Digital accessibility is a critical issue that affects millions of people living with disabilities in the United States. With the rise of technology and the internet, it’s more important than ever that all electronic content is accessible to everyone, regardless of their abilities.

Compliance with key laws and regulations, such as the Americans with Disabilities Act (ADA) and Section 504 and Section 508 of the US Rehabilitation Act, is critical to avoid litigation and ensure that all users can access electronic content.

By taking steps to improve accessibility, organizations can not only comply with legal requirements but also improve the experience for all users. Ultimately, digital accessibility services are critical to creating a more inclusive digital world for everyone.

This article will explore:

• What is digital accessibility
• Trends affecting Americans living with disabilities
• The importance of digital accessibility services
• Section 504 of the Rehabilitation Act
• Section 508 of the Rehabilitation Act
• Americans with Disabilities Act of 1990
• Web Content Accessibility Guidelines
• How to maintain compliance and improve accessibility

What Is Digital Accessibility?

Digital accessibility is when websites, tools, and technologies are designed and developed to enable use for people with disabilities.

This encompasses disabilities that affect access to any electronic content, including:

• Auditory
• Cognitive
• Neurological/neuro diverse
• Physical
• Visual

Organizations at Greatest Risk of Compliance

Organizations that receive federal funding, including grants such as higher education; not-for-profit and non-governmental organizations (NGOs); state, local, and tribal governments; government contracting; and aerospace and defense, are at the greatest risk of compliance. They provide Information and Communication Technology (ICT) to government agencies and use websites as the primary means for conducting business.

Trends Affecting Americans Living with Disability and Digital Accessibility

The US Census Bureau has estimated that 42.5 million people live with a disability in 2021, which is 13% of the total US population.

Trends affecting the members of this community and their impact in the world include:

• Revenue. Many companies are missing out on substantial revenue due to inaccessible websites.
• Complexity. The complexity of web content is increasing, and the majority of it remains inaccessible.
• Regulation. There are 40 laws and regulations that govern accessibility worldwide. Many of these are pushing for better digital accessibility.
• Litigation. There has been a notable rise in lawsuits related to digital accessibility, with a significant increase in cases over recent years, particularly affecting smaller organizations.

The Rehabilitation Act of 1973

The Rehabilitation Act of 1973 aims to prevent discrimination against individuals with disabilities and ensure they have equal opportunities. Two sections of the act are important when addressing digital assets—Section 504 and 508.

Section 504 of the Rehabilitation Act

Section 504 prohibits discrimination against individuals with disabilities in programs and activities that receive federal financial assistance.

It applies to facilities and communications, such as websites, apps, and electronic documents. Electronic information is required to be accessible for those with disabilities and must be compatible with assistive technology devices. If an electronic publication cannot be made compliant, the organization must provide a reasonable alternative.

Section 504 applies to a wide range of organizations, including educational institutions, hospitals, and human service programs. Individual regulatory bodies and the Department of Justice are responsible for providing specific guidance and enforcement. The Department of Health and Human Services (HHS) has issued a final rule updating Section 504 regulations, which now explicitly requires Web Content Accessibility Guidelines (WCAG) 2.1 AA conformance for websites and mobile apps. The new HHS rule deadline set for May 11, 2026 for entities with 15+ employees and May 10, 2027 for smaller entities.

Section 508 of the Rehabilitation Act

Section 508 applies to federal agencies and impacts vendors who provide digital products to federal agencies. It requires federal agencies to create, buy, and use ICT that’s accessible to people with disabilities.

This includes all pages of agency websites, email, software, applications, intranet sites and tools, and electronic documents, such as PDFs.

In the private sector, neglecting to comply with Section 508 accessibility standards may put your existing contracts at risk and potentially cause you to miss out on new business opportunities.

Specific requirements include:

• Provide text alternatives for non-text elements
• Ensure color isn’t the sole means of conveying information
• Make forms accessible to assistive technologies

In many cases, reporting to the department or agency is required. Noncompliance can be referred to the Department of Justice for prosecution. Any inaccurate or false reporting has successfully been pursued under the False Claims Act.

The U.S. Access Board is responsible for developing ICT accessibility standards. Current standards are harmonized with WCAG but aren’t always the same. Organizations should carefully evaluate the requirements of section 508 to understand their impact.

Americans with Disabilities Act

The ADA is a broad civil rights law requiring accommodation for people living with disabilities.

Title III of the Americans with Disabilities Act

Title III prohibits discrimination "in places of public accommodations." The Department of Justice (DOJ) and the courts have successfully argued that Title III applies to websites. 

Several large corporations have been implicated for noncompliance. Generally, the ADA limits recovery costs to legal fees and any expenses related to avoiding further harm, such as updating the website for greater accessibility. State laws can impose punitive damages at many times those allowed by the ADA.

Title II of the Americans with Disabilities Act

Title II requires all state and local government services, programs, and activities to be accessible to people with disabilities. Under the Department of Justice proposed rule, state and local government web content and mobile apps would have to be made accessible to the public. It requires using WCAG 2.0 Level AA.

The penalties for noncompliance with digital accessibility regulations can be significant and multifaceted. For a first violation, entities may be fined up to $75,000 while subsequent violations can result in fines of up to $150,000 per violation. Organizations face the risk of lawsuits from individuals seeking injunctive relief and monetary damages. The number of federal website accessibility lawsuits has been increasing, with nearly 2,258 suits filed in 2018, almost triple the number from the previous year with the trend continuing for the foreseeable future.

Class-action lawsuits are becoming more common, potentially increasing financial risks for businesses. Compensatory damages may be awarded to individuals who have suffered harm due to noncompliance. Companies may face regulatory investigations, resulting in enforced audits and additional operational costs.

Web Content Accessibility Guidelines (WCAG)

The Web Content Accessibility Guidelines (WCAG) are a set of technical standards developed by the World Wide Web Consortium (W3C) to make web content more accessible to people with disabilities. WCAG has become a globally recognized standard, facilitating digital access for millions with disabilities. Conforming to WCAG helps organizations create more inclusive digital experiences and may also help meet legal requirements for web accessibility in various jurisdictions. WCAG is a standard that specifically referenced in many digital accessibility regulations.

Most regulations prefer (or require) WCAG 2.1 Level AA. Organizations that need to obtain compliance with Level AA must meet 50 success criteria. Any variation can be considered a failure.

WCAG Principles

WCAG is organized around four main principles, often referred to as POUR:

• Perceivable. Information must be presentable in ways users can perceive.
• Operable. User interface components must be operable by all users.
• Understandable. Information and interface operation must be understandable.
• Robust. Content must be robust enough to work with various user agents and assistive technologies.

Under these principles, WCAG provides specific guidelines and testable success criteria. These criteria are organized into three levels of conformance:

• Level A. Basic accessibility features. Consists of 30 success criteria.
• Level AA. Intermediate, more comprehensive accessibility. Required by most regulations. Consists of 50 success criteria.
• Level AAA. Advanced accessibility features. Consists of 78 success criteria.

How to Maintain Compliance and Improve Accessibility

To maintain compliance and improve digital accessibility, Moss Adams provides services to enable greater compliance with regulations such as helping organizations understand what regulations are applicable, conducting a preliminary assessment and gap analysis of digital assets and recommending remediation steps, and performing periodic assessments.

By implementing these practices, organizations can work towards maintaining compliance and continuously improving digital accessibility for all users. Regular assessment and updates are key to ensuring ongoing accessibility as technology and standards evolve.

Conduct a Preliminary Assessment

Whether you want to be proactive, respond to user feedback, or address compliance concerns, a good place to start is to conduct a preliminary digital accessibility assessment. Moss Adams assessments use a combination of automated tools and skilled professionals to evaluate organizations against the WCAG success criteria.

Organizations can start by using a variety of automated tools. However, a recent experiment by the UK's Government Digital Service found that the best automated tools only caught 20 to 40 percent of the errors on a test site. Whatever automated tool you use, augmenting it with manual testing following the WCAG frameworks will yield the most accurate results. Our assessments can include websites, applications, mobile apps, or other digital content such as documents.

The results from the preliminary assessment are a gap analysis and recommendations to best address gaps.

Implement Changes

Effective digital accessibility is the result of several steps and can involve many stakeholders. Moss Adams can assist your organizations in recommending sustainable actions, such as:

• Accessibility policies and accessibility statements
• Accessibility friendly vendor and software procurement policies
• Accessible design and development

Monitor Regularly

Digital content is ever evolving, as are regulations and WCAG success criteria. Moss Adams provides independent periodic digital accessibility assessments using the latest standards and regulations to enable your organization to maintain compliance.

We’re Here to Help

If you’d like to learn how to improve your disability accessibility, contact your Moss Adams professional.

Additional Resources

• Risk & IT Compliance Consulting Services