US ICT accessibility rules and enforcement

Why it matters

The United States has two main legal pathways to digital accessibility for federal and commercial entities. Section 508 is the federal agency standard with a clear technical reference. Title III ADA applies to the private sector through litigation and enforcement — without, at the time of the BoK, a formal web accessibility standard. Understanding both pathways, and who enforces them, is a core competency for US-based accessibility practitioners. (BoK p. 61)

Section 508 Standards

Section 508 of the Rehabilitation Act of 1973 was originally about preventing discrimination in federally funded programs. Its most significant update — the Section 508 Refresh — took effect in 2018. The refreshed Standards require that ICT developed, procured, maintained, or used by US federal agencies meets specific accessibility requirements. (BoK p. 61)

For web content and electronic documents, the Section 508 Standards incorporate WCAG 2.0 Level AA as the technical baseline. Federal agencies must ensure that their websites, web-based applications, electronic content, and software meet this standard. (BoK p. 61)

ADA Title III and websites

Title III of the ADA requires places of public accommodation — businesses and non-profit organizations open to the public — to remove barriers to access. Courts have extended this requirement to websites and mobile apps operated by covered businesses. However, the BoK notes that at the time of publication, there was no formal ADA web accessibility standard for the private sector. Enforcement was primarily litigation-driven, with the DOJ and private plaintiffs using the lack of WCAG compliance as evidence of discrimination. (BoK p. 61)

Enforcement bodies and mechanisms

DOJ Civil Rights Division: The Department of Justice enforces Title III ADA. It investigates complaints, initiates investigations, and negotiates settlements. A major enforcement tool is the consent decree — a court-supervised settlement in which the defendant agrees to a remediation plan and compliance timeline. (BoK p. 61)

Department of Education Office for Civil Rights (ED OCR): The ED OCR enforces accessibility requirements in educational institutions that receive federal funding — colleges, universities, and K-12 schools. It processes complaints, conducts resolution agreements, and has secured numerous agreements requiring institutions to make their web content and digital resources accessible. (BoK p. 61)

Real-world example

A national university in the United States receives a complaint from a student who is blind that the library’s database search portal is incompatible with screen readers. The student files a complaint with the Department of Education Office for Civil Rights. After an investigation, OCR reaches a resolution agreement with the university requiring it to audit all digital resources, remediate inaccessible content on a fixed timeline, and implement an ongoing accessibility monitoring program. The agreement is structured similarly to a consent decree, creating binding obligations with oversight.