By William Miller, Attorney at law
The Americans with Disabilities Act (ADA) became law in 1990, but as technology advances, the ADA and other non discrimination laws designed to protect people with disabilities have evolved to address issues that were not foreseen when they were first implemented. As digital technologies are increasingly used as portals to goods and services, they can also present new barriers to access for many people who are elderly or disabled. Legal requirements have adapted, requiring governmental entities, public schools, federal contractors, federally funded programs, and businesses to take steps to make programs and services accessible in this new digital landscape.
Under various non-discrimination laws aimed at protecting people with disabilities, failing to provide programs and services in a manner that is accessible to people with disabilities is prohibited, subject to limited exceptions that are not the focus of this article. Just as a courtroom that is only accessible by a staircase is not accessible to a person who must use a wheelchair for mobility, there are design elements used in the construction of websites, social media platforms, and other forms of information technology (IT) that can create barriers for people who rely on assistive technologies.
For example, a person who is blind may use screen reader software installed on a computer to read internet or social media content aloud. A website that is full of graphics but does not include textual information to provide context may be inaccessible to someone who relies on screen reader technology.
Several laws seek to ensure that programs and services are accessible to people with disabilities, including the ADA, Section 504 of the Rehabilitation Act, the Individuals with Disabilities Education Act (IDEA), and the North Carolina Persons with Disabilities Protection Act. These laws require covered entities to follow design standards intended to facilitate access. The requirements extend to the purchase, development, and use of digital technologies such as websites, social media platforms, mobile applications, computer kiosks, and educational content management systems.
To help make digital technologies accessible, the Web Content Accessibility Guidelines (WCAG) provide widely accepted technical design standards. There are several versions of WCAG and different levels of accessibility it measures. In 2024, the U.S. Department of Justice finalized a rule incorporating WCAG 2.1 Level AA as the legal accessibility standard for state and local governments under Title II of the ADA.
Read more about it here: https://www.ada.gov/resources/2024-03-08-web-rule/
Title II of the ADA prohibits discrimination against people with disabilities by state and local government entities. This includes departments, agencies, and special-purpose districts such as public schools, police departments, courts, libraries, public transit authorities, and public hospitals.
Large public entities serving populations of 50,000 or more must comply by April 24, 2026, while smaller entities serving fewer than 50,000 people have until April 26, 2027 to meet the new requirements.
The North Carolina Persons with Disabilities Protection Act is closely aligned with ADA Title II requirements and provides a remedy in North Carolina state courts for claims of discrimination within its jurisdiction.
Like the ADA, Section 504 of the Rehabilitation Act and the Individuals with Disabilities Education Act (IDEA) also require compliance with WCAG 2.1 Level AA standards. Section 504 applies to programs that receive federal funding, including public school districts, state education agencies, public hospitals and nursing homes receiving funding from the U.S. Department of Health and Human Services, private schools and universities receiving U.S. Department of Education funds, private nonprofits receiving federal grants, and private employers or contractors performing federally funded programs.
IDEA contains similar expectations. Under IDEA, schools must provide a Free Appropriate Public Education (FAPE) to students with disabilities. When digital platforms used for instruction contain accessibility barriers, they may prevent students from receiving equal access to educational resources. Although IDEA does not explicitly reference WCAG in its statutory language, the standards are often implemented through its interaction with other federal laws such as the ADA and Section 504.
IDEA applies to public K–12 school districts and post-secondary institutions such as community colleges and state universities. Implementation timelines generally require larger entities to comply by May 2026, while smaller entities must comply by May 2027.
Title III of the ADA does not formally adopt WCAG within its regulations, but the standards remain highly relevant to entities covered by the law. Title III applies to public accommodations, including hotels, restaurants, theaters, retail stores, banks, hospitals, private schools, and recreational facilities.
Under Title III, businesses must provide auxiliary aids and services to ensure effective communication with people with disabilities so that they have a full and equal opportunity to enjoy goods and services offered to the public. Courts frequently rely on WCAG standards as a “de facto” benchmark when evaluating whether a website or digital service provides accessible communication.
More information about WCAG standards can be found at: https://www.w3.org/WAI/standards-guidelines/wcag/
William T. (“Will”) Miller is an attorney with Brinkley Walser Stoner, PLLC, and is available to provide more information about laws requiring access to digital technologies. He has more than twenty years of experience testing websites and other information technology products for usability and legal compliance.
Will has navigated life, work, and education with a visual impairment since the age of twenty-three and uses screen reader software to access email, the internet, and other digital programs. His professional and personal experiences give him a unique perspective when advising organizations about the legal implications of the Web Content Accessibility Guidelines (WCAG).
He is available to evaluate websites, social media platforms, and other digital communications to identify accessibility barriers that may place organizations out of compliance with state and federal law.