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United States

Americans with Disabilities Act (Titles II and III)

The Americans with Disabilities Act has applied to websites as a matter of case law for years. In April 2024, the U.S. Department of Justice adopted a final rule under Title II that, for the first time, explicitly names a technical standard: WCAG 2.1 Level AA.

Standard
WCAG 2.1 AA
Reference
DOJ · 2024

At a glance

  • ADA enacted 1990; web accessibility under Titles II and III has been litigated since the 1990s as a matter of case law.
  • April 2024: DOJ publishes the Title II final rule adopting WCAG 2.1 Level AA as the technical standard.
  • Compliance dates stagger by population. A DOJ interim final rule effective 20 April 2026 extended them: public entities with a total population of 50,000 or more now have until 26 April 2027 (previously 24 April 2026), and entities under 50,000, plus any special district government, until 26 April 2028 (previously 26 April 2027). Confirm with counsel which category your organization falls in.
  • The technical standard is unchanged: WCAG 2.1 Level AA, as adopted in the 2024 final rule.
  • Title III (private sector public accommodations) does not have an equivalent final rule, but plaintiffs routinely cite WCAG 2.1 AA in litigation.

How TrustScans covers ADA Title II & III

  • TrustScans reports tag every finding with its WCAG Success Criterion, the unit the DOJ rule references.
  • Reports include per-page, timestamped findings with screenshots, evidence you can keep as part of your Title II compliance documentation.
  • WCAG 2.2 includes every 2.1 success criterion, so a 2.2 scan also checks the 2.1 AA criteria that automated testing can detect, while flagging newer issues 2.1 alone would miss. Automated testing covers only part of WCAG, so a scan supports, but cannot by itself establish, conformance.

Primary citation

DOJ Final Rule: Nondiscrimination on the Basis of Disability; Accessibility of Web Information and Services of State and Local Government Entities (28 CFR §35.200, April 2024)

Read the sourcePlain-language overview (DOJ, ADA.gov)DOJ interim final rule extending the compliance dates (RIN 1190-AA82, effective 20 April 2026)

TrustScans is not a law firm. This summary is a plain-language overview. Consult counsel for legal advice.

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