Website accessibility can be hard to wrap your head around. There are different rules for different groups; many laws are unclear about specific rules; and the law that affects the most organizations in America was passed before the modern web even existed, and doesn’t mention websites at all.
However, businesses, non-profits, and government organizations in the United States risk lawsuits, fines, or funding losses if accessibility isn´t managed on their websites. Four different groups have distinctly different requirements based on the laws/rules that they are subject to:
1. General commercial and nonprofit organizations
The primary law that this group is subject to is the Americans with Disabilities Act (ADA), Title III.
No formal technical standard has been codified yet for Title III, but courts consistently apply WCAG 2.1 AA as the benchmark in litigation. Enforcement is driven by complaints and lawsuits, not regulatory audits or enforcement. In certain states, there are more specific laws that also require this group of organizations to conform to the WCAG 2.1 AA.
2. Organizations receiving federal funding
Section 504 of the Rehabilitation Act applies to this type of organization.
The specific technical standards and deadlines depend on the federal agency providing the funding, since each agency enforces its own Section 504 regulations. The most developed rule right now is the HHS Section 504 Final Rule (2024), which explicitly requires WCAG 2.1 AA and has deadlines of May 2026 and May 2027, depending on organization size.
The HHS Section 504 Final Rule includes five exceptions to the requirement for accessible content on websites: archived web content, preexisting conventional electronic documents, content posted by a third party, individualized password-protected documents, and preexisting social media posts.
Other agencies are less prescriptive. Importantly, organizations in this category are also still subject to Title III if they qualify as a place of public accommodation, so they face both.
3. State and local government organizations
The Americans with Disabilities Act, Title II, applies to state and local governments.
The DOJ’s 2024 Final Rule explicitly codified WCAG 2.1 AA as the standard, with compliance deadlines currently extended to April 2027 and April 2028, depending on population size (above or below 50,000, respectively).
This rule includes exceptions for most preexisting documents that were in place before the compliance deadline. The exempted documents must not be currently used to apply for, gain access to, or participate in the entity’s programs or activities. Documents that remain actively used for program access must be remediated regardless of their age.
State entities that also receive federal funding are additionally subject to Section 504.
4. Federal government organizations and federal contractors
Section 508 of the Rehabilitation Act applies to this group of organizations.
Federal agencies themselves and what they procure, develop, or use, as well as federal contractors delivering ICT products or services to the government, are all subject to Section 508.
Unlike the other categories, Section 508 doesn´t include a preexisting document exception equivalent to those found in the Title II and HHS Section 504 rules. Section 508 does provide limited exceptions for undue burden and fundamental alteration, but these carry a high bar and require formal documentation by agency leadership.
Regardless of your organization’s group, you cannot ensure your website is accessible without web development experience and a detailed understanding of the WCAG. We recommend seeking out professional advice from a trusted accessibility expert. Click here to read our guide on how to get started, including some common pitfalls to avoid.
