ADA website accessibility: Title II vs Title III

Does the ADA apply to websites?

Yes. The ADA is a US civil rights law from 1990 that bans discrimination against people with disabilities. The Justice Department, which enforces it, says the ADA applies to the web content of state and local governments and of businesses open to the public.

In its 2022 web guidance, the department listed common barriers on websites:

• Poor color contrast
• Using color alone to give information
• Images without text alternatives (alt text)
• Videos without captions
• Online forms that aren't accessible
• Navigation that only works with a mouse

What is the difference between ADA Title II and Title III?

What does the ADA Title II web rule require?

On April 24, 2024, the Justice Department published a rule for the websites and mobile apps of state and local governments. It sets WCAG 2.1 Level AA as the technical standard. It covers content a government provides directly and content it provides through contractors or vendors.

The rule has a few exceptions, including:

• Archived content kept only for reference that isn't changed
• Documents posted before the compliance date, unless people still use them to apply for or use services
• Content posted by third parties who aren't working for the government
• Password-protected documents about a specific person, property or account
• Social media posts made before the compliance date

When are the ADA Title II deadlines?

On April 20, 2026, the Justice Department issued an interim final rule that moved both deadlines back by one year. The technical standard did not change.

The department said it may propose changes to the rule's requirements during the extension. If it doesn't, it expects to apply the rule at the new deadlines. It also stressed that governments already have a duty under Title II to make their online services accessible, whatever the dates. Check ADA.gov for the latest status.

What does ADA Title III mean for business websites?

There is no Title III regulation with detailed web standards for businesses. The Justice Department says businesses have flexibility in how they make their web content accessible, and it points to WCAG and the Section 508 standards as helpful guidance. Since WCAG is the standard named in most other accessibility laws, WCAG 2.1 or 2.2 Level AA is a sensible target.

Businesses have faced private lawsuits and Justice Department action over websites that people with disabilities couldn't use. ADA.gov lists past settlements with national retailers and service companies.

How do you make a website meet the ADA?

1. Choose a target. WCAG 2.1 Level AA is the Title II standard, and WCAG 2.2 AA covers it.
2. Audit your site with automated checks plus manual testing using a keyboard and a screen reader.
3. Fix the biggest barriers first: keyboard access, form labels, alt text, captions and color contrast.
4. Train the people who publish content, so new pages and documents stay accessible.
5. Publish an accessibility statement with a way to report problems, and respond quickly.
6. Retest after redesigns and new features.

A visitor tool like Octo Assist can add options such as larger text or read aloud, but it doesn't fix your code and doesn't make a site meet the ADA on its own. Our website accessibility checklist shows where to start.

This guide is general information, not legal advice. For advice about your organization's obligations, talk to a qualified lawyer.