The Americans with Disabilities Act (ADA) was instituted by George H.W. Bush on July 26th, 1990. The act is a civil rights law which prohibits discrimination based on disability, protecting Americans with any variety of disability’s employment and access to governmental services, places of public accommodation, and commercial facilities. The ADA, specifically the Title III regulation for Public Accommodations and Commercial Facilities, does not include any legal requirement for website accessibility (governmental websites excluded) just brick and mortar facilities. However, just because the Department of Justice does not have defined legal standards for website accessibility does not mean that websites that pose accessibility challenges will not be presented with lawsuits.
As of 2025, digital accessibility lawsuits continue to rise each year due to increased dependence on websites, online portals, and mobile apps. Businesses across retail, education, hospitality, healthcare, and professional services have all been affected.
Several businesses — such as Avanti Hotel, Winn-Dixie Stores Inc., Domino’s Pizza Inc., and Harvard University — have all been subject to lawsuits regarding their websites’ accessibility. According to research performed by Seyfarth Shaw LLP, a group of attorneys specializing in ADA Title III litigation, there were 576 ADA Title III Website Accessibility Lawsuits in 2018:
https://www.adatitleiii.com/2019/01/number-of-federal-website-accessibility-lawsuits-nearly-triple-exceeding-2250-in-2018/
By 2024–2025, compliance consultants estimate thousands of ADA website-related lawsuits and demand letters annually.
Common Barriers to Websites Being Accessible
Websites that are not proactive in being accessible to all provide significant challenges to a large portion of the population (approx. 27.2% people in the U.S.). With increased digital reliance, modern accessibility barriers include:
- Not supporting assistive technologies, such as screen readers
- Images without alternative text
- Documents in only PDF format
- Videos without captions or transcripts
- Font style or size difficult to read
- Insufficient colour contrast
- Elements that cannot be used via keyboard-only navigation
- Moving content without pause controls
- Cluttered or inconsistent layouts
- And more…
Reasons for Having an Accessible Website
Improved Accessibility Increases Your Website’s Audience
According to a 2014 U.S. Census Bureau report, 85.3 million people (or 27.2%) of people living in the U.S. had a disability: https://www.census.gov/content/dam/Census/library/publications/2018/demo/p70-152.pdf
As more essential services move online, accessible websites allow a much larger share of the population to access information, services, and digital products.
Improved Accessibility Helps Avoid Costly ADA Lawsuits
Website accessibility lawsuits are often more expensive than simply keeping websites compliant. A Los Angeles Times article explained that small businesses like the Avanti Hotel would have spent around $3,000 to improve accessibility, yet damages were expected at $8,000–$13,000 excluding legal fees: https://www.latimes.com/business/la-fi-hotels-ada-compliance-20181111-story.html
By 2025, many ADA settlements exceed $20,000–$50,000 depending on severity.
Improved Accessibility Also Improves Your Website’s SEO Efforts
Search engines index websites similarly to how screen readers interpret content. Adding text alternatives, captions, readable headings, and structured content enhances both accessibility and rankings. Search engines increasingly reward websites that are clear, structured, and user-friendly.
Improved Accessibility Increases Your Website’s Usability
Increasing navigation clarity, readability, and consistency improves usability for all visitors. Accessible websites reduce friction, improve user satisfaction, and help visitors complete actions such as contacting you, purchasing, signing up, or requesting services.
Web Content Accessibility Guidelines (WCAG)
An accessible website, although not required by law (except for governmental websites), still has many benefits for both website owners and users. The World Wide Web Consortium (W3C), through its Web Accessibility Initiative, developed the Web Content Accessibility Guidelines (WCAG). WCAG 2.1 and WCAG 2.2 are widely used in 2025.
The WCAG are broken down into four main categories or principles:
- Perceivable – Information must be presentable in ways users can perceive (alt text, captions, adaptable layouts).
- Operable – Users must be able to navigate and operate your website (keyboard access, pause controls, no seizure-triggering design).
- Understandable – Information must be easy to understand (clear instructions, consistent navigation, readable content).
- Robust – Content must be compatible with assistive technologies and correctly coded.
- Full WCAG 2.1 guidelines can be found at:
https://www.w3.org/TR/WCAG21/
The Business Benefits of Prioritising Accessibility (NEW SECTION)
In 2025, accessibility is a competitive advantage — not just a compliance requirement.
- Strengthens Brand Trust – Customers expect modern websites to be inclusive and easy to use.
- Improves Conversion Rates – Accessible design allows more users to complete actions, increasing leads and sales.
- Supports Mobile Performance – WCAG improvements overlap with mobile UX best practices.
- Future-Proofs Your Website – Clean structure and accessibility-focused coding adapt better to future devices, browsers, and technologies.
- Expands Global Reach – Many countries require stronger digital accessibility standards, so compliance prepares businesses for international customers.
How to Make Your Website More Accessible
Digital accessibility is essential in 2025. It improves usability, reduces legal risk, and strengthens both SEO and customer experience. Tools like Lighthouse can help identify barriers and provide a clear roadmap for improvements:
https://developers.google.com/web/tools/lighthouse/
Some accessibility enhancements — such as writing alt text, improving headings, or clarifying content — are simple. Others, like enabling full keyboard navigation, repairing code structure, or enhancing screen reader compatibility, are best handled by experienced developers.
Websults has more than 17 years of experience in web development and digital marketing. As a 5-star rated agency, Websults has helped hundreds of businesses improve accessibility, performance, and user experience. To request a FREE consultation, visit:
https://www.websults.com/contact-clearwater/
or call (813) 666-4600.
