ADA Title III & Web Accessibility: What You Need to Know

The Americans with Disabilities Act (ADA) Title III is the primary federal law governing web accessibility for private businesses in the United States. Despite decades of legal debate, courts continue to find that websites are "places of public accommodation" and therefore must comply with accessibility standards.

This guide explains what ADA Title III requires, the current legal landscape, and practical steps to ensure compliance.

Legal Disclaimer

A11yscan is not a law firm and does not provide legal advice. We operate under best practices based on WCAG Guidelines, ADA requirements, and applicable jurisdictions. Courts don't always agree on terms and expectations for web accessibility, and legal standards can vary by jurisdiction. However, an accessible website works better for all users regardless of legal requirements. For specific legal guidance, consult with a qualified attorney specializing in accessibility law.

What is ADA Title III?

ADA Title III prohibits discrimination by private entities in the provision of goods or services. The law applies to any business open to the public—which courts have increasingly interpreted to include websites and digital services.

Scope of Coverage

Title III covers private businesses but does NOT cover:

  • Federal government agencies (covered by Section 508)
  • State and local governments (covered by Title II)
  • Private clubs or religious organizations (limited exceptions)

For more information, visit the official ADA web accessibility guidance.

The WCAG 2.1 Level AA Standard

While the ADA itself doesn't mandate a specific technical standard, the Department of Justice and most courts recognize WCAG 2.1 Level AA as the appropriate benchmark for web accessibility compliance.

What WCAG 2.1 Level AA Requires

  • 4.5:1 color contrast ratio for text
  • Keyboard navigation through all content
  • Alt text for images
  • Captions and transcripts for video
  • Proper heading hierarchy
  • Screen reader compatibility
  • Form labels and error identification

The WCAG 2.1 Quick Reference provides detailed success criteria.

The Current Litigation Landscape

Since 2008, thousands of accessibility lawsuits have been filed against private businesses under Title III. While the legal standard remains unsettled, several consistent patterns have emerged:

Key Litigation Trends

  • Retail and e-commerce websites face the most litigation
  • Banks and financial services are frequently targeted
  • Restaurant and hospitality websites continue to be sued
  • Settlement amounts typically range from $5,000 to $50,000
  • Attorney fees can exceed the settlement amount

For verified data on accessibility lawsuits, see the ADA Title III Litigation Database.

Practical Compliance Requirements

To comply with ADA Title III, organizations should:

Technical Requirements

  • Ensure all website content is keyboard accessible
  • Provide alt text for all meaningful images
  • Use semantic HTML structure
  • Test with screen readers (NVDA, JAWS, VoiceOver)
  • Maintain 4.5:1 color contrast minimum
  • Support browser zoom up to 200%

Organizational Requirements

  • Designate an accessibility coordinator
  • Conduct regular accessibility audits
  • Establish a process for receiving and responding to accessibility complaints
  • Train staff on accessibility best practices
  • Include accessibility in procurement decisions

The Equal Employment Opportunity Commission (EEOC) enforces Title III for private businesses.

What Happens If You Violate Title III?

Violations of ADA Title III can result in:

Legal Consequences

  • Damages of up to $75,000 for the first violation
  • Damages of up to $150,000 for subsequent violations
  • Attorney fees (often exceeding actual damages)
  • Injunctions requiring website remediation
  • Court-ordered accessibility improvements

Additionally, negative publicity and loss of customers can compound financial impact. Learn more at Department of Justice Title III guidance.

Key Takeaways

  • ADA Title III applies to private businesses' websites and digital services
  • WCAG 2.1 Level AA is the widely-recognized compliance benchmark
  • Thousands of businesses face accessibility litigation annually
  • Compliance requires both technical and organizational changes
  • Early proactive remediation is more cost-effective than litigation response
  • Accessibility benefits all users, regardless of legal requirements

Resources

Audit Your ADA Compliance

Understand your current accessibility status and exposure to Title III liability.