The United States has the highest volume of digital accessibility litigation globally. The DOJ has finalised WCAG 2.1 AA requirements for public entities. Federal procurement requires Section 508 conformance. Legal exposure for private businesses under ADA Title III is active and growing.
Americans with Disabilities Act (ADA) — Titles II & III
Section 508 of the Rehabilitation Act
WCAG 2.1 / 2.2 AA — DOJ Enforcement Standard
DHS Section 508 Trusted Tester Practices
Manual Expert-Led Audits
Legally Defensible Evidence Documentation
The Americans with Disabilities Act (1990) prohibits disability discrimination in places of public accommodation — a standard courts have consistently applied to digital platforms. Section 508 of the Rehabilitation Act governs federal procurement. Together, they create obligations that touch nearly every organisation serving US users or doing business with the federal government.
ADA demand letters and DOJ reviews routinely challenge self-assessments and automated scan reports. Organisations without prior independent audit documentation face significantly higher legal exposure and weaker settlement positions. An independent audit with documented evidence is the only defensible posture.
* Thousands of ADA digital accessibility lawsuits are filed annually. Defendants without audit evidence face substantially worse outcomes.ADA exposure is real and active. An independent audit creates the documented evidence that protects your organisation.
The DOJ's 2024 final rule under Title II explicitly requires WCAG 2.1 Level AA conformance for websites and mobile apps of state and local governments, public universities, transit authorities, and public schools. This is binding law with a clear compliance deadline structure.
Title III applies to places of public accommodation. Courts have broadly extended this to include commercial websites, mobile applications, and digital services. Hotels, retailers, financial services, healthcare platforms, and SaaS companies have all been successfully sued. The DOJ has filed statements of interest in numerous cases supporting this interpretation.
SEBI-regulated? Your next audit cycle may require independent accessibility evidence. Get ahead of it.
Section 508 requires US federal agencies to procure, develop, and use electronic and information technology (EIT) accessible to persons with disabilities. For vendors and technology companies, Section 508 is a procurement gate — without conformance documentation, products cannot be sold to federal agencies.
Federal procurement requires a Voluntary Product Accessibility Template (VPAT) — a structured document showing how a product conforms to Section 508 and WCAG standards. A VPAT completed without independent audit evidence is routinely rejected or challenged. Accord Compliance audits provide the documented foundation for a credible, defensible VPAT.
| Standard | Applies To | Level | Status |
|---|---|---|---|
| WCAG 2.1 AA | ADA Title II (DOJ final rule) | AA | Legally required |
| WCAG 2.1 AA | ADA Title III (de facto standard) | AA | Enforcement standard |
| WCAG 2.0 AA | Section 508 Revised Standards | AA | Legally binding minimum |
| WCAG 2.2 AA | All Accord audits (backward compatible) | AA | Current W3C standard |
ADA litigation is active and growing. An independent audit gives you the documented evidence to respond — or to stay out of the crosshairs entirely.
