What is the ADA? Titles I, II and III explained

In brief

The Americans with Disabilities Act (ADA) is a U.S. federal civil rights law. It prohibits discrimination against people with disabilities. For websites and mobile apps, two parts matter most: Title II, which covers state and local governments, and Title III, which covers businesses open to the public.

Which title applies to you decides what you are expected to do online, so start by working out where your organization sits.

The three titles that matter online

• Title I, employment: covers employers, employment agencies, labor organizations and joint labor-management committees. An employer is a person with 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year.
• Title II, public services: covers "public entities": state and local governments, their departments and agencies, the National Railroad Passenger Corporation and commuter authorities. A qualified person with a disability may not be excluded from participating in, or denied the benefits of, a public entity's services, programs or activities.
• Title III, public accommodations: covers private entities that qualify as public accommodations. The statute lists categories such as hotels, restaurants and bars, theaters, retail and rental establishments, service establishments (banks, pharmacies, health care providers' offices), museums, private schools and gyms.

The statute text is on ADA.gov. This checklist concentrates on Titles II and III because that is where websites and apps come up.

How this applies online

The Department of Justice's position is that the ADA's requirements apply to all the services, programs and activities of state and local governments, and to all the goods, services, privileges and activities offered by public accommodations, including when they are offered online.

For state and local governments there is now a specific rule with a technical standard. See the Title II web rule. For businesses there is no such regulation. See Title III and websites.

Related laws

Other laws can apply to the same organization. Health care organizations that receive HHS funding, for example, are covered by a separate Section 504 rule. See Section 504 and the HHS rule.

What to do

• Decide whether you are a public entity (Title II), a business open to the public (Title III), an employer (Title I), or more than one.
• If you are a public entity, read the Title II web rule and note your compliance date.
• If you are a business, read the DOJ web guidance and look at your top customer journeys first.
• Check whether other rules apply, such as Section 504 for HHS funding recipients.

Common mistakes

• Assuming the ADA applies only to buildings. It also applies to what is offered online.
• Treating "ADA compliance" as one checklist for everyone. Public entities and businesses are treated differently.
• Assuming a rule for public entities also sets a technical standard for private businesses.

Sources

• Americans with Disabilities Act, statute text (ADA.gov), opens in a new tab
• Guidance on Web Accessibility and the ADA (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.