Legal and policy questions in the United States

Summary of Applicable Digital Accessibility Laws Around the World

Americans with Disabilities Act (1990)

Covers:

Title II – State and Local Government Programs

Title III – Public Accommodations (12 categories)

Requires “effective communication” – anything that communicates between a covered entity and the public must be communicated effectively to/from people with disabilities. Covers online communications: websites, mobile apps, games, etc.

Website and mobile app regulations under Title II expected from Department of Justice in Spring 2023.

Enforceable by

Department of Justice
federal agencies
private lawsuits

Examples of enforcement:

U.S. v. CVS Pharmacy, Inc. – Department of Justice settlement requiring CVS to make its online vaccine portal accessible

Robles v. Domino’s Pizza – 9^th Circuit Court of Appeals held that public accommodations such as Domino’s Pizza with physical locations must make their websites and mobile apps accessible. District Court granted summary judgment to Mr. Robles because the Domino’s website was not accessible, and required Domino’s to make its website compliant with WCAG 2.0 and pay Mr. Robles $4,000 in damages. Settlement reached to make mobile app accessible. National Federation of the Blind of Washington v. Boeing Employees Credit Union – settlement to make online and mobile banking accessible to people with vision and print disabilities.

Section 504 of the Rehabilitation Act (1973)

Covers any entity that receives federal funding
Requires “effective communication”
Enforceable by federal agencies and private lawsuits

Examples of enforcement:

Fernandez v. Duke University – lawsuit and settlement under which Duke will retain an expert in providing accessible materials to blind students in higher education and work with the consultant to revise its policies and guidelines regarding materials in alternative format that are intended to provide blind students at Duke with accessible course materials, including textbooks and other instructional materials, in a timely manner prior to use by the instructor in the course.

Section 508 of the Rehabilitation Act (1998)

Covers federal agencies
Requires any technology purchased, developed, or used to be accessible
Requires WCAG 2.0 Level AA compliance

Examples of enforcement:

National Federation of the Blind v. Office of Personnel Management – lawsuit and settlement requiring OPM to make online health benefit information accessible to people with vision and print disabilities.

National Federation of the Blind v. Social Security Administration – lawsuit and settlement to make SSA Visitor Intake Processing kiosks accessible to blind patrons.

21st Century Communications and Video Accessibility Act (2010)

Covers advanced communication services and products and video programming
Requires web browsers to be accessible on mobile devices, hearing aid compatibility, audio description, closed captioning, and accessibility of on-screen menus and guides