The Illinois Information Technology Accessibility Act (IITAA) requires Illinois state agencies and universities to ensure that their websites, information systems, and information technologies are accessible to people with disabilities. Its standards are based on the Section 508 of the Rehabilitation Act of 1973, which incorporate the Web Content Accessibility Guidelines (WCAG) by reference.
If your organization is based in Illinois — or if you operate in Illinois — the IITAA may be applicable to your digital content. Below, we’ll address some common questions about the law.
Remember, under the Americans with Disabilities Act (ADA), most organizations in the U.S. have a legal responsibility to provide accessible digital content. For a comprehensive intro to accessibility laws, read AudioEye’s excellent resource: U.S. Accessibility Laws: What Businesses Should Know.
Why is the Illinois Information Technology Accessibility Act important for digital accessibility?
The IITAA is part of a wave of state laws aimed at establishing clear technical standards for web accessibility. The law clearly specifies types of information technology that must be accessible: websites, software, applications, electronic documents (such as PDFs) and other digital content.
As of June 24, 2024, the IITA requires that agencies meet the Level A/AA standards of WCAG 2.1. That requirement applies to all State of Illinois government entities, including:
- Executive, legislative, and judicial branches.
- Agencies, departments, divisions, etc.
- Constitutional offices.
- Public universities.
Note that the IITA does not apply to local governments, only State of Illinois entities. Its requirements are aligned with Title II of the ADA, which we’ll discuss in a moment.
Related: Do State and Local Websites Have to Be Accessible?
Does the IITAA apply to private businesses?
No, not directly. If your business works with state agencies or universities in Illinois, you may be asked to provide proof of compliance with the IITAA (or with Title II of the ADA).
But while the IITAA doesn’t contain guidance for private organizations, Title III of the ADA applies to all “places of public accommodation.” According to the Justice Department, websites are places of public accommodation — and WCAG is an excellent framework for compliance with the ADA’s Title III.
Related: Is There a Legal Requirement to Implement WCAG?
How is the IITAA different from Section 508 of the Rehabilitation Act?
Section 508 applies to federal agencies, while the IITAA applies to state agencies and universities within Illinois.
The IITAA also has a distinct enforcement mechanism: Alleged compliance issues can be investigated by the Illinois Department of Innovation & Technology (DoIT). Section 508 is enforced by the U.S. Access Board.
Finally, the IITAA includes a detailed set of “Techniques,” based on guidance from the World Wide Web Consortium, which function as practical instructions for implementation.
Related: Senators Push for Section 508 Refresh, New Web Accessibility Standards
How is the IITAA different from Title II of the Americans with Disabilities Act (ADA)?
Until recently, the major difference between the IITAA and Title II of the ADA was the clear technical standards — but in early 2024, the Department of Justice established WCAG 2.1 Level AA as the standards for Title II compliance.
That means that both the ADA and the IITAA require WCAG conformance. For Illinois agencies, that simplifies things a bit; if you fully conform with WCAG Level AA, you’re compliant with both laws.
However, the IITAA still has different enforcement mechanisms than the ADA. Potential ADA compliance issues may be investigated by the Justice Department, and individuals with disabilities can file lawsuits for violations; the IITAA is enforced by the DoIT.
Related: The 5 Most Common Website Accessibility Issues (And How To Fix Them)
What are the penalties for non-compliance with the IITAA?
The law doesn’t define specific financial penalties. However, there are clear mechanisms for enforcement:
- The Illinois DoIT may investigate complaints filed by individuals with disabilities and implement corrective action plans.
- The DoIT can monitor the agency’s progress in implementing the corrective actions.
- Non-compliance with the IITAA could be used as evidence of discrimination in an ADA lawsuit.
Additionally, non-compliance could jeopardize funding from federal agencies.
How can my agency improve digital compliance with the IITAA and other digital accessibility laws?
Simply put, your digital content needs to follow all Level A/AA standards of the latest version of WCAG (currently, WCAG 2.2). All websites, mobile apps, web-delivered documents, and digital kiosks must meet those guidelines — and if you treat accessibility as a priority, this is certainly an achievable goal.
If you’re new to digital accessibility, we recommend starting with the basics:
- Learn about the “POUR" principles. WCAG is based on four concepts: Content must be perceivable, operable, understandable, and robust. Learn how the POUR principles can help you build better content.
- Perform a basic accessibility audit. Automated tools like AudioEye’s Website Accessibility Checker can be used to find common WCAG violations on public-facing websites, providing you with an overview of your current level of conformance.
- Set up a long-term testing strategy. An accessibility partner can help you pair automated testing with manual audits, performed by WCAG experts who have experience with screen readers and other assistive technologies.
- Publish an accessibility statement. The IITAA emphasizes the importance of making accessibility information readily available, and a simple accessibility statement can help you fulfill that requirement. Learn more about accessibility statements.
Whether you’re building an accessibility strategy for a state agency, a private business, or any other type of organization, we’re here to help. Send us a message to connect with an expert.
