Is Your Website ADA Compliant? What US Businesses Must Know in 2026
- Kavisha Thakkar
- 5 days ago
- 12 min read
Here's a number that should concern every US business owner: 4,605.
That's how many website accessibility lawsuits were filed in the United States in 2023 alone. And that number has grown every single year since 2017.
The target? Businesses just like yours—with websites that aren't accessible to people with disabilities.
Think this only affects large corporations? Think again.
Small businesses, local restaurants, e-commerce stores, professional services—no business is too small to be sued. In fact, small and mid-size businesses are increasingly targeted because they're less likely to fight back.
The question isn't whether accessibility lawsuits are real. They are. The question is: Is YOUR website ADA compliant?
At Jigsawkraft, we've helped US businesses audit, remediate, and build accessible websites from the ground up. We've seen businesses pay $20,000+ in legal settlements for issues that would have cost $3,000 to fix proactively.
In this guide, we'll cover everything you need to know:
What ADA compliance actually means for websites
The real legal risks you face
Common violations (you probably have some)
How to check and fix your website
What it costs to become compliant
Let's protect your business.
Table of Contents
What Does Website ADA Compliant Actually Mean?
The Americans with Disabilities Act (ADA), passed in 1990, prohibits discrimination against people with disabilities. Originally focused on physical spaces (ramps, accessible bathrooms, etc.), the ADA has been increasingly applied to digital spaces—including websites.
The Core Requirement
Your website must be accessible to people with disabilities, including those who are:
Blind or visually impaired (use screen readers)
Deaf or hard of hearing (need captions)
Motor impaired (can't use a mouse, rely on keyboard)
Cognitively impaired (need clear, simple navigation)
The Standard: WCAG 2.1
While the ADA doesn't specify exact technical requirements, courts and the Department of Justice reference the Web Content Accessibility Guidelines (WCAG) as the standard.
WCAG 2.1 has three levels:
Level | Description | Requirement |
Level A | Minimum accessibility | Basic requirements |
Level AA | Mid-range accessibility | Most common legal standard |
Level AAA | Highest accessibility | Often impractical for all content |
For most US businesses, WCAG 2.1 Level AA is the target. This is what courts typically expect and what most lawsuits reference.
The Four Principles of Accessibility (POUR)
WCAG is built on four principles. Your website must be:
Principle | Meaning | Example |
Perceivable | Users can perceive all content | Images have alt text for screen readers |
Operable | Users can navigate and interact | Site works with keyboard only |
Understandable | Content and navigation are clear | Error messages explain what went wrong |
Robust | Works with assistive technologies | Compatible with screen readers |
The Legal Reality: ADA Website Lawsuits in 2026
Let's talk about what's actually happening in courts.
The Numbers Are Alarming
Year | Federal ADA Website Lawsuits |
2018 | 2,258 |
2019 | 2,256 |
2020 | 3,550 |
2021 | 4,055 |
2022 | 4,061 |
2023 | 4,605 |
2024 | 5,000+ (estimated) |
Source: UsableNet ADA Lawsuit Reports
Who's Getting Sued?
Industries most targeted:
E-commerce / Retail (65%+ of lawsuits)
Food service / Restaurants
Travel and hospitality
Entertainment
Banking and finance
Healthcare
Company sizes targeted:
Large corporations (obvious targets)
Mid-size businesses (increasing)
Small businesses (growing rapidly—easier settlements)
What Lawsuits Cost
Cost Category | Typical Range |
Legal defense | $10,000 – $50,000+ |
Settlement (small business) | $5,000 – $25,000 |
Settlement (mid-size) | $20,000 – $100,000 |
Settlement (large company) | $100,000 – $500,000+ |
Remediation (fixing the site) | $3,000 – $50,000 |
Ongoing monitoring | $1,000 – $10,000/year |
The irony: Most settlements require you to fix your website anyway. You pay legal fees AND remediation costs. Fixing proactively costs a fraction.
Real Examples
Domino's Pizza (2019): Lost a Supreme Court case. A blind customer couldn't order pizza online. The case established that websites of businesses with physical locations must be accessible.
Winn-Dixie (2017): First major case finding that a website violated ADA. Ordered to make website accessible—no monetary damages, but significant legal costs.
Beyoncé's Parkwood Entertainment (2019): Sued because the website wasn't screen-reader compatible. Settlement terms undisclosed.
Thousands of small businesses: Quietly settle for $10,000-$25,000 to avoid legal costs. You never hear about these.
Who Must Have an ADA Compliant Website?
The short answer: If you do business in the United States and have a website, you should be ADA compliant.
Definitely Must Comply
Business Type | Why |
Businesses with physical locations | Clear legal precedent (Domino's case) |
E-commerce stores | Selling to the public |
Government entities | Required by law |
Organizations receiving federal funding | Section 508 requirements |
Public accommodations | ADA Title III applies |
Should Comply (High Risk)
Business Type | Why |
Service businesses | Serve the public |
Professional services | Clients include people with disabilities |
Restaurants with online ordering | High lawsuit target |
Any business with a website | Precedent is expanding |
Common Misconceptions
"I'm a small business—they won't sue me."
Wrong. Small businesses are increasingly targeted because they settle quickly.
"My website is just informational—no e-commerce."
Doesn't matter. Courts have ruled informational sites must also be accessible.
"I have an accessibility statement—that protects me."
A statement without actual accessibility is meaningless legally.
"I added an overlay widget—I'm covered."
Overlay widgets don't guarantee compliance (more on this later).
Common Website Accessibility Violations
These are the issues that get businesses sued—and most websites have several:
1. Missing Alt Text on Images
The Problem: Screen readers can't describe images without alt text. Blind users have no idea what the image shows.
Violation Rate: Found on 58% of home pages (WebAIM Million Report)
Example:
❌ <img src="product.jpg">
✅ <img src="product.jpg" alt="Blue wireless headphones with noise cancellation">2. Poor Color Contrast
The Problem: Text that doesn't contrast enough with its background is hard to read for people with low vision.
Violation Rate: Found on 83% of home pages
Requirements:
Normal text: 4.5:1 contrast ratio minimum
Large text: 3:1 contrast ratio minimum
Common Issues:
Light gray text on white backgrounds
Colored text on colored backgrounds
Placeholder text in forms
3. Missing Form Labels
The Problem: Screen readers can't identify what information a form field requires without proper labels.
Violation Rate: Found on 46% of home pages
Example:
❌ <input type="text" placeholder="Email">
✅ <label for="email">Email Address</label>
<input type="text" id="email" name="email">4. Empty Links and Buttons
The Problem: Links or buttons with no text (like icon-only buttons) are meaningless to screen readers.
Violation Rate: Found on 50% of home pages
Example:
❌ <a href="/cart"><i class="cart-icon"></i></a>
✅ <a href="/cart"><i class="cart-icon"></i><span class="sr-only">Shopping Cart</span></a>5. Missing Document Language
The Problem: Screen readers need to know what language content is in to pronounce it correctly.
Violation Rate: Found on 18% of home pages
Fix:
<html lang="en">6. No Keyboard Navigation
The Problem: Users who can't use a mouse must navigate using only a keyboard. Many websites break without mouse interaction.
Issues:
Dropdown menus that only work on hover
Custom buttons that aren't focusable
Modal windows that trap keyboard focus
Skip navigation links missing
7. Videos Without Captions
The Problem: Deaf and hard-of-hearing users can't access video content without captions.
Requirement: All pre-recorded video must have synchronized captions.
8. Inaccessible PDFs and Documents
The Problem: PDFs created from scanned images or without proper tagging are unreadable by screen readers.
The Fix: Use properly tagged, text-based PDFs with reading order defined.
9. Auto-Playing Media
The Problem: Videos or audio that play automatically can be disorienting and interfere with screen readers.
Requirement: Users must be able to pause, stop, or mute auto-playing content.
10. Missing Skip Navigation
The Problem: Screen reader users must listen through the entire navigation menu on every page without skip links.
The Fix: Add a "Skip to main content" link at the top of every page.
For more common website issues, see our guide on website development mistakes US businesses make.
How to Check if Your Website Is ADA Compliant
Before fixing anything, you need to know what's broken.
Free Automated Testing Tools
These tools catch many (not all) accessibility issues:
Tool | What It Does | Cost |
Browser extension, visual error highlighting | Free | |
Chrome extension, detailed reports | Free tier available | |
Built into Chrome, accessibility audit | Free | |
Government-developed testing tool | Free |
How to Run a Basic Audit
Step 1: Run WAVE on your homepage
Visit wave.webaim.org, enter your URL, and review the results.
Step 2: Check other key pages
Test your:
Homepage
Contact page
Main service/product pages
Checkout process (if e-commerce)
Any forms
Step 3: Do manual keyboard testing
Try navigating your entire website using only your keyboard:
Tab through all links and buttons
Can you access everything?
Can you see where focus is?
Can you escape modal windows?
Step 4: Test with a screen reader
Use free screen readers to experience your site as a blind user:
NVDA (Windows, free)
VoiceOver (Mac/iOS, built-in)
TalkBack (Android, built-in)
What Automated Tools Miss
Important: Automated tools catch only 25-35% of accessibility issues. They cannot detect:
Whether alt text is actually meaningful
If reading order makes sense
Whether content is understandable
Many keyboard navigation issues
Complex interaction problems
For true compliance, you need manual testing and ideally an expert audit.
How to Make Your Website ADA Compliant: Step-by-Step
Here's a practical roadmap to accessibility:
Phase 1: Quick Wins (Week 1)
Fix the easiest, most common issues:
Task | Time | Impact |
Add alt text to all images | 1-4 hours | High |
Add form labels | 1-2 hours | High |
Fix color contrast issues | 2-4 hours | High |
Add language attribute to HTML | 5 minutes | Medium |
Add page titles | 30 minutes | Medium |
Phase 2: Structural Fixes (Weeks 2-3)
Address navigation and structure:
Task | Time | Impact |
Add skip navigation link | 1 hour | High |
Fix heading hierarchy | 2-4 hours | High |
Ensure keyboard navigability | 4-8 hours | Critical |
Fix empty links/buttons | 2-4 hours | High |
Add ARIA labels where needed | 4-8 hours | High |
Phase 3: Content Accessibility (Weeks 3-4)
Make all content accessible:
Task | Time | Impact |
Add video captions | Varies | High |
Make PDFs accessible | Varies | High |
Review and fix reading order | 2-4 hours | Medium |
Ensure form error handling | 2-4 hours | High |
Phase 4: Testing and Validation (Week 5)
Task | Time | Impact |
Full automated testing | 2-4 hours | — |
Manual keyboard testing | 4-8 hours | — |
Screen reader testing | 4-8 hours | — |
User testing (if possible) | Varies | — |
Phase 5: Ongoing Maintenance
Accessibility isn't one-and-done:
Test new content before publishing
Audit quarterly
Train content creators
Monitor for regressions
Platform-Specific Considerations
Accessibility fixes vary by platform. For help choosing the right platform, see our Wix vs WordPress vs Custom Website comparison.
Platform | Accessibility Challenges |
WordPress | Theme-dependent; many themes have issues; plugins can help |
Wix | Limited control; built-in accessibility improving |
Shopify | Theme-dependent; checkout generally accessible |
Custom | Complete control; requires developer expertise |
ADA Compliance Costs: What to Budget
Audit Costs
Audit Type | Cost | What You Get |
Automated scan only | Free – $500 | List of technical issues |
Basic manual audit | $500 – $2,000 | Manual testing + report |
Comprehensive audit | $2,000 – $10,000 | Full WCAG evaluation + prioritized fixes |
Enterprise audit | $10,000 – $30,000+ | Large site, multiple properties |
Remediation Costs
Website Type | Remediation Cost | Timeline |
Simple site (5-10 pages) | $1,500 – $5,000 | 1-2 weeks |
Business site (10-25 pages) | $3,000 – $15,000 | 2-4 weeks |
E-commerce (basic) | $5,000 – $25,000 | 3-6 weeks |
E-commerce (complex) | $15,000 – $50,000+ | 6-12 weeks |
Large corporate site | $25,000 – $100,000+ | 2-6 months |
For context on overall website costs, see our guide on website development costs in the USA.
Ongoing Costs
Item | Annual Cost |
Quarterly audits | $2,000 – $8,000 |
Monitoring tools | $1,000 – $5,000 |
Training | $500 – $2,000 |
Ongoing fixes | $1,000 – $5,000 |
Cost Comparison: Proactive vs. Reactive
Approach | Cost |
Proactive compliance | $5,000 – $25,000 |
Lawsuit defense + settlement + remediation | $25,000 – $150,000+ |
The math is clear: Fixing accessibility proactively costs 80-90% less than waiting for a lawsuit.
Accessibility Overlays: Do They Actually Work?
You've probably seen them—those little accessibility widgets in the corner of websites promising one-click compliance.
What Are Overlays?
Overlay tools (like accessiBe, UserWay, AudioEye) add a JavaScript widget to your site that offers:
Font size adjustments
Color contrast changes
Screen reader optimizations
Keyboard navigation helpers
The Promise
"Install our widget and become ADA compliant instantly."
The Reality
Overlays are controversial and increasingly problematic:
1. They don't fix underlying issues
Overlays add a layer on top of your broken code. The underlying accessibility problems remain.
2. They can make things worse
Many screen reader users report overlays interfere with their assistive technology rather than helping.
3. They haven't prevented lawsuits
Companies using overlays have still been sued—and lost. Courts look at actual accessibility, not widgets.
4. Disability advocacy groups oppose them
The Overlay Fact Sheet, signed by hundreds of accessibility professionals, warns against relying on overlays.
The Verdict
Overlays may be a temporary band-aid or supplement, but they are not a compliance solution.
What actually works:
Fix your underlying code
Build accessibility in from the start
Conduct regular manual testing
Work with accessibility professionals
The Business Benefits of Accessibility
Accessibility isn't just about avoiding lawsuits. It's genuinely good for business.
1. Larger Potential Audience
61 million Americans have a disability. That's roughly 1 in 4 adults. An inaccessible website excludes a massive market segment.
Disability Type | US Population |
Mobility | 13.7% |
Cognitive | 10.8% |
Hearing | 5.9% |
Vision | 4.6% |
2. Better SEO Performance
Accessibility and SEO overlap significantly:
Accessibility Feature | SEO Benefit |
Alt text on images | Google understands image content |
Proper heading structure | Better content organization signals |
Descriptive link text | Improved link context |
Video captions | Indexable text content |
Fast, clean code | Better page speed |
Making your site accessible often improves your search rankings. Learn more about SEO services.
3. Improved User Experience for Everyone
Accessibility improvements help all users:
Captions: Useful in noisy environments or when muted
Clear navigation: Helps everyone find what they need
Readable text: Better for all readers
Keyboard navigation: Power users prefer it
4. Brand Reputation
Demonstrating commitment to accessibility builds trust and goodwill. The opposite—being sued for discrimination—damages reputation significantly.
5. Future-Proofing
Regulations are tightening. The EU's European Accessibility Act, potential US legislation, and increasing legal precedent all point toward stricter requirements. Getting ahead now saves pain later.
Frequently Asked Questions
Is ADA compliance legally required for all websites?
There's no explicit federal law requiring website accessibility. However, the ADA has been consistently applied to websites by courts, and the Department of Justice has affirmed that the ADA applies to web content. For practical purposes, if you do business in the US, you should treat it as required.
What level of WCAG compliance do I need?
Most lawsuits and legal standards reference WCAG 2.1 Level AA. This is the recommended target for most businesses.
How often should I audit my website for accessibility?
At minimum, audit:
After any major website changes
Quarterly for active sites
Annually for static sites
If you publish content frequently, build accessibility checks into your content workflow.
Can I be sued if my website was built by someone else?
Yes. You, as the business owner, are responsible for your website's accessibility—regardless of who built it. If your developer didn't build it accessibly, you may have recourse against them, but you're still liable to the public.
How long does it take to make a website ADA compliant?
Website Size | Remediation Time |
Small (5-10 pages) | 1-2 weeks |
Medium (10-25 pages) | 2-4 weeks |
Large (25-100 pages) | 4-10 weeks |
Complex/E-commerce | 6-16 weeks |
For detailed timelines, see our website development timeline guide.
Should I add an accessibility statement to my website?
Yes. An accessibility statement shows good faith and provides:
Your commitment to accessibility
The standards you're following
Contact information for accessibility issues
Known limitations (if any)
But a statement alone doesn't make you compliant—your site must actually be accessible.
What if I receive a demand letter about accessibility?
Don't ignore it. Consult with an attorney experienced in ADA website cases. Options typically include:
Negotiate a settlement (common)
Commit to remediation timeline
Fight the claim (expensive, often not worth it)
Many demand letters come from serial plaintiffs. Quick, good-faith response often leads to reasonable settlements.
Is a website redesign necessary for compliance?
Not always. Many accessibility issues can be fixed without a complete redesign. However, if your site has fundamental structural problems or uses an outdated, inaccessible platform, a redesign may be the most cost-effective path forward.
See our website redesign cost guide for more details.
Making Your Website ADA Compliant: Next Steps
Let's recap what you need to do:
Immediate Actions
Run a free audit using WAVE or axe DevTools
Test keyboard navigation yourself
Check your most important pages for obvious issues
Document your current state
Short-Term Actions (This Month)
Fix quick wins: Alt text, form labels, color contrast
Add skip navigation and fix heading structure
Ensure keyboard operability
Add an accessibility statement
Long-Term Actions (This Quarter)
Get a professional audit for comprehensive assessment
Create a remediation plan with priorities and timelines
Train your team on maintaining accessibility
Establish ongoing monitoring
Need Help Making Your Website ADA Compliant?
Website accessibility isn't optional anymore. It's a legal requirement, a business advantage, and simply the right thing to do.
At Jigsawkraft, we help US businesses build and remediate websites for full ADA compliance. We don't just run automated scans—we conduct thorough manual testing and fix issues at the code level.
Worried about your website's accessibility?
We'll audit your site, identify violations, and give you a clear remediation plan with realistic costs.
Or explore our website development services for US businesses to see how we build accessible websites from the start.
Summary: Key Takeaways
Topic | Key Points |
Legal requirement | ADA applies to websites; lawsuits increasing yearly |
Standard | WCAG 2.1 Level AA is the target |
Common violations | Missing alt text, poor contrast, no keyboard navigation |
Audit tools | WAVE, axe DevTools (free); professional audits recommended |
Costs | Remediation: $1,500–$50,000+; Lawsuits: $25,000–$150,000+ |
Overlays | Not a complete solution; fix underlying issues |
Benefits | Larger audience, better SEO, improved UX, legal protection |
The Bottom Line:
Making your website ADA compliant isn't just about avoiding lawsuits—though that's reason enough. It's about building a website that works for everyone, performs better in search, and reflects well on your business.
The cost of compliance is a fraction of the cost of non-compliance.
Take action now. Your future self (and your legal team) will thank you.
About Jigsawkraft
Jigsawkraft is a hybrid digital agency bridging US strategy with global execution. We help US businesses build Websites, E-commerce Stores, and Custom SaaS Applications at a fraction of traditional agency cost.
What's Always Included:
✅ Mobile-responsive design
✅ SEO foundation
✅ Speed optimization (Core Web Vitals compliance)
✅ Security setup
✅ Training on updates
✅ 1-month post-launch support
✅ Complete ownership of all assets
No hidden costs. No surprise fees. No ownership games.
Get Your Custom Quote
Every business is unique. Your website investment should match your specific goals and budget.
We'll discuss:
Your business goals and requirements
Realistic budget for what you need
Timeline expectations
Detailed proposal with transparent pricing
ROI projections based on your industry
Transparent Pricing
📧 Email: letschat@jigsawkraft.com
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