The Web Content Accessibility Guidelines (WCAG) are the international standard for digital accessibility, and they’re widely considered to be a reasonable standard for compliance with many disability non-discrimination laws — including the Americans with Disabilities Act (ADA).
But the ADA was written long before the internet was a part of daily life, and it doesn’t explicitly mention WCAG (or any other set of technical standards). So, is WCAG actually required by the ADA, or is conformance voluntary?
The answer is slightly complicated. The bottom line is that businesses must follow WCAG Level AA in order to comply with the ADA. However, Title III of the ADA (which applies to private businesses and nonprofits) doesn’t specifically reference WCAG, and that’s unlikely to change in the near future. Here’s why.
Why Title III of the ADA Doesn't Officially Require WCAG
Like most federal laws, the ADA is written to be overarching and adaptable to different types of situations. It lays out an objective (in this case, a more equitable society for people with disabilities) and gives federal agencies the authority to develop and enforce specific regulations.
That’s why the ADA applies to the internet, despite the fact that the ADA was written in 1990. The law discusses “places of public accommodation,” which includes private businesses, non-profits, and — according to the Department of Justice (DOJ) and numerous court rulings — websites.
Why hasn't the DOJ officially recommended WCAG as the standard for ADA Title III compliance?
In 2024, the DOJ published a new rule establishing WCAG 2.1 Level AA as the enforceable standard for Title II compliance. Title II applies to state and local government entities.
Currently, that rule does not apply to Title III, which covers private businesses and nonprofits. There are quite a few bureaucratic reasons for this; for starters, the rulemaking process for civil rights laws is quite extensive, and since any new rules would literally impact every private business in the United States, the Justice Department has political reasons to avoid that step.
Given the scope of Title III, there’s a reasonable argument that only Congress has the authority to establish WCAG as the standard. Unfortunately, attempts at that type of legislation have failed despite bipartisan, bicameral support.
Why WCAG Is Still the Best Tool for ADA Compliance
While the ADA lacks clear technical standards, following WCAG is the best way to comply with the ADA and other laws. That’s not just our opinion — the DOJ’s web guidance recommends testing content against WCAG Level AA, and in cases where the Justice Department sues private businesses for alleged discrimination under the ADA, the settlement agreements almost always mention WCAG.
In other words, there’s a strong legal precedent establishing WCAG as the de facto standard for web accessibility.
There are other excellent reasons to test your website against WCAG:
- WCAG is a reasonable standard. Each requirement is written in clear language, and each requirement is aligned with the best practices of web design — every website should be able to follow WCAG with a bit of work.
- WCAG is the basis for other non-discrimination laws. The European Union Accessibility Act (EAA), Accessibility for Ontarians with Disabilities Act (AODA), and numerous other international laws explicitly require WCAG conformance.
- WCAG is fairly future-proof. The guidelines are based on simple principles, and websites that follow WCAG are well-positioned for compliance with future non-discrimination laws (or changes to existing laws like the ADA).
- Accessible content works better for everyone. We’re focusing quite a bit on compliance, but it’s important to remember that there’s a strong business case for accessibility. Inclusive design helps you reach more users and make a better impression — it can even improve search engine optimization (SEO) efforts.
If you’re ready to see how your site stacks up against WCAG, get started with a free automated website analysis. To start building a strategy for digital compliance, download our free eBook: Essential Guide to ADA Accessibility Compliance for Websites.
