Does my organization need to comply with DOJ Title II of the ADA?

Does my organization need to comply with DOJ Title II ADA?

The Department of Justice (DOJ) finalized a rule under Title II of the Americans with Disabilities Act (ADA) on April 24, 2024, requiring state and local government entities to make their websites and mobile applications accessible. This rule sets government website accessibility requirements and aligns digital experiences with WCAG 2.1 AA compliance. The primary deadline for compliance is April 24, 2027.

What kind of organizations need to comply with Title II?

According to the DOJ Compliance Guide, “state and local entities” must comply.

That includes:

• State and local government offices that provide benefits and/or social services, like food assistance, health insurance, or employment services
• Public schools, community colleges, and public universities
• State and local police departments
• State and local courts
• State and local elections offices
• Public hospitals and public healthcare clinics
• Public parks and recreation programs
• Public libraries
• Public transit agencies

Do nonprofits need to comply with DOJ Title II?

Nonprofit organizations generally do not need to meet the DOJ Title II digital accessibility deadlines (April 2026/2027), as Title II applies to state/local governments. However, nonprofits must comply if they are contracted by a public entity to provide services, or if they fall under ADA Title III as public accommodations.

Nonprofits hired by state/local governments to run programs (e.g., drug treatment, public transport, or web services) must ensure their digital content complies with WCAG 2.1 Level AA.

Most non-religious, private, non-profit organizations that serve the public (e.g., museums, theaters, schools) are considered places of public accommodation under Title III of the ADA. While not covered by the specific Title II April 2026 deadline, they are still obligated to provide accessible services.

I think our organization must comply. What should we do next?

• Get a website accessibility audit.
• Remediate your site and its content (including digital content like PDFs and videos) to meet WCAG 2.1 AA standards.
• Provide web accessibility training for your staff on how to create accessible content.
• Plan to conduct regular monitoring and audits going forward — accessibility is a journey. Consider using an ADA website compliance checklist to track progress and responsibilities.

What is a web accessibility audit?

A website accessibility audit is when trained professionals review your website and its content for situations where the WCAG standard is not being met. They will normally provide a prioritized recommendations list to help you know where to start. They typically review the code, the design, and the content to ensure the WCAG standards of “POUR” are met:

• Perceivable Content: All digital content must be available to everyone, including people using screen readers or other assistive devices. Digital content includes images and alt text, videos (with captions), charts and graphs, infographics, data visualizations, and more.
• Operable Navigation: People must be able to navigate the site using only the keyboard. Many assistive devices are designed so users can avoid having to use a mouse. For example, a person should be able to navigate the site with a screen reader using the tab and return keys.
• Understandable Content: Making content understandable includes both the user interface design and the words used. Content should be straightforward and intuitive in how it’s accessed. That means consistent navigation and use of best practices and common design patterns such as underlined text links. It also means ensuring that PDFs and videos are accessible (including pdf accessibility wcag considerations). Content should be easy to read and understand — avoiding jargon and lingo, and using about a 9th grade reading level (with some exceptions dependent on the audience).
• Robust Compatibility: The entire website and its content should work effectively with a broad range of devices and tools. Different people use different tools. Some people use multiple tools or devices and others just use one. Each person should be able to engage with your site and its content with ease.

How does remediation for web accessibility work?

Website remediation for accessibility begins with the recommendations list from the audit. Trained accessibility experts will make changes to the code, the design, and the content as needed to achieve the required WCAG standard. This process is often referred to as website accessibility remediation. Remediation can be expensive, depending on the state of your current site. Sometimes a complete redesign may be a better option.

Do we need to provide accessibility training?

If you don’t train your staff to create content in an accessible manner, your site will eventually no longer be accessible and you will need to once again get an audit and remediation. By training your staff on things like how to write effective alt text, or how to judge appropriate color contrast, you can keep your site accessible over a longer period of time. Building accessibility into your standard processes is the best approach for maintaining an accessible website.

Even if your staff is trained to create accessible content every time, website technology is always changing and being updated. Accessibility standards also change over time. By conducting a regular accessibility audit (and potential remediation) with professionals, you can better ensure that your site and its content remain accessible to all.

If you need help getting started, you can request a website accessibility audit, web accessibility training, or a review of your ADA website compliance checklist to align with WCAG 2.2 AA compliance and broader government website accessibility requirements.

What happens if we are not compliant with Title II?

If your site fails to comply with Title II you open the door to a number of unpleasant consequences:

• You could lose Federal funding
• You could have to pay hefty fines  — up to $75,000 for a first violation
• You could get sued by the DOJ or by individual citizens
• You may need to hire an attorney and pay legal fees
• It could harm your reputation
• Your audience may be smaller due to people not being able to access your content

Resources

• Americans with Disabilities Act Title II Regulations
• Fact Sheet: New Rule on the Accessibility of Web Content and Mobile Apps Provided by State and Local Governments
• Accessibility and Usability Best Practices (a Wire Media Guide)