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Legal Compliance for Websites: A Guide to Accessibility
Legal compliance for websites is a key step toward building a welcoming digital space.

When you create a website, you want as many people as possible to enjoy it. This goal includes users with disabilities who may rely on assistive technology.

This guide will explain the main laws and guidelines that affect website accessibility. It will also share tips on how to keep your site compliant. By the end, you will have a better grasp of how to protect your business and create a better online experience.

Why Accessibility Matters

Accessibility is about making sure that all users, including those with disabilities, can interact with your website. People have different needs. Some use screen readers to hear text read aloud, while others navigate websites by keyboard or voice commands.

When your website is accessible, you open your doors to a bigger audience. You also reduce legal risks. Many businesses have faced lawsuits for failing to meet these standards. A commitment to legal compliance and accessibility can improve customer trust and brand image.

Major Accessibility Laws in the United States

1. Americans with Disabilities Act (ADA)

The ADA is a civil rights law that bans discrimination based on disability in many areas of public life. Though it does not mention websites directly, courts often view online spaces as public places. This means that business websites need to be usable by people with disabilities.

A growing number of lawsuits focus on ADA website violations.

Businesses in retail, hospitality, and beyond have faced legal action. By prioritizing legal compliance and following accepted guidelines, you can lower this risk and help more people access your site’s content.

2. Section 508 of the Rehabilitation Act

Section 508 applies to federal agencies and other organizations that receive federal funding. It requires that electronic and information technology, including websites, be accessible. This standard guides agencies on what to do, and it also helps private businesses learn from these rules.

If you work with government agencies, Section 508 legal compliance might be required in your contracts. This can impact design choices and the tools you use to develop your website.

International Regulations

You may operate in more than one country, or you might have users from around the world. Different regions have their own accessibility laws. A few common examples include:
- European Accessibility Act (EAA): Covers digital products and services in the European Union.
- Accessibility for Ontarians with Disabilities Act (AODA): Requires organizations in Ontario, Canada, to meet set standards.
- Australian DDA (Disability Discrimination Act): Digital accessibility is included in its guidelines.
These laws share a common goal: allowing all people, regardless of ability, to take part in online activities.

Consequences of Non-Compliance

Failure to follow these standards can lead to serious problems for your business.
1. Legal Risks: Lawsuits can be expensive. Defending even one lawsuit can cost tens of thousands of dollars or more, depending on the complexity of the claims.
2. Reputational Damage: People may avoid businesses that do not serve all users equally. This can lead to negative press or social media criticism.
3. Lost Opportunities: Many potential customers have disabilities. If they cannot use your website, they will go elsewhere.
WCAG includes different levels of compliance: A, AA, and AAA. Many legal compliance guidelines suggest aiming for WCAG 2.1 Level AA. This level covers the most common issues without being too restrictive for most businesses.

The Role of WCAG in Accessibility

The Web Content Accessibility Guidelines (WCAG), created by the World Wide Web Consortium (W3C), are the most widely accepted standards for web accessibility. They are built around four main ideas:
1. Perceivable: Users must be able to see or hear your content in some form. This includes captions for videos and text alternatives for images.
2. Operable: Your site’s features must be usable by different input methods, such as a keyboard.
3. Understandable: Both the content and design should be clear.
4. Robust: The site should work well with various assistive technologies, like screen readers.
WCAG includes different levels of compliance: A, AA, and AAA. Many legal guidelines suggest aiming for WCAG 2.1 Level AA. This level covers the most common issues without being too restrictive for most businesses.

Best Practices to Maintain Legal Compliance

Run an Accessibility Audit

Start by checking the current state of your website. Several free and paid tools can evaluate your site’s accessibility. Examples include:
- WAVE: Highlights problem areas on your pages.
- Google Lighthouse: Checks performance and accessibility within Google Chrome.
Automated scans are helpful, but combine them with real user tests if possible.

Fix Common Barriers

After your audit, address any problem areas. Common fixes include:
- Adding alt text to images.
- Correcting color contrast so the text is easier to read.
- Ensuring forms and buttons are usable by keyboard navigation.
If your videos or audio files do not have captions or transcripts, add them.

Train Your Team

Everyone who posts content or updates your website should know basic accessibility practices. Teach them how to add alt text, format headings correctly, and keep color contrast in mind. Regular training prevents future mistakes that can harm accessibility.

Adopt a Clear Design and Layout

Use consistent headings, simple menus, and clear labels on your forms. This supports users who rely on screen readers or have cognitive challenges. It also creates a more pleasant experience for all users.

Review and Update Regularly

Websites change over time. New pages, features, or media can create fresh challenges. Perform routine reviews to catch any new issues. Keep track of updates to WCAG or other legal compliance guidelines.

Practical Tools to Assist with Accessibility
- Screen Readers (NVDA, JAWS): Let you hear how your site sounds to a user with visual impairments.
- Color Contrast Checkers (WebAIM): Show you if your text and background colors meet recommended contrast levels.
- Keyboard Testing: Move through your site using only a keyboard. Watch for traps or areas where you cannot reach buttons and links.
These tools help you spot issues quickly. They also help you confirm that your fixes are working as expected.

Additional Resources

If you need more guidance, look into these sources:
- WebAIM (Web Accessibility in Mind): Provides tutorials and articles on creating inclusive websites.
- The A11Y Project: A community-driven site with accessibility resources, tips, and tools.
- W3C Web Accessibility Initiative (WAI): The official home of WCAG, plus other technical resources.
Learning about accessibility is an ongoing process. Changes in technology and updates to the law mean there is always more to discover.

Moving Forward with an Inclusive Approach

Making your website accessible isn’t just about legal compliance—it’s about creating a space where everyone feels welcome. By keeping accessibility in mind, you’re not just protecting your business; you’re also showing your customers that you value their experience and needs.

Accessibility doesn’t have to be overwhelming. Start with small, intentional steps to improve your site and keep building from there. If you’re unsure where to start or want guidance, let us help. Schedule an ADA briefing with 216digital and get practical advice tailored to your business. Together, we can make your website an inclusive and inviting space for all users.
Greg McNeil

January 22, 2025

Legal Compliance

Accessibility, ADA, EAA, Legal compliance, Section 508, WCAG, WCAG Compliance
Is ADA Compliance the Same as 508 Compliance?
If you’ve worked on a website or digital content, you know accessibility isn’t just important—it’s essential. But here’s a common question that trips up even seasoned professionals: Are ADA compliance and Section 508 compliance the same thing? While they may seem similar at first glance—both aim to make digital experiences accessible—their differences are crucial, and misunderstanding them could mean focusing on the wrong standards for your audience or business.

In this article, we’ll unpack the distinctions and overlaps between ADA and Section 508 compliance. By the end, you’ll not only understand what sets them apart but also how to use this knowledge to make your website truly accessible.

What is ADA Compliance?

ADA stands for the Americans with Disabilities Act, a landmark law passed in 1990 to ensure that people with disabilities have the same rights and opportunities as everyone else. The ADA covers a wide range of accessibility issues, from physical spaces (like ramps and elevators in buildings) to digital spaces (like websites and online services). In the context of websites, ADA compliance means making sure your website is accessible to people with disabilities.

For websites, ADA compliance means ensuring accessibility for people with disabilities. This includes making your site usable for:
- Visually impaired individuals using screen readers.
- Deaf or hard-of-hearing users who rely on captions or transcripts.
- People with motor disabilities who may use keyboards or alternative input devices instead of a mouse.
While the ADA itself doesn’t give specific rules for websites, it requires businesses to ensure that their digital services are accessible. This is where guidelines like the Web Content Accessibility Guidelines (WCAG) come into play. The WCAG provides a set of standards for making websites accessible to everyone, including people with various disabilities.

What is Section 508 Compliance?

Section 508 is part of the Rehabilitation Act of 1973, a law designed to improve access for people with disabilities, especially in the workplace and in government. Section 508 specifically focuses on ensuring that federal agencies and contractors make their electronic and information technology (EIT) accessible. This includes websites, software, videos, and other forms of digital content used by government employees and the public.

Section 508 compliance is more specific than ADA compliance because it lays out detailed technical standards for web accessibility. Unlike the ADA, which applies to all public and private entities, Section 508 is focused specifically on federal government entities and those that do business with the government.

The Key Differences Between ADA and Section 508 Compliance

Now that we have a basic understanding of both standards let’s take a look at some of the key differences:

Scope of Applicability

ADA compliance applies to all businesses, government entities, and organizations that provide public services, including websites, regardless of whether they are working with the federal government.

On the other hand, Section 508 only applies to federal agencies, federal contractors, and any organizations or companies that receive federal funding or contracts. In other words, Section 508 is more narrow in scope than ADA compliance.

Specificity of Standards

ADA compliance serves as a general guideline rather than providing specific technical or legal instructions for web accessibility. Its primary focus is on the principle of accessibility, encouraging the design of websites that are usable by individuals with a variety of disabilities. By prioritizing inclusivity, ADA compliance aims to ensure that everyone can effectively access online content. ADA compliance often refers to the WCAG guidelines for web content accessibility.

Section 508 compliance is more prescriptive, offering clear technical guidelines for web accessibility. These standards focus on things like screen reader compatibility, color contrast, keyboard navigation, and other specific details.

Enforcement

ADA compliance can be enforced through private lawsuits, meaning that individuals with disabilities or advocacy groups can take legal action if a website is not accessible. This has led to a number of high-profile lawsuits in recent years, where businesses were sued for failing to make their websites accessible.

Section 508 compliance is enforced primarily through audits and inspections conducted by the federal government. If a government agency or contractor is found to be non-compliant, they could lose funding and contracts or be excluded from future government work.

Similarities Between ADA and Section 508 Compliance

Even though there are some important differences, both ADA compliance and Section 508 compliance share several key similarities:

The Goal of Accessibility

Both ADA and Section 508 aim to make the digital world more accessible to people with disabilities. This means ensuring that websites, online services, and content are usable by people who have visual, auditory, cognitive, or motor impairments.

Use of WCAG Guidelines

Both ADA and Section 508 compliance often refer to WCAG as a standard for making websites accessible. While Section 508 has its own set of technical requirements, these overlap with many of the WCAG principles. So, if you’re working on a website, it’s helpful to familiarize yourself with WCAG standards, whether you are concerned with ADA or Section 508 compliance.

Testing for Accessibility

Both ADA and Section 508 compliance require you to test your website for accessibility. This can include using screen readers, testing keyboard navigation, checking for proper color contrast, and making sure your site works with assistive technologies like voice recognition software.

Practical Tips for Testing Your Website for Accessibility

Whether you’re aiming to meet ADA or Section 508 compliance, here are some practical steps you can take to test and improve the accessibility of your website:

Use Automated Tools

There are a number of tools that can help you check for accessibility issues, like WAVE or Lighthouse. These tools scan your site for common accessibility issues like missing alt text for images, poor color contrast, and improper heading structure. While automated tools are helpful, they shouldn’t be your only testing method.

Manual Testing

Automated tools can catch some issues, but manual testing is also essential. This might include navigating your site with a keyboard (without using a mouse) or testing your site with a screen reader like NVDA or VoiceOver to see how it works for visually impaired users.

Get Feedback from Users

If possible, have people with disabilities test your site. Getting feedback from real users is one of the best ways to identify issues you might not have thought of. You can reach out to local accessibility organizations or use user testing platforms to gather feedback.

Review Your Content

Make sure your website’s content is accessible, too. This means providing text alternatives for images, videos with captions, or transcripts and using simple, easy-to-read language.

Which Should You Focus On?

Understanding the distinctions between ADA and Section 508 compliance is critical for creating an inclusive, accessible website that meets legal standards. If you’re a business owner, ADA compliance should be your primary concern. Federal contractors and agencies, on the other hand, must adhere to Section 508 requirements.

The good news? Improving accessibility benefits everyone—not just your users, but your organization too.

Navigating these regulations can feel daunting, but you don’t have to go it alone. At 216digital, we specialize in tailored accessibility solutions to help you meet both ADA and Section 508 standards. From comprehensive audits to ongoing monitoring, we’re here to guide you every step of the way.

Ready to make your website accessible to everyone? Schedule an ADA briefing with 216digital and take the first step toward compliance and inclusivity.
Greg McNeil

November 19, 2024

Legal Compliance

Accessibility, ADA, ADA Compliance, Section 508, Web Accessibility
Senators Push for Section 508 Update
In recent news, U.S. senators have advocated for an update to Section 508, a vital law ensuring federal websites and digital resources are accessible to all individuals, particularly those with disabilities. But why does this matter to you as a website owner, developer, or content creator? Let’s break down what Section 508 is, why web ADA compliance matters, and how an update could reshape the digital accessibility landscape.

What is Section 508?

Section 508, part of the Rehabilitation Act of 1973, is a law focused on barriers for people with disabilities. In 1998, when the internet became crucial in everyday life, Section 508 was updated to require federal government entities to make their digital services accessible to people with disabilities. Section 508 guides everything from websites and apps to PDFs and videos.

At its core, Section 508 ensures that government websites and digital content are navigable and usable for individuals with disabilities. Some examples of accessibility improvements are implementing features like screen readers for visually impaired users, captioning for those with hearing impairments, or ensuring that people with motor disabilities can navigate websites using only a keyboard.

Check out our article “A Closer Look at Section 508” for more info on Section 508.

What is Web ADA Compliance?

While Section 508 applies specifically to federal agencies, it overlaps with the Americans with Disabilities Act (ADA), particularly when it comes to website accessibility. The ADA, enacted in 1990, requires public accommodations (including businesses and organizations) to be accessible to people with disabilities. Although the ADA doesn’t mention websites, courts have increasingly interpreted its provisions to apply to the digital world.

Now, let’s introduce web ADA compliance. Website owners, especially businesses, are increasingly expected to ensure their digital spaces are as accessible as their physical ones. Some examples of accessibility improvements include ensuring websites meet specific standards, such as providing text descriptions for images (alt text), creating keyboard-friendly navigation, and ensuring that users can zoom in on text without losing content functionality.

If your website isn’t compliant, you may be at risk of legal action, not to mention alienating potential customers or clients who are unable to access your site.

Why the Push for an Update to Section 508?

The internet and technology have evolved significantly since 1998, and while Section 508 has received updates over the years, many argue that it still falls short when ensuring comprehensive digital accessibility. A U.S. Government Accountability Office report found that 48% of federal websites still fail to meet basic accessibility standards.

This failure highlights the growing need for more robust, precise guidelines reflecting the rapidly changing digital landscape. U.S. Senators Bob Casey (D-PA), Chairman of the U.S. Senate Special Committee on Aging, Ron Wyden (D-OR), Chairman of the U.S. Senate Finance Committee, John Fetterman (D-PA), and Tammy Duckworth (D-IL) are advocating for an update to Section 508. They are pushing for modernized standards that consider the latest web technologies and accessibility tools in the Section 508 Refresh Act.

For example, the original guidelines didn’t account for mobile devices or advanced multimedia content, now everyday parts of online experiences. By updating Section 508, the government hopes to set a more potent example for digital accessibility that private sector websites can follow.

Section 508 Refresh Act Proposed Updates

The Section 508 Refresh Act will bring much-needed updates to the law. Here’s what the bill will do:
- Involve People with Disabilities: Federal departments and agencies will now have to include people with disabilities—both as users of government services and information, and as government employees—in the process of acquiring and testing federal technology for accessibility.
- Improve the Complaint Process: The act will reform how complaints under Section 508 are handled and set up a new process for deciding which federal technology gets purchased, with strict accountability to ensure the technology is accessible.
- Require Regular Testing: Federal departments and agencies will need to regularly test their technology to make sure it’s accessible to both federal workers and all Americans who use federal programs and information.
- Appoint Compliance Officers: Each federal department and agency will be required to have qualified, dedicated Section 508 compliance officers to ensure the technology they buy and use is accessible.
How Does Section 508 Affect Your Website?

Although Section 508 primarily applies to federal agencies, its standards can serve as a guideline for businesses and organizations striving to meet web ADA compliance. Here’s how the push for a Section 508 update could affect website owners like you:

Rising Accessibility Expectations

The conversation around digital accessibility is growing, and consumers are becoming more educated about their rights. A more substantial Section 508 could raise the bar for accessibility standards, creating a ripple effect in the private sector. While your business may not be legally bound by Section 508, failing to meet modern accessibility standards can cause a loss of revenue and costly legal engagements.

Avoiding Legal Risks

Over the past few years, ADA-related website lawsuits have increased. Big and small businesses have received expensive lawsuits for not providing accessible websites. An update to Section 508 could bring more attention to web ADA compliance, meaning your business might face heightened scrutiny. To protect yourself, it’s a good idea to stay ahead of any legal requirements by ensuring your website is accessible to all. 216digital offers complimentary ADA risk assessments.

Improving Usability for All Users

Let’s face it: accessibility isn’t just about meeting legal standards. It’s about making your website better for everyone. When your website is accessible, it’s easier to navigate, more user-friendly, and more likely to attract a wider audience. An update to Section 508 could bring more explicit guidelines and tools that can help website owners like you make necessary improvements to usability.

What Does Digital Accessibility Look Like?

Now that you understand why the push for a Section 508 update is essential let’s dive into what digital accessibility looks like. Ensuring your website is accessible means implementing changes that benefit users with disabilities, including those who are blind, deaf, or have mobility impairments. However, these changes often improve the experience for all users.

Here are a few key accessibility features to consider for your website:

Alt Text for Images

People using screen readers rely on descriptive text for images to understand the content on the page. Someone visually impaired would only know what the image is about with alt text. Adding alt text for images isn’t just a best practice for accessibility—it’s also good for SEO, helping your images rank better in search engines.

Keyboard Navigation

Not all users can use a mouse. Many people with mobility impairments rely on keyboard navigation to move through websites. Testing for keyboard navigability (with features like tabbing and clear focus indicators) is critical for accessibility.

Captioning for Videos

People who are deaf or hard of hearing rely on captions to understand video content. Providing captions for all videos on your site is a must for web ADA compliance. Fortunately, many video platforms, like YouTube, offer automated captioning services that you can edit to improve accuracy.

Text Resizing

For users with low vision, being able to zoom in on text is essential. Test your site by zooming pages to 200% and ensure your content adjusts accordingly without breaking the layout. Text resizing is especially important for mobile users who often zoom in to read content on small screens.

Readable Fonts and Colors

Some users need help with reading specific fonts or color combinations. Use simple, easy-to-read fonts and ensure adequate contrast between text and background colors. Contrast improvements will help users with vision impairments and make your website more accessible to read for everyone.

What Can You Do as a Website Owner?

With all this in mind, what steps can you take to ensure your website meets digital accessibility standards and remains web ADA compliant?

Run an Accessibility Audit

Several online tools, such as 216digital’s Accessibility Radar, can help you identify accessibility issues on your website. By running an audit, you’ll see where your site falls short and what areas need improvement.

Learn About WCAG

The Web Content Accessibility Guidelines (WCAG) is the gold standard for digital accessibility. Familiarizing yourself with WCAG 2.2, the latest version, can be a guideline for site improvements. These guidelines cover everything from text alternatives for non-text content to ensuring your site is compatible with assistive technologies.

Work with an Accessibility Expert

If you’re unsure how to start or need help making significant changes, consider hiring an accessibility experts like 216digital. They can help ensure your website meets Section 508 and web ADA compliance standards, reducing your risk of legal issues and improving your overall user experience.

Regularly Update Your Site

Web accessibility requires ongoing maintenance. As your site grows and changes, continually check for accessibility issues. Whether adding new content, launching a redesign, or building new features, accessibility should always be a priority.

Stay Ahead of the Game

With senators pushing for an update to Section 508, there’s never been a better time to focus on digital accessibility. Not only will improving your website’s accessibility help you avoid legal risks, but it will also create a better experience for all users. Staying on top of accessibility trends and best practices is essential for any website owner, developer, or content creator. So take the time now to ensure your site is accessible—it’s not just the right thing to do; it’s good business.

Schedule a complimentary ADA Strategy Briefing to talk with one of our accessibility experts and take the next step with confidence into web accessibility.
Greg McNeil

August 28, 2024

Legal Compliance

digital accessibility, Section 508, Web Accessibility, web compliance, Website Accessibility

Legal Compliance for Websites: A Guide to Accessibility

Why Accessibility Matters

Major Accessibility Laws in the United States

1. Americans with Disabilities Act (ADA)

2. Section 508 of the Rehabilitation Act

International Regulations

Consequences of Non-Compliance

The Role of WCAG in Accessibility

Best Practices to Maintain Legal Compliance

Run an Accessibility Audit

Fix Common Barriers

Train Your Team

Adopt a Clear Design and Layout

Review and Update Regularly

Practical Tools to Assist with Accessibility

Additional Resources

Moving Forward with an Inclusive Approach

Is ADA Compliance the Same as 508 Compliance?

What is ADA Compliance?

What is Section 508 Compliance?

The Key Differences Between ADA and Section 508 Compliance

Scope of Applicability

Specificity of Standards

Enforcement

Similarities Between ADA and Section 508 Compliance

The Goal of Accessibility

Use of WCAG Guidelines

Testing for Accessibility

Practical Tips for Testing Your Website for Accessibility

Use Automated Tools

Manual Testing

Get Feedback from Users

Review Your Content

Which Should You Focus On?

Senators Push for Section 508 Update

What is Section 508?

What is Web ADA Compliance?

Why the Push for an Update to Section 508?

Section 508 Refresh Act Proposed Updates

How Does Section 508 Affect Your Website?

Rising Accessibility Expectations

Avoiding Legal Risks

Improving Usability for All Users

What Does Digital Accessibility Look Like?

Alt Text for Images

Keyboard Navigation

Captioning for Videos

Text Resizing

Readable Fonts and Colors

What Can You Do as a Website Owner?

Run an Accessibility Audit

Learn About WCAG

Work with an Accessibility Expert

Regularly Update Your Site

Stay Ahead of the Game