Digital accessibility is no longer optional—it’s a legal necessity. With lawsuits on the rise and regulations evolving, businesses of all sizes need to take the time to learn more about website accessibility.
The Chamber of Commerce has warned businesses about the costly consequences of ignoring the importance of inclusive online experiences. Colleges and universities collectively have millions of pages to revise to in order to comply, and Harvard and MIT were forced to improve video captioning for their online courses. You might remember high-profile lawsuits involving Amazon and Domino’s that eventually reached the Supreme Court.
Even global superstars aren’t immune; Beyoncé’s company, Parkwood Entertainment, was sued in 2019 when visually impaired users couldn’t access her official website to purchase concert tickets.
With more than 14,000 web accessibility lawsuits filed between 2017 and 2022, the trend is clear: organizations that neglect digital accessibility face significant financial risk and damage to their reputation.
Making your website accessible is also the right thing to do, and opening your website’s doors to more potential customers makes it a smart business decision.
What Is Website Accessibility? Why Does It Matter?
Website accessibility means designing websites so people with disabilities can perceive, understand, navigate, and interact with online content.
Ensuring accessibility for potential website audiences isn’t just about meeting legal requirements—it’s about creating an inclusive environment that acknowledges and serves everyone. Compliance with the ADA and global regulations is essential, but so is recognizing the impact on the 61 million Americans with disabilities who benefit from these efforts.
Beyond the numbers, prioritizing accessibility demonstrates a brand’s genuine commitment to inclusivity, building trust and broader engagement.
Recent Legal Developments
Expectations involving digital accessibility have significantly changed. In April 2024, the Department of Justice published a final rule for Title II, establishing specific requirements for government websites.
Meanwhile, courts continue to interpret Title III as requiring commercial website accessibility. The European Accessibility Act takes effect in June 2025, creating global implications similar to GDPR.
Current Guidelines to Follow
While WCAG 2.1 Level AA remains acceptable, WCAG 2.2 (December 2024) is now the most current standard. WCAG 2.2 adds nine new criteria focused on cognitive disabilities, low vision, and mobile accessibility. Following WCAG 2.2 now would be one way to try and future-proof your website ahead of changing regulations.
Legal Risks of Non-Compliance
The consequences of maintaining an inaccessible website are severe. Web accessibility lawsuits rose 42% in 2023, a trend that continued through 2024.
Small businesses aren’t exempt, as 77% of ADA lawsuits in 2024 targeted companies with under $25 million in revenue. Even websites using accessibility overlays aren’t protected; 25% of lawsuits explicitly cited these widgets as barriers rather than solutions.
Testing Your Website for Compliance
Several tools can help evaluate your website’s accessibility:
- WAVE Web Accessibility Evaluation Tool identifies accessibility errors while facilitating human evaluation.
- Lighthouse in Google Chrome Developer Tools performs automated WCAG audits.
- Color Contrast Analyzer helps ensure text visibility for users with vision impairments.
However, automated tools catch only 30% of WCAG issues. Manual testing by qualified professionals is essential.
Essential Compliance Elements
Here is a list of just some of the key elements for compliance:
- Alternative text for images
- Keyboard accessibility for all functionality
- Logical heading structure (H1, H2, H3)
- Sufficient color contrast (4.5:1 for normal text)
- Text that can be resized 200% without losing functionality
- Proper form labels and instructions
- Accurate captions for video content
- Visible focus indicators (minimum 3:1 contrast ratio)
Implementation Timeline
The time to make your website accessible is now. For government entities, compliance deadlines are April 2026 (2027 for smaller entities). Businesses serving European customers must comply with the EAA by June 2025. Even without applicable deadlines, courts consistently rule that websites must be accessible under the ADA, making immediate action prudent.
Common Pitfalls to Avoid
- Relying on accessibility overlays (implicated in 25% of 2024 lawsuits)
- Using automated testing exclusively
- Treating accessibility as a one-time project
- Neglecting mobile accessibility
- Overlooking document accessibility (PDFs, etc.)
Helpful Resources
Conclusion: Website Accessibility Benefits Everyone
Website accessibility expands your audience, shields you from litigation, polishes your reputation, and fulfills the web’s underlying promise of universal access. By implementing accessibility best practices, you create a more inclusive digital experience while protecting your organization from increasing legal risks.
Wondering if your website needs professional accessibility expertise? Ask yourself these questions:
- Is this the first time you’ve ever thought about web accessibility?
- Does “WCAG” sound like the name of a droid in Star Wars, rather than a web standard?
- Is your idea of “keyboard navigation” limited to frantically hitting Tab when your mouse stops working?
- Is your current accessibility plan “I hope nobody sues us”?
- Have you said “Our website looks fine to me” when accessibility concerns have been raised?
- Would you rather have a root canal than figure out how to manually audit your entire website for accessibility barriers?
If you answered “yes” to any of these questions, it’s time to bring in the professionals. Our team can make your website more inclusive.
