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ADA & Section 508 web accessibility (US)

In the US, web accessibility is driven by the Americans with Disabilities Act (ADA), the DOJ's Title II rule for government, and Section 508 for federal procurement. None of the older law sets an explicit web standard, so WCAG AA has become the benchmark courts and buyers use. This page explains how they fit together.

Reviewed by the EAA Navigator team

TL;DR

  • ADA Title III: applied to business websites by courts; no explicit standard, but WCAG AA is the de-facto benchmark.
  • Lawsuits: thousands of website accessibility cases are filed each year.
  • DOJ Title II rule: WCAG 2.1 AA for state and local government, due 26 Apr 2027 / 26 Apr 2028.
  • Section 508: federal procurement; the 2017 refresh uses WCAG 2.0 AA.
  • VPAT: the document buyers ask for to prove conformance.

DOJ Title II deadlines

26 April 2027

State and local government entities serving populations of 50,000 or more.

26 April 2028

Smaller entities (under 50,000) and special districts.

WCAG 2.1 AA. Deadlines extended by one year in April 2026. DOJ web rule. See the full deadline tracker.

The ADA and websites

The Americans with Disabilities Act became law in 1990, long before the modern web. Its Title III prohibits discrimination by “places of public accommodation”, and US courts have widely held that this reaches the websites of businesses open to the public. The catch: the ADA itself names no website and sets no explicit technical standard.

To fill that gap, courts, the DOJ and settlement agreements have converged on WCAG 2.0 / 2.1 Level AA as the practical measure of an accessible website. So while there is no statute that says “meet WCAG AA”, that is what compliance looks like in practice for a Title III business. US DOJ

The volume of lawsuits

Website accessibility litigation in the US is substantial. Thousands of federal cases are filed each year. Exact counts vary by who is measuring and which venues they include, ranging from roughly 2,500 federal-only filings to around 4,000 across all venues in 2024, with a rebound reported in 2025.

Rather than quote one hard number as fact, the safe takeaway is the scale: this is a steady, high-volume area of litigation, much of it targeting businesses whose sites fail common WCAG checks like contrast, alt text and form labels. Fixing those issues is both the compliant and the defensive move.

The DOJ Title II rule (state and local government)

In April 2024, the Department of Justice published a final rule under ADA Title II that, for the first time, sets an explicit web standard for state and local government: their websites and mobile apps must meet WCAG 2.1 Level AA. DOJ web rule

The compliance deadlines, as extended by one year in April 2026, are:

  • 26 April 2027 for public entities serving populations of 50,000 or more.
  • 26 April 2028 for entities serving populations under 50,000 and for special district governments.

This rule binds government bodies, not private businesses, but it cements WCAG 2.1 AA as the US reference point. See the deadlines page for how these sit alongside the EU dates.

WCAG 2.1 or 2.2? Both, in practice

The laws above still cite WCAG 2.1 AA, but WCAG 2.2 is the current version and is backwards-compatible — it only adds criteria. Meeting WCAG 2.2 AA therefore also satisfies 2.1 AA, so targeting 2.2 is the safe, future-proof choice — which is why our checklist is 2.2.

Section 508 (federal procurement)

Section 508 of the Rehabilitation Act requires that information and communication technology (ICT) developed, bought, maintained or used by federal agencies be accessible. The 2017 “508 Refresh” aligned it with international standards by incorporating WCAG 2.0 Level AA. US Access Board

Section 508 matters well beyond government walls: any company that wants to sell software, hardware or services to the US federal government has to show its products meet the standard. That is where VPATs come in.

How VPATs fit

A VPAT (Voluntary Product Accessibility Template), produced by the trade association ITI, is the document a vendor fills in to describe how a product conforms to accessibility standards. A completed VPAT is called an Accessibility Conformance Report (ACR). Section508.gov

VPATs come in four editions, so a vendor can report against the standard a buyer cares about: WCAG, Section 508, EU (EN 301 549) and INT (a combined, international edition). Procurement teams, especially US public-sector buyers under Section 508 and large enterprises, routinely request one before purchasing. ITI

ADA Title III

Private businesses. No explicit standard in law; WCAG AA used by courts and settlements.

DOJ Title II

State and local government. WCAG 2.1 AA, explicit, due 26 Apr 2027 / 2028.

Section 508

Federal procurement. WCAG 2.0 AA since the 2017 refresh; proven via a VPAT.

Overlays do not equal ADA compliance

Overlay widgets do not make a site ADA-compliant. Overlay-equipped sites are still sued, automated tools catch only part of the issues, and the DOJ has said overlays are not a substitute for real conformance. In 2025 the FTC finalised a $1,000,000 order against an overlay vendor for deceptive claims. More on why overlays fall short.

By the numbers

US web accessibility in a few figures

WCAG AA

The de-facto standard US courts and the DOJ apply to websites.

Thousands

Website accessibility lawsuits filed in the US each year.

26 Apr 2027

DOJ Title II deadline for larger government entities (≥50k).

WCAG 2.0 AA

The standard Section 508 has used since the 2017 refresh.

Lawsuit counts vary by methodology and venue; treat “thousands a year” as the reliable figure. US DOJ

FAQ

People also ask

Does the ADA apply to websites?
The ADA does not name websites and sets no explicit technical standard, but US courts and settlements have widely treated the websites of "public accommodations" (Title III) as covered. In practice, WCAG 2.0 / 2.1 Level AA is used as the de-facto benchmark for what an accessible website looks like.
What standard does the ADA require for websites?
There is no single explicit ADA web standard for private businesses. Courts and settlements generally use WCAG AA (2.0 or 2.1). For state and local government, the DOJ Title II rule does set an explicit standard: WCAG 2.1 Level AA.
What is the DOJ Title II web rule?
In April 2024 the US Department of Justice published a final rule under ADA Title II that adopts WCAG 2.1 Level AA for the websites and mobile apps of state and local governments. The compliance deadlines were extended by one year in April 2026: 26 April 2027 for entities serving populations of 50,000 or more, and 26 April 2028 for smaller entities and special districts.
How many website accessibility lawsuits are there?
Federal website-accessibility lawsuits run in the thousands per year. Published counts vary by methodology and venue, from roughly 2,500 federal-only filings to around 4,000 across all venues in 2024, with a rebound in 2025. Treat "thousands a year" as the reliable figure rather than any single hard number.
What is Section 508?
Section 508 is a US federal procurement law. It requires that information and communication technology bought, used or developed by federal agencies be accessible. The 2017 "508 Refresh" incorporated WCAG 2.0 Level AA as the technical standard.
What is a VPAT?
A VPAT (Voluntary Product Accessibility Template) is a document, produced by ITI, that a vendor fills in to describe how a product meets accessibility standards. A completed VPAT is called an Accessibility Conformance Report (ACR). Procurement teams, especially US public sector under Section 508 and enterprise buyers, often require one.

This is guidance, not legal advice

This is guidance to help you understand US web accessibility law, not legal advice. For decisions specific to your organisation, confirm with the official sources we link or a qualified adviser. We cannot guarantee compliance, and you should be wary of anyone who says they can.

Sources

  1. [1]US DOJ: ADA Title II web rule fact sheetretrieved 9 Jun 2026
  2. [2]US Access Board: Section 508 / ICT standardsretrieved 9 Jun 2026
  3. [3]Section508.gov: ACR / VPAT FAQretrieved 9 Jun 2026
  4. [4]ITI: Voluntary Product Accessibility Template (VPAT)retrieved 9 Jun 2026
  5. [5]Web Content Accessibility Guidelines (WCAG) 2.2 (W3C Recommendation)retrieved 9 Jun 2026

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ADA & Section 508 web accessibility (US), explained · EAA Navigator