Enacted in 1990, the Americans with Disabilities Act (ADA) is landmark legislation that guarantees individuals with disabilities equal access to websites and digital services across all types of public services and digital platforms.
In close alignment with the Web Content Accessibility Guidelines (WCAG), the ADA is a comprehensive civil rights law that allows qualified individuals with disabilities to have equal access to online services to brick-and-mortar locations. For example, a large retailer could ensure reasonable accommodations via widened entryways or wheelchair ramps. Everyone must comply with ADA rules—from state and local governments to retail stores.
Within a digital environment, web accessibility overlay widgets like Accessibly can improve navigation for those with mobility, visual, cognitive, and hearing challenges (physical or mental impairment) by offering additional site features like alternative text for images and larger cursors.
Ensuring websites are accessible goes beyond convenience, it aligns with ADA requirements and supports equal rights for individuals with disabilities in the digital sphere. The ADA protects qualified individuals, requiring businesses to implement accessible design to accommodate users with mobility, visual, cognitive, and hearing challenges.
Tools like Accessibly assist in maintaining compliance by enhancing site navigation, reducing the risk of a first violation, and meeting guidelines set by the Equal Employment Opportunity Commission. Providing ADA information and integrating accessibility features help create a more inclusive online experience for all users.
The ADA is also supported by the Department of Justice, which enforces compliance towards any business organization that fails to adhere. Consequences of violations may include lawsuits by advocacy groups, reputational harm, and settlements.
Keep reading to learn more about the ADA, including common ADA violations, associated fines and penalties, and how Accessibly can help mitigate risk and ensure compliance for your website or mobile app
Common ADA Violations
Here are some examples of common ADA violations:
Lack of Wheelchair Access
Businesses often do an inadequate job of providing accessible parking spaces and wheelchair ramps for individuals with disabilities to enter and exit safely. Narrow entryways and aisles may make it difficult for those with mobility impairments to use the restroom, interact with fellow patrons, climb stairs, and more.
Inaccessible Websites
According to WebAIM, over 96% of the world’s top one million web pages are inaccessible, meaning they do not meet WCAG guidelines. These websites and mobile applications miss many accessibility standards, such as alternative text for images, screen reader compatibility, color contrast options for dyslexic users, and more. This makes it difficult for disabled individuals to effectively use all of a website’s features.
Lack of Assistive Technology
In the physical world, many businesses fail to provide assistive devices that allow individuals with disabilities to better interact with their environment, e.g., sign language interpretation and assistive listening devices. For example, movie theaters that do not provide captioning devices for the hard of hearing and legally deaf can face serious legal consequences.
Overall, lack of wheelchair access, non-accessible websites, and assistive technology are only three of dozens of ADA violations.
Detailed Examples of ADA Violation Cases
Over the past decade, there has been no shortage of accessibility/ADA-related lawsuits by the disabled community against everyone from Fortune 500 companies to small businesses.
For example, in 2024, MedStar Health, Inc. saw a $440,000 judgment by a patient with mental and cognitive disabilities claiming lack of access to needed healthcare services. Besides the $440,000 penalty, MedStar promised to conduct ongoing staff training and other ADA compliance initiatives as part of the settlement.
Another example is National Federation of the Blind v. Target Corp., where plaintiffs claimed that the Target website was not accessible to visually impaired users. After much deliberation, a $6 million settlement was reached, highlighting the issue of digital accessibility and the need to avoid causing ADA-related and federal website accessibility lawsuits.
Consider the New York-based business Katz Deli, which paid a fine for ADA violations due to inaccessible entrances to the restaurant and poorly configured restrooms for the mobility impaired.
A second impact of ADA non-compliance is reputational damage. One perfect example is a December 2024 settlement by Advanced Dermatology against an HIV patient who alleged discrimination after being refused a scheduled procedure, which easily reverberated with the larger HIV community. There was also a civil penalty of $15,000 assessed, citing Title III of the ADA.
Financial penalties, legal costs, and reputational damage are just a few examples of the consequences businesses face for not complying with the ADA.
Fines and Penalties Associated With ADA Violations
According to ADA requirements, first-time violators may see a maximum civil penalty of $75,000, with a subsequent violation reaching up to $150,000 (active as of April 28, 2014).
For workplace-related violations, the Equal Employment Opportunity Commission also enforces fines for smaller penalties with subsequent penalties seeing up to $1,000 per violation. No wonder why it’s so important to stay updated on ADA regulations and mitigate legal risk.
Steps Businesses Can Take to Avoid ADA Penalties
Here are some simple steps businesses can take to avoid ADA penalties, divided into physical (brick-and-mortar) locations, digital websites, and mobile applications.
Physical Locations/Commercial Facilities
Whether it’s your local grocery store or a student dormitory, Americans With Disabilities Act guidelines call for accommodations for individuals with disabilities, such as accessible entrances/exits, ADA-compliant restrooms, properly allocated parking spaces, and assistive technologies like Braille signage for the visually impaired, following all local building codes.
Accessible entrances can mean any number of enhancements and reasonable modifications, such as ramps and automatic doors, which allow wheelchair users to enjoy the same access as non-disabled individuals. Likewise, the ADA requires compliant restrooms equipped with grab bars and height requirements for wheelchair-bound users.
With physical locations, it’s all about designating the correct number of accommodations. For example, based on square footage, a facility may require several accessible parking spots with clearly designated signage.
Let’s not forget about ongoing training for employees and staff on assisting individuals with disabilities. This training could include any number of protocols, such as communication best practices or ways to help.
Digital Spaces
In the digital world, conducting an accessibility audit is one way to avoid ADA violation fines imposed. We recommend employing manual and automated testing tools to quickly scan websites and return problematic areas.
For example, automated testing tools/accessibility tools like WAVE and Axe are good at pointing out accessibility-related errors with your website, such as missing text for images, poor screen reader compatibility, lack of color contrast between text and background colors, and more.
Luckily, one of the best ways to adhere to ADA accessibility guidelines is to use accessibility overlay widgets like Accessibly. Easily hard code it to your website or use it as part of a native integration (e.g., Shopify or WordPress), completely transforming how cognitively, visually, and deaf/hard-of-hearing individuals interact with your website through features like text resizing and similar auxiliary aids.
In short, ADA compliance isn’t just a way for businesses to not pay compensatory damages and maintain ADA compliance It’s also a way to allow individuals with disabilities to enjoy full and equal participation across digital and physical spaces, helping promote trust, enhance reputation, and improve employee morale.
How Accessibly Can Help Mitigate Risk and Ensure Compliance
One of our favorite ways to mitigate risk regarding ADA compliance/accessibility issues is to use a website accessibility widget.
Accessibly, one of the most well-known accessibility overlays, allows businesses and organizations to increase compliance with ADA regulations by overlaying accessibility-friendly features on top of websites and mobile applications, allowing individuals with visual, cognitive, mobility, and hearing-related impairments to better interact with digital spaces.
Hardcode a small piece of code on your website and instantly access key features such as additional reading lines, larger cursors, text-to-speech functionality, keyboard navigation, and dozens of other minor enhancements that completely transform the way individuals with disabilities add items to shopping carts, browse restaurant menus, digest PDF files, and much more.
Plus, all users can access a free 7-day trial with all features. Adding it to your website, from sign-up to the final page, only takes a few minutes.
Download the Accessibly app today to start meeting ADA standards to avoid all of the legal risks and potential penalties associated with failing to meet ADA guidelines, creating a more inclusive environment for all.
