- The ADA protects individuals with disabilities; rules for businesses and public administration arise from various parts of the law.
- The Department of Justice indicates that website accessibility is important for businesses covered by Title III.
- Technical rules for public institutions should not automatically be presented as the same obligation for every private business.
- An automatic scanner helps find some errors, but it cannot replace user testing and a comprehensive process assessment.
How to identify barriers on a website, plan an accessibility review, and determine when the Americans with Disabilities Act may apply to a business.
Status checked: November 2, 2026. We are not a law firm. The text is for informational and educational purposes only and does not constitute individual legal advice. Before making decisions, check the regulations applicable to your location and type of business, and consult with a lawyer or other appropriate specialist.
When Accessibility Applies to a Business
The Americans with Disabilities Act is a federal law that protects against discrimination for individuals with disabilities. Title III pertains to specific entities offering goods and services to the public, referred to as public accommodations. The Department of Justice explains that an inaccessible website may hinder access to these services.
The qualification of a specific business, especially one operating solely online, and the resources available in a dispute may depend on the facts, state law, and the appropriate court. One checklist cannot promise to resolve all issues. In the case of a dispute or an atypical business model, consult a lawyer familiar with the relevant jurisdiction.
What Should Not Be Confused with Business Rules
Title II pertains to state and local government entities, while Title III pertains to specific private entities. Federal technical requirements for websites and applications of public administration are not automatically the same regulation for every private store.
The WCAG guidelines help design and test accessibility. They can be used as a practical reference point; however, the version number or compliance statement does not replace checking the applicable requirements and actual accessibility. A tool that improves the appearance of a website does not automatically remove all barriers in forms, payments, or documents.
Check the Customer Journey
Navigate the site without a mouse. Can you find a product, add it to the cart, fill out a form, and confirm the order? Check if the currently selected item is visible, if the navigation order makes sense, and if you can get stuck in a dialog box.
Next, check the field labels and error messages. Information conveyed solely by color may be unclear. Images conveying information need appropriate descriptions, and videos may require captions or other solutions to ensure content accessibility. Also, test with a phone and screen reader.
Plan for a Small Business
List the key customer tasks and designate a person responsible for fixes. Start with barriers that prevent purchase, contact, and obtaining basic information. Confirm with the platform provider who improves system elements and who handles content, images, and documents added by the business.
After changes, recheck the entire process and establish a channel for reporting issues. Publishing a contact address helps gather information about barriers but does not replace the removal of barriers. Keep records of tests and deadlines for fixes.
How to Commission an Audit and Receive Fixes
Ask the contractor for a list of pages and tasks examined, the methods used, a description of barriers found, and how they were reproduced. The report should also indicate the limitations of the study, such as lack of access to payment or customer panel. A statement of "accessible site" without explaining the scope does not allow verification of what was actually assessed.
Determine who is responsible for the platform, template, content, and external add-ons. If the payment form is provided by another company, do not assume that the problem will disappear without discussing it with the provider. Report the error, set a deadline, and check for possible solutions available to the customer.
After changes, repeat tasks using the keyboard and assistive technologies. Pay special attention to new promotions, forms, and PDF documents. Accessibility is not a one-time task at the launch of a site: new material can introduce another barrier.
Frequently Asked Questions
Does an automatic scanner confirm full accessibility?
No. An automatic test only detects some issues. User testing and content assessment are also needed.
Are the regulations for a government office the same as for a store?
This should not be assumed. The ADA distinguishes between public administration and specific private entities, and specific requirements must be assessed separately.
Related Guides
Sources
| Document | What it Contains |
|---|---|
| Department of Justice: Website Accessibility and the ADA | Application of the ADA and examples of barriers. |
| W3C: WCAG Standard | Guidelines for designing accessible content. |
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