ADA Website Accessibility in 2026: Legal Requirements and Lawsuit Trends

Key takeaways

• The U.S. Department of Justice says the ADA applies to the goods and services businesses offer on the web, but it has no regulation setting a specific technical standard for private businesses.
• The Web Content Accessibility Guidelines (WCAG) are the standard most often used to measure website accessibility. WCAG 2.1 Level AA is the common benchmark, and WCAG 2.2 is the current version.
• Federal website accessibility lawsuits rose to 3,117 in 2025, up 27% from 2,452 in 2024. That count does not include state court cases or demand letters.
• New York, Florida, and Illinois saw the most federal filings in 2025. California plaintiffs mostly file in state court.
• The most effective protection is building accessibility into design and development, then keeping it in place as content changes.

Website accessibility used to be treated as a nice-to-have. For most businesses that serve the public, it is now a legal risk to manage, a standard clients ask about, and a basic part of good website design. This guide covers what the law says, which standard to follow, what the latest lawsuit numbers show, and what to do next.

This article is general information, not legal advice. If you have received a demand letter or lawsuit, talk to an attorney.

Does the ADA apply to websites?

The Americans with Disabilities Act (ADA) was passed in 1990, before most businesses had websites, and its text does not mention them. The U.S. Department of Justice has addressed the question directly. In guidance published on March 18, 2022, it states that the ADA’s requirements apply to all the goods, services, privileges, or activities offered by public accommodations, including those offered on the web (ADA.gov).

In practice, this means that if your business serves the public, such as a store, restaurant, medical practice, law firm, or service provider, your website should be usable by people with disabilities.

The same guidance notes that the Department of Justice “does not have a regulation setting out detailed standards” for businesses, and that businesses have flexibility in how they comply. It points to existing technical standards, including WCAG and the Section 508 Standards, as helpful guidance.

Which standard should your website follow?

WCAG, published by the World Wide Web Consortium (W3C), is the standard most businesses, courts, and regulations use to measure accessibility. It is organized into three levels: A, AA, and AAA.

• WCAG 2.1 Level AA is the most common benchmark. It is the level required by the federal rule for state and local governments and by the European Accessibility Act.
• WCAG 2.2 is the current version (W3C). It adds nine success criteria and removes one outdated criterion, 4.1.1 Parsing.

Several of the new WCAG 2.2 criteria affect everyday business websites:

• Target Size (Minimum): buttons and links need to be large enough to tap reliably.
• Focus Not Obscured (Minimum): sticky headers, chat widgets, and cookie banners should not hide the element a keyboard user is on.
• Accessible Authentication (Minimum): login steps should not rely on memory puzzles or transcribing codes without alternatives such as copy and paste.
• Redundant Entry: multi-step forms should not make people type the same information twice.
• Consistent Help: contact details or help links should appear in the same place across pages.

Building to WCAG 2.2 AA today covers the 2.1 AA benchmark and prepares a site for the direction standards are heading.

Website accessibility lawsuit trends

Federal website accessibility lawsuits under Title III of the ADA have stayed above 2,000 a year since 2018 and reached 3,117 in 2025 (Seyfarth Shaw, ADA Title III).

A few patterns stand out in the 2025 data:

• Filings are concentrated in a few states. New York federal courts saw 1,021 lawsuits, Florida 961 (almost double its 2024 total), and Illinois 585.
• California cases mostly go to state court. California federal courts saw only four new website accessibility lawsuits in 2025, because plaintiffs there generally file under state law instead.
• The federal count is only part of the picture. Demand letters and state court lawsuits are not included, and the same source notes that many plaintiffs have shifted to New York and New Jersey state courts.

Other trackers publish higher totals because they count state court cases as well, so you will see different numbers in different reports. The direction is consistent: these claims are common, and many are resolved before they reach trial.

Other laws that may apply to your website

The ADA is not the only rule to consider. Depending on who you serve and where, these may also apply:

• Title II rule for state and local governments. In April 2024, the Department of Justice adopted a rule requiring state and local government websites and mobile apps to meet WCAG 2.1 Level AA. In April 2026, it extended the compliance dates to April 26, 2027 for larger entities and April 26, 2028 for smaller ones (Reed Smith). If you build websites or software for cities, counties, school districts, or public universities, expect accessibility requirements in your contracts.
• Section 508. Part of the Rehabilitation Act, Section 508 requires federal agencies to make sure the information and communication technology they cover is accessible to, and usable by, people with disabilities (Section508.gov). Companies that sell to federal agencies are often asked to show they meet it.
• State laws. Some plaintiffs also bring website claims under state civil rights laws, such as California’s Unruh Civil Rights Act and New York’s state and city human rights laws.
• The European Accessibility Act. Since June 28, 2025, businesses that sell products or services to consumers in the European Union, including ecommerce stores based outside the EU, are expected to meet accessibility requirements. Very small businesses, those with fewer than 10 employees and under €2 million in annual revenue, are exempt (Practical Ecommerce).

How to reduce your risk: a practical checklist

Accessibility is far easier and cheaper to build in during design and development than to retrofit after a demand letter arrives. Whether you are planning a new site or improving an existing one, these steps cover the most common problems:

1. Start with an audit. Combine automated testing with a manual review of your key pages and forms. Automated tools catch many issues quickly, but some problems, such as confusing focus order or unclear link text, only show up when a person navigates the site.
2. Fix the most common barriers first. Check color contrast, keyboard navigation for menus and pop-ups, alt text on meaningful images, labels on every form field, clear error messages, and captions on video.
3. Check the WCAG 2.2 additions. Make sure buttons are large enough to tap, sticky elements do not cover focused content, and forms do not ask for the same information twice.
4. Publish an accessibility statement. Explain your commitment, the standard you follow, and how visitors can contact you if they run into a problem.
5. Keep it accessible. New pages, blog posts, PDFs, and plugins can introduce new issues. Build accessibility checks into your publishing process and ongoing website maintenance.
6. Document your work. Keep a record of audits, fixes, and dates. It shows good faith and makes it easier to respond if questions come up.

Accessibility is also one of the web design priorities we cover in our guide to web design trends for 2026, alongside site speed and clear structure, because all three make a site easier to use for everyone.

Build accessibility in from the start

The businesses that handle accessibility best treat it as part of how their website is built, not as a one-time fix. When accessibility is considered from the first wireframe, it shapes color choices, navigation, form design, and content structure, and it costs far less than reworking a finished site.

If you are planning a new site or want an existing one reviewed, our website design and development team can help. Request a free quote and tell us about your site.

Frequently asked questions

Is website accessibility required by law?

For businesses that serve the public, the Department of Justice’s position is that the ADA applies to the goods and services they offer online. There is no federal regulation setting a specific technical standard for private businesses, but WCAG is the standard most commonly used to measure accessibility. State and local governments have a specific rule requiring WCAG 2.1 AA.

Which version of WCAG should my website meet?

WCAG 2.1 Level AA is the most common benchmark and the level referenced by the federal rule for state and local governments. WCAG 2.2 is the current version, and building to WCAG 2.2 AA covers the 2.1 requirements as well.

Do small businesses get sued over website accessibility?

Yes. Website accessibility lawsuits are filed against businesses of all sizes, including restaurants, retailers, and local service providers. Many claims are resolved before trial, and many businesses first hear about the issue through a demand letter.

Can an accessibility tool or widget make my website compliant on its own?

Accessibility tools can help find and fix some issues, but no single tool can guarantee compliance. The goal is a site that people with disabilities can actually use, which usually requires a combination of automated tools, manual review, and accessible design and code.