As more businesses move services online, accessibility now includes far more than ramps, lifts, and accessible parking spaces. Websites, online forms, booking systems, mobile apps, customer portals, and digital documents all need to be considered when making sure people with disabilities can access products and information.
Under ADA Title III in the United States, public-facing businesses and organizations must ensure their digital services are accessible, as confirmed by the Department of Justice. Keep reading to learn more about what Title III covers, who must comply, and what steps businesses can take to reduce compliance risks.
What is ADA Title III?
ADA Title III is a section of the Americans with Disabilities Act (ADA) that prevents private businesses from discriminating against people with disabilities in places of public accommodation. The purpose of Title III is to ensure that people with disabilities have access to the same goods, services, facilities, and benefits available to other customers.
Who must comply with ADA Title III requirements?
ADA Title III applies to businesses and organizations that are considered places of public accommodation. This includes most private companies that provide goods or services directly to customers.
Businesses covered by Title III typically include retailers, restaurants, hotels, healthcare providers, banks, gyms, entertainment venues, professional services firms, and many other customer-facing organizations.
ADA Title II vs. ADA Title III: How do the two compare?
ADA Title II and Title III both focus on preventing disability discrimination, but they apply to different types of organizations. The table below explains how the two compare.
| Feature | ADA Title II | ADA Title III |
|---|---|---|
| Who it applies to | State and local government entities | Private businesses and organizations serving the public |
| Main purpose | Ensures people with disabilities have equal access to government services and programs | Ensures people with disabilities have equal access to goods, services, and facilities |
| Organizations covered | Government agencies, public transportation systems, and public entities | Businesses, nonprofits, and private organizations considered places of public accommodation |
| Examples | City websites, public schools, government offices | Retail websites, hotels, restaurants, healthcare websites |
| Enforcement | Department of Justice and federal agencies | Department of Justice and private lawsuits |
| Digital accessibility | Applies to government digital services and communications | Applies to many business websites, apps, and online services |
Does ADA Title III apply to company websites and digital content?
Yes, the Department of Justice (DOJ) views websites and digital content provided by businesses covered under ADA Title III to be places of public accommodation. This means companies must ensure their websites, mobile apps, and online services are accessible to people with disabilities.
While the ADA does not specifically name a required technical standard, businesses often use WCAG (Web Content Accessibility Guidelines) for guidance to help them meet accessibility expectations and reduce compliance risks. WCAG 2.2 Level AA is widely regarded as the gold standard for ADA Title III compliance.
What are the common ADA Title III website accessibility issues?
Many accessibility problems are not immediately obvious unless a site is tested using accessibility tools and reviewed from the perspective of someone using assistive technology. Some of the most common ADA Title III website accessibility problems include:
- Missing alternative text for images: Images without descriptive alt text cannot be understood by users who rely on screen readers.
- Poor keyboard navigation: Some visitors can’t use a mouse and need to navigate websites entirely through a keyboard.
- Low color contrast: Text that does not contrast clearly against the background can be difficult for users with visual impairments to read.
- Missing captions and transcripts: Videos without captions may be hard for people who are deaf or hard of hearing to understand.
- Inaccessible forms: Forms without proper labels, instructions, or error messages can prevent users from submitting information.
- Unclear website structure: Incorrect heading structures and confusing navigation can make pages difficult to understand.
- PDF and document accessibility problems: Documents uploaded to websites may contain barriers, such as missing tags or unreadable formatting.
How to achieve Title III ADA compliance
Achieving ADA Title III compliance begins with identifying accessibility issues and taking the most practical steps to address them. Businesses should regularly review their websites, train their teams, and make ongoing improvements to create a more accessible online experience.
Audit your website for compliance issues
The first step toward ADA Title III compliance is identifying where accessibility barriers exist. A website accessibility audit can highlight issues that may prevent people with diverse needs from accessing content, navigating pages, completing forms, or using online services.
An automated accessibility audit is usually the best way to start, as it will immediately identify the most important issues. However, manual tests also play a significant role, helping you detect issues an automated tool could miss.
Implement fixes across your digital landscape
After identifying accessibility issues, businesses will then need to make the necessary changes across their website and wider digital platforms. If you use a tool like an accessibility checker, you won’t need to be a coding genius, as code-ready suggestions are provided in an easy-to-understand format.
Accessibility improvements should be applied across all digital touchpoints, including websites, mobile applications, customer portals, and online tools.
Publish an accessibility statement
An accessibility statement provides users with clear information about a business’s commitment to digital accessibility. It should explain the accessibility standards the organisation aims to follow, outline any known limitations, and provide contact details for reporting accessibility issues. This gives users a clear way to report accessibility issues and allows businesses to respond to feedback.
Train your team on accessibility best practices for ADA
Achieving ADA Title III compliance may require involvement from multiple people across the business, not just developers or technical specialists. Employees who create content, manage websites, design digital experiences, or communicate with customers should understand accessibility basics at the very least.
Training can also help teams create accessible documents, write clearer content, use appropriate image descriptions, consider accessible design choices, and identify potential barriers before they reach customers.
Monitor accessibility continuously for your website
Website accessibility needs ongoing attention because digital content changes regularly. New pages, updates, images, documents, plugins, and website features can introduce accessibility problems after an initial audit has been completed.
Continuous monitoring helps businesses identify new issues quickly and maintain a more accessible website. Using an automated accessibility monitoring tool can help detect common issues, while regular manual testing provides valuable insight into how people actually experience your website.
How is Title III of the ADA enforced?
ADA Title III is enforced by the Department of Justice and through private lawsuits brought by individuals or advocacy groups. If a business fails to provide equal access to its goods, services, or facilities, it may face legal action requiring it to address accessibility barriers.
The DOJ has the authority to:
- Investigate complaints
- Conduct compliance reviews
- Negotiate settlements
- File lawsuits
- Seek civil penalties
Many Title III cases begin with a demand letter, which outlines alleged accessibility issues and asks the business to resolve them before legal proceedings can begin. Addressing these issues early can help businesses avoid lengthy legal disputes and allows them to address issues before legal costs and remediation work become more expensive.
What are the risks of businesses ignoring ADA compliance requirements?
It’s not wise to ignore your ADA Title III compliance requirements as a private business. Here’s why:
The cost of legal action
Ignoring ADA Title III compliance can become expensive if your business becomes involved in accessibility disputes. You may face legal representation costs, website remediation expenses, settlement costs, and the internal time required to resolve complaints.
Making accessibility improvements as soon as possible after receiving a legal complaint can also be more costly than identifying and fixing issues proactively.
Reputational damage
When people encounter barriers that prevent them from accessing products, services, or information, it can create frustration and impact their perception of a company. On the other hand, businesses that take accessibility seriously show customers that they are committed to providing equal access and improving the overall customer experience.
Loss of customers and revenue
An inaccessible website can prevent people from completing important actions that drive revenue, such as making a purchase. By improving accessibility, businesses can make their websites easier to use for a wider audience while removing barriers that may stop customers from engaging with their services.
Final thoughts on ADA Title III compliance
ADA Title III is designed to ensure people with disabilities have equal access to the goods and services businesses provide, both in person and online. By regularly auditing digital experiences, addressing accessibility barriers, training teams, and monitoring for new issues, businesses can work toward Title III compliance while reducing legal risk. And more importantly, they can create inclusive digital experiences that are easier for everyone to use.
ADA Title III Compliance FAQs
Looking for a quick recap? Here are answers to some of the most frequently asked questions on this topic:
Yes, small businesses can still be required to comply with ADA Title III if they operate a place of public accommodation. The obligations depend on the type of business and circumstances, but size alone does not remove accessibility responsibilities.
The ADA does not specifically state that businesses must meet a particular WCAG version. However, WCAG is widely recognized as a leading accessibility framework and is commonly used by organizations working toward ADA website compliance.
Yes, businesses can face legal action if their websites prevent people with disabilities from accessing services or information. Private individuals and advocacy groups have brought ADA Title III lawsuits against organizations with inaccessible websites.