Web accessibility lawsuits have grown exponentially over the past decade. In 2023 alone, over 4,000 ADA-related website lawsuits were filed. Understanding your obligations isn't just good ethics—it's good business.
The Legal Landscape
Americans with Disabilities Act (ADA)
The ADA prohibits discrimination against people with disabilities in places of "public accommodation." Courts have increasingly interpreted this to include websites, especially for businesses with physical locations.
DOJ Final Rule (2024)
The Department of Justice issued a final rule in 2024 explicitly requiring state and local governments to make their websites accessible. While this specifically applies to government entities, it signals the direction of enforcement and sets WCAG 2.1 AA as the technical standard.
Who Needs to Comply?
If your business:
- Has a physical location open to the public
- Offers goods or services online
- Receives federal funding
- Is a government entity
...you likely have accessibility obligations.
The Cost of Non-Compliance
Lawsuits
The average settlement for a web accessibility lawsuit is $20,000-$100,000, not including legal fees. Serial plaintiffs and law firms actively target non-compliant sites.
Demand Letters
Many businesses receive demand letters threatening litigation unless they pay damages and fix their sites.
Steps to Compliance
1. Audit Your Current Site
Understand where you stand. Use tools like SiteDNA to scan your site and identify accessibility issues.
2. Create a Remediation Plan
Document your plan to fix issues. Courts look favorably on businesses making good-faith efforts toward compliance.
3. Fix Critical Issues First
Prioritize issues that completely block access: missing form labels, keyboard traps, missing alt text.
4. Establish Ongoing Processes
Accessibility isn't a one-time project. Implement testing in your development process and regular automated scans.
5. Publish an Accessibility Statement
Include your commitment to accessibility, the standards you're working toward, and contact information for accessibility issues.
Protecting Your Business
The best protection is proactive compliance. Start with an accessibility audit, create a remediation plan, and make steady progress. Document everything—courts look favorably on good-faith efforts.
SiteDNA can help you identify issues, prioritize fixes, and track your progress toward WCAG compliance. Start with a free scan today.