A 2024 update to Title II of the Americans with Disabilities Act (ADA) has received little media coverage, but its impact on digital commerce will be enormous. This regulatory update mandates that state and local governments meet WCAG 2.1 AA technical standards to ensure their programs and services are accessible through the web and mobile apps.
Details of the New ADA Title II Update
According to the Accessible.org ADA Title II Web Accessibility Guide, the new rule requires thousands of public entities across the United States to make their websites, web content, documents, and mobile apps conform to WCAG 2.1 AA standards. The guide outlines the requirements, exceptions, deadlines, and who must comply.
WCAG is the acronym for the Web Content Accessibility Guidelines, and version 2.1 AA contains 50 success criteria (i.e., requirements) necessary for conformance.
Impact on Public and Private Sectors
Kris Rivenburgh, founder of Accessible.org and author of The ADA Book, explained that the indirect impact will be substantial:
"This starts with state and local governments, but the cumulative effect is massive. Our vendor clients are already seeing a significant increase in demand for accessibility and ADA compliance, and by 2025, you can expect WCAG 2.1 AA conformance to become a standard contract requirement in both the public and private sectors.”
Digital accessibility demand has been steadily increasing in the private marketplace, and the new ADA Title II web accessibility rule will further heighten procurement requirements. Public entities will now insist that vendors demonstrate their digital products and services meet WCAG 2.1 AA standards.
HHS Aligns with WCAG 2.1 AA
Shortly after the DOJ's incorporation of WCAG 2.1 AA for ADA Title II compliance, the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued an updated rule for Section 504 of the Rehabilitation Act of 1973. This new rule mirrors the digital accessibility portion of the ADA Title II requirements, reinforcing the need for web accessibility across all federally funded programs and activities. The HHS rule exemplifies the far-reaching impact of the Title II update.
Importance of WCAG 2.1 AA Training
Training a digital team on WCAG 2.1 AA is now essential for all types of organizations, both public and private. Public entities need to learn WCAG for compliance, while private entities must train to meet both market demand and legal requirements. Investing in WCAG training can significantly reduce the costs of outsourcing accessibility.
"Initially, most organizations outsource the necessary audit and remediation services, but the good news is that once your team learns WCAG, accessibility can become a part of your development and content creation process, and the cost dwindles," said Rivenburgh.
Accessibility training programs, such as the WCAG Course offered through ADACompliance.net, provide the necessary information, checklists, and supplemental resources for organizations to understand and implement WCAG 2.1 AA standards effectively.
Summary
The ADA Title II update marks a historic moment in digital accessibility. While not the first legislative effort in the United States or internationally, this new rule is expected to cause a seismic shift in the digital marketplace.
Media Contact:
Company Name: The ADA Book
Contact Person: Kris Rivenburgh
Phone: 970-773-9122
Address: 2131 N. Collins, Suite 433
City: Arlington
State: Texas
Postal Code: 76011
Country: United States
Website: https://adabook.com/
