The Americans with Disabilities Act, enacted in 1990, prohibits discrimination against individuals with disabilities in all areas of public life, including businesses open to the public.
While the ADA doesn’t explicitly mention websites, courts have increasingly interpreted Title III to include digital accessibility, particularly for businesses that serve the public.
Equally important is the Rehabilitation Act of 1973, specifically Section 508, which requires federal agencies to make electronic and information technology accessible to people with disabilities. Though Section 508 technically applies to federal entities, it has become the gold standard for web accessibility compliance, influencing how courts interpret ADA requirements for private businesses.
The Web Content Accessibility Guidelines (WCAG) 2.1, referenced by both acts, provide the technical framework that most retailers follow to achieve compliance.
The Department of Justice (DOJ) has made it clear through numerous enforcement actions that businesses must ensure their digital properties are accessible. In recent years, there has been a dramatic increase in ADA-related lawsuits targeting retailers, with many resulting in significant financial settlements and improvements in mandatory accessibility.
