience. From a legal perspective, it shows responsibility and foresight. From a business perspective, it opens your doors to more customers and reduces the risk of expensive litigation.

At Tyler Law, LLP, we help business owners navigate their compliance risks and connect with the right resources. If you’re unsure whether your business is at legal risk, contact us for a consultation.

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