The Web Content Accessibility Guidelines (WCAG) are often referred to as the gold standard in accessibility and they are widely respected as providing the best path to accessibility compliance — but does the law actually require WCAG compliance?
For federal agencies and their contractors, yes, they are required to conform with WCAG 2.0. For private businesses, the answer is more complicated: they're not required by law to comply with any specific standard like WCAG, but their websites do have to be accessible.
Section 508 of the Rehabilitation Act of 1973 was added in 1998 to require federal agencies to make their electronic and information technology (EIT) accessible to people with disabilities, including both employees and members of the public. In 2017, Section 508 was revised with the requirement that by January, 2018, all federal agencies and contractors must, among other revisions, comply with WCAG 2.0 A/AA.
So in the context of federal government agencies, the answer is simple: WCAG is formalized under law as the accessibility standard.
Read: Section 508 Compliance Testing for Websites
The Americans with Disabilities Act (ADA) is the most-cited law in regards to web accessibility compliance. This is because the ADA prohibits discrimination on the basis of disability in places of public accommodation, and websites are increasingly interpreted in legal cases as places of public accommodation. The Department of Justice (DOJ) has reaffirmed that the ADA does apply to websites as well.
So if it's known that websites are places of public accommodation and therefore need to be accessible to people with disabilities, why is there confusion around whether websites have to comply with WCAG?
In short, and as confirmed by the DOJ, the ADA applies to websites and requires that they be accessible. Mostly because of the ADA's origins back in 1990, the law doesn't specify information about websites or a set of technical standards like WCAG. This is largely where the confusion lies, but here's how to interpret it:
In the current climate, websites have to be accessible and it's well-accepted that compliance with WCAG is the best way to achieve that goal. That's why our recommendation is that all businesses that have a publicly-available website test and fix their sites according to WCAG 2.1 specifications.
If you need to know how these laws might apply to your website or you have any questions about how to make your website accessible, please contact us. Or, you can always get started with a free and confidential website accessibility scan.
We look forward to helping you achieve, maintain, and prove digital compliance.