As the digital world expands, ensuring accessibility is crucial for inclusive web design and development. Three key regulations that guide web accessibility in the United States are the Americans with Disabilities Act (ADA), Section 508 of the Rehabilitation Act, and the Web Content Accessibility Guidelines (WCAG). Each of these serves a unique purpose, and understanding the differences is critical for businesses. It will help them to ensure compliance and provide an accessible experience for all users.
What is ADA?
The Americans with Disabilities Act (ADA) was signed into law in 1990. Initially, the law focused on physical spaces to prevent discrimination against people with disabilities. However, with the rise of digital spaces, courts have interpreted the ADA to also apply to websites and digital applications, especially under Title III of the ADA.
Scope and Purpose of ADA
ADA’s goal is to ensure equal access to public spaces—both physical and digital. Under Title III, businesses (such as retailers, hotels, restaurants, and more) must ensure their websites and digital platforms are accessible to people with disabilities. Although the ADA does not specify technical requirements for web accessibility, it is often interpreted that businesses should follow WCAG standards to ensure compliance.
Compliance and Penalties
While the ADA does not explicitly define web accessibility standards, failing to make digital content accessible can lead to lawsuits. Thousands of ADA-related web accessibility lawsuits have been filed, costing businesses significant fines and legal fees. Compliance with WCAG standards is often seen as a way to meet ADA requirements. Some businesses rely on accessibility overlays to mitigate legal risks but in recent times, there have been a significant 60% rise in lawsuits against businesses using overlays.
Moreover, businesses that invest in accessibility efforts can benefit from ADA Tax Credits that they can avail under the act.
What is Section 508?
Section 508 is part of the Rehabilitation Act of 1973, amended in 1998 to specifically address the accessibility of electronic and information technology for federal agencies. Section 508 requires federal government websites, tools, and technology to be accessible to people with disabilities.
Scope and Purpose of Section 508
Section 508 applies directly to federal agencies and contractors that do business with federal agencies. It ensures that all digital tools, software, websites, and any information technology created, maintained, or used by the federal government are accessible. Private companies that are not doing business with federal agencies are not directly required to comply with Section 508, but contractors or third-party providers working with the government must adhere to these standards.
Section 508 was updated to align closely with WCAG 2.0, making its requirements more specific and enforceable. The updates have expanded the scope of Section 508 to cover software, apps, and multimedia content, ensuring a wider range of accessibility compliance.
Compliance and Penalties
Compliance with Section 508 is mandatory for all U.S. federal government agencies and their contractors. Non-compliance can result in federal agencies being sued, and agencies must take corrective measures to address accessibility barriers. Since Section 508 aligns with WCAG 2.0, following these guidelines helps ensure compliance.
What is WCAG?
The Web Content Accessibility Guidelines (WCAG) are a set of internationally recognized guidelines that provide a technical standard for making web content more accessible to individuals with disabilities. WCAG was developed by the World Wide Web Consortium (W3C) and its Web Accessibility Initiative (WAI).
Scope and Purpose of WCAG
Unlike ADA and Section 508, which are laws, WCAG is a set of guidelines used globally to create accessible web content. It is used as a reference to ensure compliance with various accessibility laws, including ADA and Section 508.
WCAG defines four key principles for web accessibility:
- Perceivable: Information must be presented in ways that users can perceive, such as through text alternatives for non-text content (e.g., alt text for images).
- Operable: The interface must be operable, such as through keyboard accessibility for individuals who cannot use a mouse.
- Understandable: Information must be presented in a way that users can understand, including consistent navigation and clear instructions.
- Robust: Content must be robust enough to be interpreted by a wide variety of assistive technologies, ensuring future accessibility.
WCAG is currently in version 2.2, and many countries, including the U.S. and EU, align their legal requirements with WCAG 2.0 or WCAG 2.1.
Compliance and Penalties
WCAG is not a law but serves as a guideline for web developers, designers, and organizations to follow when creating accessible content. WCAG compliance is often used as a legal benchmark to defend against accessibility lawsuits and is directly referenced in laws like Section 508 and the European Accessibility Act (EAA).
Key Differences Between ADA, Section 508, and WCAG
| Feature | ADA | Section 508 | WCAG |
| Nature | U.S. civil rights law | U.S. federal law | International guidelines |
| Applicability | Private businesses, public spaces, websites | Federal agencies and contractors | All organizations globally that aim for web accessibility |
| Compliance Focus | Websites and digital spaces often uses WCAG as a guide | Federal government websites, tools, and apps, aligned with WCAG | Provides specific guidelines to ensure web accessibility |
| Penalties for Non-Compliance | Lawsuits and fines | Legal consequences for federal agencies and contractors | No direct penalties, but used as a compliance measure in various laws |
| Reference to WCAG | No direct reference but often aligns with WCAG | Follows WCAG 2.0 standards | Source of web accessibility standards |
How ADA, Section 508, and WCAG Work Together
Although these three standards are distinct, they work together to create a comprehensive framework for web accessibility.
- ADA enforces accessibility in public and digital spaces, with WCAG often used as a reference for compliance.
- Section 508 mandates accessibility for federal agencies and their contractors, directly aligning with WCAG standards.
- WCAG provides the technical specifications that both ADA and Section 508 often rely on to ensure web content is accessible.
Following WCAG 2.1 and 2.2 guidelines ensures that businesses and federal agencies comply with both ADA and Section 508, while also meeting international best practices for accessibility.
Want to take a step towards accessibility?
Understanding the differences between ADA, Section 508, and WCAG is essential for businesses and organizations that want to ensure their digital platforms are inclusive and legally compliant. By adhering to WCAG standards, companies can avoid lawsuits, provide better user experiences, and meet the requirements of both ADA and Section 508.
If your business is struggling to meet accessibility standards or wants to ensure compliance, Pivotal Accessibility can help. We specialize in providing end-to-end accessibility solutions that align with ADA, Section 508, and WCAG guidelines. Contact us today to make your website accessible to everyone.