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The Costly Truth About Accessibility Laws Every Business Must Know

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Most businesses think they're doing enough to be accessible. They're not. A lot of businesses don't think they need to be accessible at all. And many more, small or large, don't even know what accessibility is, when there are laws that require them to comply.

If you believe accessibility only applies to public websites, government agencies, or big tech platforms, you've likely misunderstood what the law requires, and who it protects.

The truth? Most businesses fall under accessibility laws, even if they don't realize it. If you run a website or app, it likely needs to be accessible. Otherwise, you're putting yourself and your customers at risk.

Who Is Legally Required to Provide Accessible Digital Experiences?

The ADA (Americans with Disabilities Act)

Under Title III of the ADA, businesses that are considered places of public accommodation must not discriminate against people with disabilities. While the ADA was written before the internet became mainstream, the Department of Justice (DOJ) has consistently interpreted it to apply to websites and mobile applications.

"The Department has consistently taken the position that the ADA's requirements apply to all the goods, services, privileges, or activities offered by public accommodations, including those offered on the web." DOJ Guidance on Web Accessibility and the ADA, March 2022

If your website offers information, products, bookings, applications, or services to the public, your business likely needs to comply. This includes:

  • Retail stores and e-commerce sites
  • Restaurants
  • Healthcare providers
  • Banks and financial services
  • Hotels and lodging
  • Private schools and universities
  • Fitness centers
  • Any other business that serves the public

There's no size exemption. Even small businesses are expected to provide access.

Section 508 of the Rehabilitation Act

Section 508 is often misunderstood. While it primarily applies to federal agencies, it also affects vendors and contractors that do business with the government. If your product, website, software, or content is purchased by a federal entity, you must follow Section 508 standards, which align closely with WCAG.

This includes SaaS providers serving government clients, digital learning platforms used in federal training, and health IT software used in government healthcare systems.

State Laws You Might Not Know About

Many U.S. states have their own accessibility and civil rights laws that go beyond federal requirements. California's Unruh Civil Rights Act and Disabled Persons Act have been used to bring thousands of web accessibility lawsuits. New York and Massachusetts also have strong anti-discrimination laws that apply to digital platforms.

Common Myths (and Why They're Dangerous)

"We're a private company. ADA doesn't apply to us." If you serve the public, the ADA probably does apply.

"Our website is just informational." The DOJ considers any service or information you offer online to fall under ADA Title III.

"We're too small to be targeted." Small businesses are sued all the time. There were over 4,000 digital accessibility lawsuits filed in the U.S. in 2023 alone.

"We're not in the U.S., so we're safe." If you serve U.S.-based customers, you may still be targeted under U.S. laws.

So, What's at Risk If You Ignore This?

  • Legal action: lawsuits or demand letters can cost thousands in settlement and legal fees
  • Lost customers: people with disabilities represent billions in disposable income
  • Reputation damage: lawsuits are often public, and poor accessibility reflects badly on your brand
  • Poor usability for all: inaccessible sites are harder to use for everyone, including mobile users and older adults

Accessibility Is More Than Legal Compliance

Yes, accessibility is a legal requirement. But it's also good design, better SEO, improved performance, and inclusive for everyone. Keyboard access, captions, readable layouts, and alt text make your site easier to use for a broader audience, including aging users, mobile users, and users in low-bandwidth areas.

Most businesses get accessibility wrong. You don't have to. Get in touch to learn where to start.