DOJ's 2024 Web Accessibility Ruling: What Businesses Need to Know

In April 2024, the Department of Justice (DOJ) published a final rule under Title II of the Americans with Disabilities Act, establishing specific technical standards for web and mobile app accessibility. While the rule directly applies to state and local governments, its implications extend far beyond the public sector.

What the Ruling Says

The final rule, published in the Federal Register on April 24, 2024, mandates that state and local government entities ensure their websites and mobile applications are accessible to people with disabilities.

Key Requirements

• Technical Standard: WCAG 2.1 Level AA is now the official benchmark for accessibility compliance
• Scope: Applies to all web content and mobile applications offered by state and local governments
• Timeline: Compliance deadlines range from 2 to 3 years depending on entity size
• Exceptions: Limited exceptions for archived content, third-party content, and conventional electronic documents

Compliance Timeline

The rule establishes different deadlines based on entity population size:

• Large entities (50,000+ population): 2 years from effective date (April 2026)
• Smaller entities (under 50,000): 3 years from effective date (April 2027)
• Special district governments: 2 or 3 years based on population served

Why This Matters for Private Businesses

"But we're not a government entity," you might say. Here's why this ruling still matters to you:

1. It Sets the Standard

For years, courts have grappled with what "accessible" actually means under the ADA. Different courts have reached different conclusions. This ruling ends that ambiguity—at least for government entities.

Private sector lawsuits have increasingly referenced WCAG 2.1 AA as the appropriate standard. Now that the DOJ has officially adopted it for government, courts are more likely to apply the same standard to private businesses under Title III of the ADA.

2. Government Contractors Must Comply

If your business contracts with state or local governments—or hopes to—your digital properties will need to meet WCAG 2.1 AA standards. Government procurement increasingly requires accessibility compliance from vendors.

3. It Signals Regulatory Direction

The DOJ has indicated it may pursue similar rulemaking for private businesses under Title III. This rule is widely seen as a precursor to broader private-sector requirements.

What WCAG 2.1 AA Actually Requires

If you're not familiar with WCAG, here's what Level AA compliance involves:

Perceivable

• Text alternatives for non-text content (images, icons, charts)
• Captions for videos and transcripts for audio
• Content that can be presented in different ways without losing meaning
• Sufficient color contrast (4.5:1 for normal text, 3:1 for large text)
• Text resizable up to 200% without loss of functionality

Operable

• All functionality available via keyboard
• No keyboard traps
• Sufficient time to read and interact with content
• No content that flashes more than 3 times per second
• Skip navigation links and descriptive page titles
• Logical focus order and visible focus indicators

Understandable

• Page language identified in code
• Consistent navigation and identification
• Input error identification and suggestions
• Labels and instructions for user input

Robust

• Valid HTML that assistive technologies can parse
• Proper name, role, and value for all UI components
• Status messages programmatically announced

Notable Exceptions in the Rule

The DOJ rule includes several exceptions worth noting:

Archived Web Content

Content that is:

• Maintained exclusively for research, reference, or recordkeeping
• Not altered after archiving
• Organized and stored in a dedicated archive

This content is exempt, provided the entity makes it available in accessible format upon request.

Third-Party Content

Content posted by third parties (like public comments on a government page) is exempt if:

• Not posted by an agent of the entity
• Not under the entity's editorial control
• There's a process for people to request accessible versions

Preexisting Conventional Electronic Documents

PDFs and other documents created before the compliance date are exempt unless:

• Someone requests an accessible version
• The document relates to applying for, gaining access to, or participating in programs or services

How to Prepare Your Organization

Whether you're a government entity facing compliance deadlines or a private business preparing for the inevitable, here's your action plan:

1. Conduct an Accessibility Audit

Start with a comprehensive audit of your current digital properties. This should include:

• Automated scanning to identify obvious issues
• Manual testing with screen readers and keyboard navigation
• Review of all interactive elements (forms, menus, dynamic content)
• Assessment of documents (PDFs, Office files) linked from your site

2. Prioritize Remediation

Not all issues are equal. Focus first on:

• High-traffic pages and critical user paths
• Issues that block access entirely (keyboard traps, missing labels)
• Content required for essential services

3. Build Accessibility into Process

One-time fixes aren't enough. Establish ongoing practices:

• Train developers, designers, and content creators
• Include accessibility in development and QA checklists
• Test new features before deployment
• Monitor for regressions with regular audits

4. Document Your Efforts

Maintain records of:

• Audit results and remediation progress
• Training provided to staff
• Accessibility policies and procedures
• User feedback and how it was addressed

This documentation demonstrates good faith effort—valuable both legally and operationally.

5. Publish an Accessibility Statement

A public accessibility statement should include:

• Your commitment to accessibility
• The standard you're working toward (WCAG 2.1 AA)
• Known limitations and workarounds
• How users can report issues or request accommodations
• Contact information for accessibility concerns

The Broader Trend

This DOJ ruling is part of a global movement toward digital accessibility requirements:

• European Accessibility Act: EU-wide requirements taking effect in 2025
• Accessible Canada Act: Federal accessibility requirements for Canadian organizations
• Section 508: Long-standing requirements for US federal agencies
• State laws: California, New York, and other states have enacted additional requirements

Organizations operating globally—or planning to—will find that accessibility compliance is increasingly non-negotiable.

"This rule is a critical step forward in ensuring that people with disabilities have equal access to vital government services and programs that are increasingly moving online."

— Assistant Attorney General Kristen Clarke, DOJ Civil Rights Division

What This Means for You

The DOJ's 2024 ruling marks a turning point in web accessibility enforcement. For the first time, we have official federal guidance establishing WCAG 2.1 AA as the legal standard—at least for government entities.

For private businesses, this ruling should serve as a clear signal: the regulatory framework is tightening, courts are increasingly aligned on standards, and the risk of non-compliance continues to grow.

The organizations that act now—auditing their sites, remediating issues, and building accessibility into their processes—will be ahead of the curve. Those that wait may find themselves scrambling to comply under legal pressure, at much higher cost.