Last updated: October 5, 2026 · 3 min read · By Ali Raza
Under Title III of the ADA, the US Department of Justice says businesses open to the public must make the goods and services they offer on the web accessible to people with disabilities. There is no detailed federal technical rule for private businesses, so WCAG 2.1 or 2.2 Level AA is the practical benchmark. For state and local governments, Title II now has a formal WCAG 2.1 AA rule; in April 2026 the DOJ extended its compliance dates to April 26, 2027 for larger entities and April 26, 2028 for smaller ones.
Website accessibility lawsuits are a regular part of US business life, and many target small and mid-sized companies, especially online stores. The rules can seem confusing because there are two separate parts of the ADA and different standards for different organisations.
This guide explains what applies to a typical US business website in 2026 and what to do about it. It is practical guidance from developers, not legal advice.
ADA and websites at a glance
| Title III: businesses | Title II: state & local government | |
|---|---|---|
| Who | Businesses open to the public (public accommodations) | States, cities, counties, public schools and universities, special districts |
| Technical standard | No detailed rule; WCAG used as guidance | WCAG 2.1 Level AA, by regulation |
| Deadlines | Applies now | April 26, 2027 (50,000+ population) or April 26, 2028 (smaller and special districts), after the April 2026 extension |
| Main risk | Demand letters and lawsuits | Enforcement and complaints |
Does the ADA apply to my business website?
The DOJ’s March 2022 web guidance states that the ADA’s requirements apply to all the goods and services offered by public accommodations, “including those offered on the web.” If customers can buy, book, request quotes or find essential information on your website, assume it should be accessible. Courts have differed on websites of businesses with no physical location, but the safest approach is the same: make the site usable.
Which standard should a business website meet?
The DOJ does not set a detailed technical standard for businesses, but it points to WCAG as helpful guidance. Settlements and court orders commonly refer to WCAG 2.1 AA. Building to WCAG 2.2 AA, the current version, also covers 2.1 AA and is the sensible target for new work. Our WCAG 2.2 AA checklist shows where to start.
What changed for government websites?
In April 2024 the DOJ published a Title II rule requiring state and local government websites and mobile apps to meet WCAG 2.1 AA. On April 20, 2026 it issued an interim final rule moving the compliance dates back by one year: to April 26, 2027 for entities serving 50,000 or more people, and April 26, 2028 for smaller entities and special districts. If you supply websites or software to public bodies, expect accessibility requirements in contracts.
What should a US business do now?
- Audit key pages and journeys (home, services, contact or quote, checkout) against WCAG 2.2 AA.
- Fix high-impact barriers first: contrast, alt text, form labels, keyboard access and focus.
- Publish an accessibility statement with a way to report problems.
- Train content editors so new pages stay accessible.
- Re-test after redesigns and major updates.
Be cautious about widgets that promise instant compliance; our guide to accessibility overlays explains why. If you also serve customers in Canada or Europe, see our guides to AODA and the European Accessibility Act.
Our web accessibility service audits and fixes sites to WCAG 2.2 AA and documents the work for your legal advisers.
Frequently asked questions
Is ADA website compliance required for private businesses?
The DOJ says the ADA applies to goods and services businesses offer on the web, although there is no detailed technical regulation for private businesses. WCAG Level AA is the common benchmark.
What WCAG level is required for ADA compliance?
For state and local governments, the Title II rule requires WCAG 2.1 Level AA. For businesses, WCAG 2.1 or 2.2 AA is the standard most commonly referenced.
When is the ADA Title II website deadline?
After the DOJ's April 2026 extension, April 26, 2027 for entities serving 50,000 or more people and April 26, 2028 for smaller entities and special districts.
Can a small business be sued over its website?
Yes. Website accessibility claims are brought against businesses of all sizes, which is why auditing and fixing key pages is worthwhile.