Does the ADA Apply to Business Websites? What the DOJ Has Said
Yes, according to the Justice Department: its 2022 guidance says the ADA covers what businesses open to the public offer on the web. What does not exist is a regulation telling businesses which technical standard to meet or by when. That gap is the whole story, and it shapes what a sensible business should do next.
By George Shvaya · · 7 min read
Owners usually ask this question after hearing about the new rule for state and local governments. That rule is real and dated. It does not apply to private businesses. Business websites sit under a different part of the ADA, governed by guidance rather than a technical regulation.
What the DOJ actually said
The Department of Justice published guidance on web accessibility and the ADA on March 18, 2022. Its core sentence for businesses is short: “Title III prohibits discrimination against people with disabilities by businesses open to the public.” It then says the ADA’s requirements apply to all the goods, services, privileges or activities offered by public accommodations, and that this includes what they offer “on the web.”
On how to comply, the guidance names two existing technical standards: the Web Content Accessibility Guidelines (WCAG) and the Section 508 Standards the federal government uses for its own sites. It describes them as providing helpful guidance, and it says businesses “have flexibility in how they comply with the ADA’s general requirements.” Flexibility is not an exemption: the guidance is equally clear that businesses must make their online offerings accessible.
Why there is no technical rule for businesses
There is no DOJ regulation that sets a WCAG version, a conformance level or a deadline for Title III websites. That is the practical difference between a business and a city. The 2022 guidance says itself that it “does not reflect requirements for state and local governments,” which are now covered by a separate, specific rule.
| Who | ADA title | What governs it | Standard | Dates |
|---|---|---|---|---|
| Businesses open to the public | Title III | No technical regulation; DOJ guidance (March 18, 2022) | WCAG or Section 508 named as helpful guidance; flexibility | None set by regulation |
| State and local governments | Title II | 2024 rule, 28 CFR part 35, subpart H | WCAG 2.1 Level AA | April 26, 2027 (50,000+); April 26, 2028 (smaller and special districts) |
For governments, the 2024 Title II rule names WCAG 2.1 Level AA. A Federal Register interim final rule published April 20, 2026 moved the compliance dates to April 26, 2027 for governments serving 50,000 or more people and April 26, 2028 for smaller ones and special districts, without changing the standard. Our guide to the ADA Title II web rule covers it in full.
Why WCAG 2.1 or 2.2 AA is the sensible target anyway
With no business-specific rule, the reasonable reference point is the one the DOJ itself chose for governments: WCAG 2.1 AA. The W3C published WCAG 2.2 on 5 October 2023, adding criteria such as minimum target size and accessible authentication, and removing 4.1.1 Parsing as obsolete. W3C says the 2.0 and 2.1 criteria are essentially the same in 2.2 apart from that removal, so a site built to 2.2 AA meets 2.1 AA as well. The differences are set out in WCAG 2.1 vs 2.2.
The size of the gap is well documented. WebAIM’s 2026 Million report found that 95.9% of the top one million home pages had detected WCAG 2 failures, with an average of 56.1 errors per page. Low contrast text appeared on 83.9% of pages, missing alternative text on 53.1%, missing form labels on 51% and empty links on 46.3%. These are template-level problems with known fixes.
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What a business should do now
Four steps cover most of the distance, in this order:
- Scan your key pages. Run an automated check on the homepage, your main service or product pages and every form. Our free accessibility checker is a starting point. Automated tools find only part of the problem, so treat the result as a floor.
- Fix the templates, not individual pages. Contrast, labels, alt text and link names usually come from a handful of components. Fixing the component fixes every page that uses it. Work through the WCAG 2.2 checklist one criterion at a time.
- Test with a keyboard. Put the mouse away and tab through the page. Every link, button and field should be reachable, visibly focused and usable. This catches problems no scanner reports.
- Publish an accessibility statement with a contact. Say what standard you target, what you know is not yet fixed, and how a person can reach you to get information another way. Our own accessibility statement is an example.
One thing not to do: install a widget and consider the job done. The FTC found that one overlay vendor’s claim that its plug-in could make any website WCAG-compliant was deceptive; the details are in what the FTC found about accessibility overlays.
Frequently asked questions
Does the ADA apply to my business website?
The Justice Department has said it does for businesses open to the public. Its March 18, 2022 guidance says Title III prohibits discrimination by businesses open to the public and that the ADA’s requirements apply to all the goods, services, privileges or activities offered by public accommodations, including those offered on the web.
Is there an official technical standard for business websites under the ADA?
No. There is no DOJ regulation that sets a technical standard for Title III websites. The 2022 guidance names WCAG and the Section 508 Standards as existing technical standards that provide helpful guidance, and says businesses have flexibility in how they comply.
Which WCAG version should a business aim for?
WCAG 2.1 Level AA is the standard the DOJ adopted for state and local governments, and WCAG 2.2 Level AA adds a handful of criteria on top of it. Building to 2.2 AA covers 2.1 AA except for the removed 4.1.1 Parsing criterion, so it is the practical target for a new or rebuilt site.
Does the 2024 Title II rule apply to private businesses?
No. The 2024 rule covers state and local governments under Title II, including content they provide through contractors. The DOJ’s 2022 business guidance says it does not reflect the requirements for state and local governments.
About the work
Webvello is a web development and AI search company founded in 2024, based in Roseville, California, with 50+ projects across 37+ cities. We build accessibility into custom code from the start and run accessibility audits and remediation for existing sites. We test our own site with the same tools we use for clients.
This page is general information, not legal advice. Sources are linked in each section and were checked on October 17, 2026.
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