As an attorney, I always advocate what I call “legal prevention” which means that you avoid legal entanglement when at all possible.  In this instance, we can reasonably argue on the merits as to whether your website needs to be ADA compliant (unless you’re a governmental entity under Section 508 of the Rehabilitation Act or a recipient of federal funding under 504 – accessibility is required here).

Navigable: Content that’s repeated on multiple pages can be easily skipped. All pages have informative titles, headings, and labels that describe the page’s content and hierarchy. Navigating the page must take place sequentially, in a meaningful order that preserves relationships on the page. All link text is descriptive in order to make clear where the link will take users. If users are navigating via a keyboard, the current focus of the keyboard is always highlighted and visible.
The ADA prohibits discrimination on the basis of disability and says that places of public accommodation (including private commercial enterprises) need to make accommodations for the disabled (42 U.S.C. § 12182).  Importantly, a place of public accommodation, per 42 U.S.C. § 12181(7), amounts to a privately operated facility whose operations affect commerce.   However, since the ADA came pre Internet era, the ADA didn’t contemplate or mention websites or apps.
Legal precedent is changing, and ADA compliance related lawsuits are becoming more successful, and the courts are seeing more of them as a result. Title III of the Americans with Disabilities Act pertains to private sector businesses. Lately, those protections are more frequently expanding into digital territory as web and mobile applications become more necessary in our day-to-day lives.
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The United States Code is divided into titles and chapters that classify laws according to their subject matter. Titles I, II, III, and V of the original law are codified in Title 42, chapter 126, of the United States Code beginning at section 12101. Title IV of the original law is codified in Title 47, chapter 5, of the United States Code. Since this codification resulted in changes in the numbering system, the Table of Contents provides the section numbers of the ADA as originally enacted in brackets after the codified section numbers and headings.
Technology is changing, and many website designers are using creative and innovative ways to present web-based materials. These changes may involve new and different access problems and solutions for people with disabilities. This Chapter discusses just a few of the most common ways in which websites can pose barriers to access for people with disabilities. By using the resources listed at the end of this Chapter, you can learn to identify and address other barriers.
People with disabilities that affect their sight, hearing, or mobility may have difficulty accessing certain parts of websites and other online properties unless certain accommodations are made. Just as businesses may need to make adjustments to their physical location so that disabled customers have easy access to the premises, companies may need to adjust certain aspects of their websites so individuals with disabilities can take full advantage of all the features and services.
Title IV of the ADA amended the landmark Communications Act of 1934 primarily by adding section 47 U.S.C. § 225. This section requires that all telecommunications companies in the U.S. take steps to ensure functionally equivalent services for consumers with disabilities, notably those who are deaf or hard of hearing and those with speech impairments. When Title IV took effect in the early 1990s, it led to the installation of public teletypewriter (TTY) machines and other TDD (telecommunications devices for the deaf). Title IV also led to the creation, in all 50 states and the District of Columbia, of what was then called dual-party relay services and now are known as Telecommunications Relay Services (TRS), such as STS relay. Today, many TRS-mediated calls are made over the Internet by consumers who use broadband connections. Some are Video Relay Service (VRS) calls, while others are text calls. In either variation, communication assistants translate between the signed or typed words of a consumer and the spoken words of others. In 2006, according to the Federal Communications Commission (FCC), VRS calls averaged two million minutes a month.
The Department of Justice may file lawsuits in federal court to enforce the ADA Compliance, and courts may order compensatory damages and back pay to remedy discrimination if the Department prevails. Under title III, the Department of Justice may also obtain civil penalties of up to $55,000 for the first violation and $110,000 for any subsequent violation of ADA Compliance.
As a result, most ADA suits are brought by a small number of private plaintiffs who view themselves as champions of the disabled. For the ADA to yield its promise of equal access for the disabled, it may indeed be necessary and desirable for committed individuals to bring serial litigation advancing the time when public accommodations will be compliant with the ADA."[57]
WordPress themes (and themes for other CMS platforms like Drupal) commonly have the generic “more accessible” and “WCAG 2.0” tags attached to them but you have to be extremely careful about buying them because these are more aspirational claims than reality.  Typically you’ll get a boost of accessible elements on your website but buying an accessible theme – premium or free – will not take care of everything for you.
Talk to your web designer about other techniques that will make your site more user-friendly for people with disabilities. Worried that’s not in your budget? Consider the fact that DOJ fines start at $75,000. And it's still yet to be determined if a non-compliant website is liable for one fine or will be charge per page for each violation. As the recent lawsuits illustrate, though, settlements quickly add up into the millions.
With these guidelines laying the groundwork for how best to comply with ADA law in America, many organizations increasingly have more clarity around the standards required of them and how to best accommodate disabled users. The best course of action is to act on website accessibility NOW. You simply cannot afford to wait another day. Whether that is with small or large steps, all effort is worthwhile in protecting your company so you can truly focus on what you’re best at: conducting business and encouraging a myriad of users to access your content.
ADA disabilities include both mental and physical medical conditions. A condition does not need to be severe or permanent to be a disability.[6] Equal Employment Opportunity Commission regulations provide a list of conditions that should easily be concluded to be disabilities: deafness, blindness, an intellectual disability (formerly termed mental retardation), partially or completely missing limbs or mobility impairments requiring the use of a wheelchair, autism, cancer, cerebral palsy, diabetes, epilepsy, Human Immunodeficiency Virus (HIV) infection, multiple sclerosis, muscular dystrophy, major depressive disorder, bipolar disorder, post-traumatic stress disorder, obsessive compulsive disorder, and schizophrenia.[7] Other mental or physical health conditions also may be disabilities, depending on what the individual's symptoms would be in the absence of "mitigating measures" (medication, therapy, assistive devices, or other means of restoring function), during an "active episode" of the condition (if the condition is episodic).[7]
ADA website compliance is about making sure that everyone has equal access to all the elements on your website and apps. That may mean you need to provide alternatives for some of the functions and content on your site in order to meet ADA website compliance standards. Here’s a quick rundown of some of the accommodations that need to be incorporated into your website to meet the ADA guidelines:

A 1999 jury verdict against Chuck E. Cheese pizza chain, where the Commission alleged that the defendant discriminatorily discharged an employee because of his mental retardation. Although the employee was able to work productively with the aid of a job coach, and the local manager and staff supported his retention, the employee was fired by a regional manager who stated that the company did not employ "those kind of people." Ultimately, EEOC won a jury award of $10,000 in back pay, $70,000 in compensatory damages for emotional distress, and a record $13 million in punitive damages (later reduced to $230,000 because of the statutory cap on punitive damages).

That’s good news if you are one of the many Americans who have a visual, hearing, or mobility disability that makes it difficult to access some information on the web. If you are a business owner who hasn’t made provisions to ensure that your website and other online assets are ADA compliant, you could be looking at a host of legal and financial penalties.


Olmstead v. L.C.[65] was a case before the United States Supreme Court in 1999. The two plaintiffs L.C. and E.W. were institutionalized in Georgia for diagnosed mental retardation and schizophrenia. Clinical assessments by the state determined that the plaintiffs could be appropriately treated in a community setting rather than the state institution. The plaintiffs sued the state of Georgia and the institution for being inappropriately treated and housed in the institutional setting rather than being treated in one of the state's community based treatment facilities.
The ADA prohibits discrimination on the basis of disability and says that places of public accommodation (including private commercial enterprises) need to make accommodations for the disabled (42 U.S.C. § 12182).  Importantly, a place of public accommodation, per 42 U.S.C. § 12181(7), amounts to a privately operated facility whose operations affect commerce.   However, since the ADA came pre Internet era, the ADA didn’t contemplate or mention websites or apps.
It isn’t a problem by default, a lot of it comes down to how it is built. I’d suggest either considering a highly accessible contingency option, or build those components in such a way that there is a level of accessibility baked into it. If you need help with that testing or review email us at questions at yokoco.com and we’ll be able to let you know the cost for us to lend a hand.
This title prohibits private places of public accommodation from discriminating against individuals with disabilities. Examples of public accommodations include privately-owned, leased or operated facilities like hotels, restaurants, retail merchants, doctor’s offices, golf courses, private schools, day care centers, health clubs, sports stadiums, movie theaters, and so on.  This title sets the minimum standards for accessibility for alterations and new construction of facilities. It also requires public accommodations to remove barriers in existing buildings where it is easy to do so without much difficulty or expense.  This title directs businesses to make "reasonable modifications" to their usual ways of doing things when serving people with disabilities. It also requires that they take steps necessary to communicate effectively with customers with vision, hearing, and speech disabilities.  This title is regulated and enforced by the U.S. Department of Justice. 

First, it is difficult to objectively categorize health problems as "major" and "minor." Many people live with what are called "invisible disabilities." These are problems that are not immediately obvious to an observer because the person who lives with them may not require an apparatus such as a wheelchair or cane, and he or she may not be in any visible pain. However, these health issues can create serious obstacles for the people who live with them. There are certain kinds of heart and muscle conditions that greatly limit how much a person can move about each day.
The United States Code is divided into titles and chapters that classify laws according to their subject matter. Titles I, II, III, and V of the original law are codified in Title 42, chapter 126, of the United States Code beginning at section 12101. Title IV of the original law is codified in Title 47, chapter 5, of the United States Code. Since this codification resulted in changes in the numbering system, the Table of Contents provides the section numbers of the ADA as originally enacted in brackets after the codified section numbers and headings.
The Americans with Disabilities Act (ADA) became law in 1990. The ADA is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public. The purpose of the law is to make sure that people with disabilities have the same rights and opportunities as everyone else. The ADA gives civil rights protections to individuals with disabilities similar to those provided to individuals on the basis of race, color, sex, national origin, age, and religion. It guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, state and local government services, and telecommunications. The ADA is divided into five titles (or sections) that relate to different areas of public life.

The fastest, most certain way to be sure your website is in compliance is to contact a qualified web design agency and have them perform an audit of all your online properties. Make sure you interview the agency thoroughly first, as not all agencies are up to speed on ADA website compliance rules. A qualified web design firm will be able to identify any violations of ADA Website Compliance and outline a plan for updating your online content and properties. 
To be protected by the ADA, one must have a disability or have a relationship or association with an individual with a disability. An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment. The ADA does not specifically name all of the impairments that are covered.
The WCAG 2.1 requirements define the standard for successful development with an ascending order of compliance levels. The standard has three compliance or success levels namely: A, AA, and AAA. The first A level means the lowest success while the AA and AAA level signifies the highest success. More A’s show that a website has met more demands and achieved greater accessibility convenience.
Many members of the business community opposed the Americans with Disabilities Act. Testifying before Congress, Greyhound Bus Lines stated that the act had the potential to "deprive millions of people of affordable intercity public transportation and thousands of rural communities of their only link to the outside world." The US Chamber of Commerce argued that the costs of the ADA would be "enormous" and have "a disastrous impact on many small businesses struggling to survive."[35] The National Federation of Independent Businesses, an organization that lobbies for small businesses, called the ADA "a disaster for small business."[36] Pro-business conservative commentators joined in opposition, writing that the Americans with Disabilities Act was "an expensive headache to millions" that would not necessarily improve the lives of people with disabilities.[37]

This title prohibits private places of public accommodation from discriminating against individuals with disabilities. Examples of public accommodations include privately-owned, leased or operated facilities like hotels, restaurants, retail merchants, doctor’s offices, golf courses, private schools, day care centers, health clubs, sports stadiums, movie theaters, and so on.  This title sets the minimum standards for accessibility for alterations and new construction of facilities. It also requires public accommodations to remove barriers in existing buildings where it is easy to do so without much difficulty or expense.  This title directs businesses to make "reasonable modifications" to their usual ways of doing things when serving people with disabilities. It also requires that they take steps necessary to communicate effectively with customers with vision, hearing, and speech disabilities.  This title is regulated and enforced by the U.S. Department of Justice. 

Medical records are confidential. The basic rule is that with limited exceptions, employers must keep confidential any medical information they learn about an applicant or employee. Information can be confidential even if it contains no medical diagnosis or treatment course and even if it is not generated by a health care professional. For example, an employee's request for a reasonable accommodation would be considered medical information subject to the ADA's confidentiality requirements.
Two agencies within the U.S. Department of Labor enforce parts of the ADA. The Office of Federal Contract Compliance Programs (OFCCP) has coordinating authority under the employment-related provisions of the ADA. The Civil Rights Center (CRC) is responsible for enforcing Title II of the ADA as it applies to the labor- and workforce-related practices of state and local governments and other public entities. Visit the Laws & Regulations subtopic for specific information on these provisions.
Title II applies to public transportation provided by public entities through regulations by the U.S. Department of Transportation. It includes the National Railroad Passenger Corporation (Amtrak), along with all other commuter authorities. This section requires the provision of paratransit services by public entities that provide fixed-route services. ADA also sets minimum requirements for space layout in order to facilitate wheelchair securement on public transport.[20]
For discussion’s sake – while I don’t know the specific nature of your videos, my guess is that they might be demonstrating various techniques or other content in which simply hearing the audio of the video wouldn’t deliver the full context of the content. If making that content accessible is something you’d want to do, you’d likely want to start with a written description of what takes place in the video. Beyond that, high contrast vector images or diagrams showcasing specific parts of the technique would certainly help.
One of the first major ADA lawsuits, Paralyzed Veterans of America v. Ellerbe Becket Architects and Engineers (PVA 1996) was focused on the wheelchair accessibility of a stadium project that was still in the design phase, MCI Center (now known as Capital One Arena) in Washington, D.C. Previous to this case, which was filed only five years after the ADA was passed, the DOJ was unable or unwilling to provide clarification on the distribution requirements for accessible wheelchair locations in large assembly spaces. While Section 4.33.3 of ADAAG makes reference to lines of sight, no specific reference is made to seeing over standing patrons. The MCI Center, designed by Ellerbe Becket Architects & Engineers, was designed with too few wheelchair and companion seats, and the ones that were included did not provide sight lines that would enable the wheelchair user to view the playing area while the spectators in front of them were standing. This case[69][70] and another related case[71] established precedent on seat distribution and sight lines issues for ADA enforcement that continues to present day.

* Alterations must be accessible. When alterations to primary function areas are made, an accessible path of travel to the altered area (and the bathrooms, telephones, and drinking fountains serving that area) must be provided to the extent that the added accessibility costs are not disproportionate to the overall cost of the alterations. Elevators are required as described above.
Distinguishable: To assist color-blind users and those with other visual impairments, color is never used as the sole means of conveying information or prompting the user. Audio lasting more than 3 seconds can be paused, or the volume can be controlled independently of the system volume. Regular text has a contrast ratio of at least 4.5:1, and large text has a contrast ratio of at least 3:1. In addition, text can be resized up to 200 percent without causing issues with the website.

Another federal agency, the Architectural and Transportation Barriers Compliance Board (ATBCB), also known as the Access Board, issues guidelines to ensure that buildings, facilities and transit vehicles are accessible to people with disabilities. The Guidelines & Standards issued under the ADA and other laws establish design requirements for the construction and alteration of facilities. These standards apply to places of public accommodation, commercial facilities, and state and local government facilities.


Small businesses with either $1,000,000 or less in revenue or 30 or fewer full-time employees may take a tax credit of up to $5,000 annually for the cost of providing reasonable accommodations such as sign language interpreters, readers, materials in alternative format (such as Braille or large print), the purchase of adaptive equipment, the modification of existing equipment, or the removal of architectural barriers.
The need to make websites, mobile apps, and other online properties accessible to all is only going to increase as time moves on. Smart business owners will do well to get in front of this issue and make sure that their websites are ADA compliant now so that all their customers have the equal access to the resources they offer. Not just because they want to avoid a lawsuit or government action, but because it’s the right thing to do.
Audio | Transcript Passed by Congress in 1990, the Americans with Disabilities Act (ADA) is the nation's first comprehensive civil rights law addressing the needs of people with disabilities, prohibiting discrimination in employment, public services, public accommodations, and telecommunications. EEOC was given enforcement authority for Title I of the Act, the employment discrimination provisions. Congress provided that Title I would not take effect for two years in order to allow the Commission time to develop regulations and technical assistance, time to conduct comprehensive public education programs on the new disability law, and time for employers to adjust to the new requirements.
As a web developer, Ryan's work is what makes the magic happen. He spends most of his time creating custom websites, which involves turning the designers' visual mockups into code. It's lucky that he's such a good problem solver, because many of Ryan's projects involve working with clients to create complex custom functions. He's also one of the few developers in the country with extensive experience developing for the HubSpot CMS.
The Americans with Disabilities Act (ADA) and, if the government entities receive federal funding, the Rehabilitation Act of 1973 generally require that state and local governments provide qualified individuals with disabilities equal access to their programs, services, or activities unless doing so would fundamentally alter the nature of their programs, services, or activities or would impose an undue burden.2 One way to help meet these requirements is to ensure that government websites have accessible features for people with disabilities, using the simple steps described in this document. An agency with an inaccessible website may also meet its legal obligations by providing an alternative accessible way for citizens to use the programs or services, such as a staffed telephone information line. These alternatives, however, are unlikely to provide an equal degree of access in terms of hours of operation and the range of options and programs available.
Since enforcement of the act began in July 1992, it has quickly become a major component of employment law. The ADA allows private plaintiffs to receive only injunctive relief (a court order requiring the public accommodation to remedy violations of the accessibility regulations) and attorneys' fees, and does not provide monetary rewards to private plaintiffs who sue non-compliant businesses. Unless a state law, such as the California Unruh Civil Rights Act,[55] provides for monetary damages to private plaintiffs, persons with disabilities do not obtain direct financial benefits from suing businesses that violate the ADA.

• Understandable: Make sure it's easy for all users to comprehend the information on your website. Recommendations include making the text readable — which includes using a mechanism to help identify definitions of words or phrases used in unusual ways — expanding abbreviations and including language that's at the lower secondary education level, if possible, or making available a version that doesn't require advanced reading ability. The WCAG 2.1 offers additional insight on how to make your website understandable.


You may have installed a ramp, increased the width of your door frames, or made other accommodations to ensure that your physical premises are accessible to all. The requirement for equal access used to only apply to physical locations and storefronts, but now the government is actively ensuring that the requirements for ADA accessibility include online properties such as websites and mobile apps.
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