ADA Title II Web Accessibility Rule: What Businesses Need to Know

In April 2024, the Department of Justice published a final rule under ADA Title II requiring state and local government entities to make their web content and mobile applications accessible. The rule establishes WCAG 2.1 Level AA as the technical standard.

The compliance deadlines are staggered by entity size. Large entities (populations of 50,000 or more) must comply by April 2026. Smaller entities have until April 2027. These deadlines apply to all web content and mobile apps used by the public to access government services.

While Title II directly applies only to state and local government, the rule has significant implications for the private sector. It represents the first time the DOJ has formally codified WCAG as the accessibility standard under the ADA, strengthening the legal framework that courts use when evaluating private-sector accessibility cases under Title III.

Government contractors and vendors are directly affected. If you build or maintain websites for state or local government clients, those sites must meet WCAG 2.1 Level AA. Contracts may now include explicit accessibility requirements, and non-compliance could result in contract termination.

The rule includes limited exceptions: content archived before the compliance date (if not used for current services), preexisting conventional electronic documents (with conditions), and content posted by third parties (unless the entity uses it for official purposes).

Private businesses should treat this rule as a strong signal of regulatory direction. The DOJ has indicated that a separate Title III rulemaking for private businesses is under consideration. Proactively adopting WCAG 2.1 Level AA now positions your business ahead of likely future requirements.