In April 2024, the Department of Justice issued a press release announcing the final rule that updates Title II of the ADA. This rule clarifies the standards for making websites, web content, and mobile apps accessible. While the announcement was met with light fanfare, its significance is already impacting the digital marketplace.
Since the mid-2010s, website accessibility has been a source of serial litigation, steadily introducing the concept of ADA compliance for websites into the private marketplace. However, without a formal precedent, digital accessibility had not become a prominent talking point in day-to-day procurement discussions, despite ongoing lawsuits.
With the new ADA Title II web accessibility rule now in effect and compliance deadlines looming for larger state and local governments, momentum for digital accessibility is building.
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Private entities continue to battle against website accessibility litigation brought under claims of violating ADA Title III as well as state laws in California and New York. Colorado's public sector is grappling with pressure from its own digital accessibility law, HB 21-1110. Additionally, the Department of Health and Human Services (HHS) has followed the new Title II rule with updates to Section 504 regulations to mirror the Title II rule.
The European Accessibility Act (EAA) also has major implications, with an impending compliance deadline of June 28, 2025.
Kris Rivenburgh, founder of Accessible.org, emphasized the proliferation of digital accessibility demands in the marketplace. He stated, “Digital accessibility is already big, but it’s about to become colossal. WCAG 2.1 AA conformance will become a non-negotiable in contracts and the demand for VPATs/ACRs will surge.”
Although Accessible.org is a service provider, Rivenburgh encourages organizations to develop internal accessibility expertise to deal with increased demand.
He added, “Although most companies need to outsource initially, the sure path to accessible products, services, and digital products is through training. This way, you decrease your costs through education. The good news is accessibility isn’t as difficult to learn as many people initially think.”
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