Businesses and public institutions operating online face increasing legal exposure related to digital accessibility. Many organizations are unaware that government websites and most websites offering goods or services to the public are required to meet accessibility standards, and that failure to do so can result in costly litigation.

While Government Websites Must Meet Web Content Accessibility Guidelines (WCAG) Standards, Private Businesses Are Also Required to Provide Accessible Websites

This legal landscape has created significant risk for small businesses. Thousands of ADA website accessibility lawsuits are filed each year, and the number continues to rise. Legal analyses show that a small number of law firms file a disproportionate share of these cases, with some reporting that a single attorney or firm accounts for the majority of filings in certain states.

Historically, high-profile cases have targeted large corporations such as Target, Netflix, and major universities. However, legal experts warn that small businesses are increasingly being targeted as more attorneys recognize the opportunity to file accessibility claims. For many small businesses, even a single lawsuit can be financially devastating.

Businesses Are Liable—Not Website Builders

A critical and often misunderstood aspect of the law is that website builders and software vendors are not required to provide accessible tools, yet business owners remain legally responsible for ensuring their websites comply with accessibility requirements.
This means that even if a business uses a popular website platform or template, it can still be sued if the resulting website is not accessible.

The Role and Limitations of Accessibility Plugins

Accessibility overlay tools such as plugins available for WordPress and other platforms, can help identify accessibility issues and provide user-facing adjustments. However, the DOJ has stated that automated tools and overlays alone cannot guarantee ADA compliance. True accessibility may require addressing underlying code, design, and content barriers—not just adding a widget.

What WCAG Compliance Involves

WCAG guidelines evaluate a wide range of accessibility factors, including:

• Text size and spacing
• Color contrast
• Keyboard navigation
• Screen reader compatibility
• Logical page structure
• Alt text for images
• Video captions

While accessibility widgets can assist users, they do not replace the need for proper development practices.

For more information, check out the references below and SCORE’s free, on-demand webinar:  Making Your Website More Accessible | SCORE

References

1. U.S. Department of Justice. Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities, Final Rule (2024).
2. U.S. Access Board. Section 508 Standards and Guidelines.
3. Americans with Disabilities Act of 1990, Title II and Title III, 42 U.S.C. §§ 12131–12189.
4. U.S. Department of Justice. ADA Requirements: Effective Communication.
5. Web Content Accessibility Guidelines (WCAG) 2.0 and 2.1, World Wide Web Consortium (W3C).
6. Seyfarth Shaw LLP. ADA Title III Website Accessibility Lawsuit Recap (annual reports).
7. National Law Review. Website Accessibility Litigation Trends and Analysis.
8. National Federation of the Blind v. Target Corp., 452 F. Supp. 2d 946 (N.D. Cal. 2006).
9. National Association of the Deaf v. Netflix, Inc., 869 F. Supp. 2d 196 (D. Mass. 2012).
10. U.S. Department of Justice. Guidance on Web Accessibility and the ADA (2022).