Rhinehart Studio

Home › US › Guides

Guide · United States

ADA website accessibility for small businesses: what the rules actually say

There is no DOJ technical standard for private business websites, but the DOJ says the ADA applies to them. Here is what that means in practice, with the official sources.

By Rhinehart Studio · Checked against official sources on 25 October 2026 · General information, not legal advice. For advice on your own situation, talk to a US-licensed attorney.

Does the ADA cover my website?

Title III of the Americans with Disabilities Act covers businesses open to the public. The Department of Justice's guidance says it "has consistently taken the position that the ADA's requirements apply to all the goods, services, privileges, or activities offered by public accommodations, including those offered on the web" (ADA.gov web guidance).

Is there an official standard for private businesses?

Not a binding one. The DOJ's guidance says businesses have flexibility in how they make web content accessible, and points to existing technical standards, including the Web Content Accessibility Guidelines (WCAG), as helpful guidance. In practice WCAG 2.1 Level AA is the benchmark most people use (W3C WCAG 2.1).

What about state and local government?

A separate DOJ rule under Title II adopts WCAG 2.1 AA for state and local governments (ADA.gov fact sheet). An interim final rule published on 20 April 2026 moved the compliance dates to 26 April 2027 for entities serving 50,000 people or more, and 26 April 2028 for smaller ones and special districts (Federal Register). If you sell web, video or design work to public bodies, expect accessibility requirements in their contracts.

Do accessibility overlays solve it?

Be careful. In April 2025 the FTC finalised an order requiring accessiBe to pay $1 million over claims that its AI widget could make any website WCAG-compliant, and barring such claims without evidence (FTC). Fixing the underlying code and content is the reliable route.

What can a small business do this week?

Run an automated checker as a first pass, then test by hand: tab through your pages with a keyboard, check image alt text, form labels, colour contrast and video captions. Automated tools can only test some requirements (W3C). Publish an accessibility statement with a way for people to report problems, and fix what they report.

Quick checklist

  • Every image that carries meaning has alt text
  • Every form field has a visible label
  • You can reach and use every control with the keyboard alone
  • Text has enough colour contrast
  • Videos have captions
  • You publish an accessibility statement with a contact route
  • No one on your team has promised that a plug-in makes the site "compliant"

FAQ

Is WCAG 2.2 required?

No US rule for private businesses requires a particular WCAG version. The Title II rule for state and local government uses WCAG 2.1 AA. WCAG 2.2 adds a few criteria and is backwards compatible with 2.1.

Can an automated scan prove my site is compliant?

No. Automated tools catch only some issues. Manual testing and testing with assistive technology are needed for a full audit.

Do small businesses get sued?

Businesses of all sizes receive ADA website demand letters. We don’t quote statistics we can’t verify; the practical step is to find and fix barriers.

Official sources

Laws and guidance change. Check the sources above for the latest position. General information, not legal advice. For advice on your own situation, talk to a US-licensed attorney.

More US guides