ADA Title III and websites: what businesses should know

In brief

Title III covers businesses open to the public, such as retailers, banks, hotels, medical offices, restaurants and theaters. The Department of Justice says the ADA's requirements apply to all the goods, services, privileges and activities these businesses offer, including online.

Unlike Title II, there is no DOJ regulation that sets a detailed technical standard for the websites of businesses.

What DOJ says

DOJ's 2022 guidance states that the Department does not have a regulation setting out detailed standards. Businesses have flexibility in how they comply with the ADA's general requirements, but they must still meet them.

The guidance points to existing technical standards, including WCAG and the Section 508 Standards, as helpful guidance on how to make website features accessible. It treats them as references, not as mandatory technical requirements. The guidance is informal technical assistance and is not binding.

Effective communication

The regulation for public accommodations, 28 CFR 36.303, requires appropriate auxiliary aids and services where necessary to ensure effective communication. Aids must be accessible, timely, and protect the privacy and independence of the person. Accessible electronic and information technology is listed there as an example of an auxiliary aid.

The regulation says the ultimate decision on which measure to take rests with the business if the method chosen is effective.

What this means in practice

Because WCAG is a widely used reference, many businesses use WCAG 2.1 Level AA as the target for their sites. Check with a lawyer how that applies to your situation, because there is no single rule for private businesses.

DOJ lists common barriers. See common web barriers.

What to do

• Treat your website as part of the goods and services you offer, and check the main journeys: browsing, buying, booking, contacting support.
• Pick a reference standard and write it down, for example WCAG 2.1 Level AA.
• Give people a way to report problems and ask for help.
• Ask a lawyer how Title III applies to your business.

Common mistakes

• Assuming that without a specific rule there is nothing to do. The general duty still applies.
• Treating the Title II rule as the legal standard for private businesses.
• Relying on one automated scan. DOJ notes that a clean report does not necessarily mean everything is accessible.

Sources

• Guidance on Web Accessibility and the ADA (ADA.gov), opens in a new tab
• 28 CFR 36.303: Auxiliary aids and services (eCFR), opens in a new tab
• Americans with Disabilities Act, statute text (ADA.gov), opens in a new tab

This page is for informational purposes only and is not legal advice. For binding requirements, refer to the official ADA statute and regulations, and ask a lawyer how they apply to you.