Imagine checking your email to discover that you're being sued.
Not by an unhappy former client or a territorial competitor. You're being sued by some random person who's dissatisfied with your website.
This person has no legitimate complaint with you.
They aren't interested in your services and aren't even in your market. They simply found your website, realized it didn't meet nebulous web accessibility standards, and sued.
To make matters worse, there's a good chance they'll win - forcing you to settle for anywhere from $5,000 to $20,000.
That might sound far-fetched, but this happens all the time. Businesses get sued because their websites aren't "accessible" to people with disabilities.
In 1990, the ADA Title III prohibited discrimination on the basis of disability in places of public accommodation and commercial facilities. This was three years before the internet entered the public domain, so there was no mention of business websites or other digital spaces. However, 1998's Section 508 mandated digital accessibility for US federal platforms. Then 10 years later, NFB v. Target Corp. determined that nondiscrimination provisions extend to websites - even for private businesses and those with or without brick-and-mortar establishments.
Target settled for $6 million in damages plus $3.7 million in attorney fees and costs.
NFB v. Target wasn't the first web accessibility lawsuit. Cases emerged in the late 1990s to early 200s, as disability rights organizations went after companies like banks, travel groups, educational sites, and AOL. But it was the landmark case - establishing that not only do accessibility laws apply to websites, but companies can be on the hook for damages and other claims.
Smaller businesses were in the crosshairs by the mid 2010s, with lawsuits trending up past 2020.
Many of these cases are legitimate. Others are opportunistic and predatory - taking advantage of vague, but stringent regulations and targeting people who may not even realize their websites are subject to accessibility laws.
Let's walk through the basics of website accessibility - what it is, what the laws are, and how to protect your business and serve more customers with digital compliance.
What is Website Accessibility?
An accessible website can be used by people with visual, auditory, motor, or cognitive disabilities or impairments. This extends to temporary or situational impairments, such as mobile device use, slow internet connections, and challenging environments (browsing in bright sunlight).
Ever watched a video using closed captions rather than audio? That's web accessibility.
Website accessibility started as a nice-to-have feature, but it's now considered a legal, ethical, and business-critical requirement. It creates digital inclusion for people with disabilities (15% of the population) along with older adults, people with device or connectivity issues, and anyone on-the-go.
Primer on Web Accessibility Standards
The World Wide Web Consortium's Web Content Accessibility Guidelines (WCAG) are the most widely recognized web accessibility standards. The World Wide Web (W3) is the international public-interest, non-profit organization behind open web standards, like HTML, CSS, and XML.
Its Web Accessibility Initiative (WAI) first published WCAG 1.0 in 1999, released the current WCAG 2.2 in 2023, and is developing WCAG 3.0.
The WAI defines accessible content as meeting four principles:
- Perceivable: Content can be seen, heard, or otherwise sensed.
- Operable: Navigation works for all users, including those using only a keyboard.
- Understandable: Language, instructions, and interactions are clear.
- Robust: Content works with a variety of assistive technologies, like screen readers.
This is achieved with measures such as proper content organization, alt text image descriptions, video captions, contrasting colours, etc.
Website Accessibility Laws & Suits
Web accessibility regulations vary by jurisdiction. However, the W3's standards are considered a global benchmark, with many places referring to its recommendations.
It's important to note that companies can be sued anywhere their website operates or can be accessed from. Canadian, British, and ANZ companies can be sued in the USA if they have customers there. Certain states and industries are notorious for website accessibility lawsuits. We'll get into that more, but first, here's an overview of web accessibility regulations.
Jurisdiction | Legislation | Extends To | The Benchmark | Penalties |
|---|---|---|---|---|
Canada | Accessible Canada Act (2019); AODA (Ontario, 2005); AMA (Manitoba, 2013); NS Accessibility Act (2017); ABCA (BC, 2021) | Federal public sector, Crown corps, federally regulated businesses; provinces extend to public & private orgs | Federal: WCAG de facto. Ontario: WCAG 2.0 AA. Manitoba, NS, BC: WCAG-aligned standards being phased in. | Federal: up to C$250k per violation. Ontario: up to C$100k/day. Others: AMPs, fines, compliance orders. |
United States | ADA (1990); Section 508 (federal agencies/vendors); state laws (e.g. CA Unruh Act) | Title II: state & local gov; Title III: “public accommodations”; Section 508: federal agencies & vendors | No codified ADA web spec; courts & DOJ use WCAG 2.0/2.1 AA. DOJ 2024 rule: Title II must follow WCAG 2.1 AA. | DOJ civil penalties up to US $109k/violation; attorney fees; States (CA, NY, FL, NJ, PA) add damages (e.g., CA US$4k per instance). |
United Kingdom | Equality Act (2010); Public Sector Bodies Accessibility Regs (2018) | Public sector bodies; private sector has “reasonable adjustments” duty | Public: WCAG 2.2 AA + accessibility statement; private: WCAG benchmark | Public sector non-compliance flagged publicly; EHRC can order compliance & damages; private lawsuits under Equality Act |
Australia | Disability Discrimination Act (1992) | All orgs providing goods & services (public & private) | WCAG 2.1 AA recognized as standard (not codified in law but enforced in cases) | Conciliation first; Federal Court can order remediation, damages (e.g., SOCOG case: $20k damages) |
New Zealand | Human Rights Act (1993); NZ Government Web Accessibility Standard | Public sector (mandatory); private sector under Human Rights Act | Public: WCAG 2.2 AA by March 2025; private: WCAG is best practice | Tribunal can order compliance, damages, policy changes |
The digital accessibility laws are broad and far-reaching, in order to ensure that people with disabilities can be served by any website they encounter - no matter where that business is located. Combine that with the potential for large damage claims and hasty settlements and you get a landscape where any business with an inaccessible website, regardless of size or location, can be exposed to legal action, fines, and reputational damage.
Certain areas are notorious for accessibility lawsuits. As are certain industries.
California, New York State, Florida, New Jersey, and Pennsylvania dominate ADA litigation due to active plaintiffs’ bars, favourable courts, and statutes like California’s Unruh Act, allowing $4,000 per violation per website visit. In Canada, Ontario is a hotspot for private companies with 50+ employees due to the AODA’s web accessibility requirements. In the UK, Australia, and New Zealand, private-sector complaints tend to target larger or more visible companies.
The e-commerce, travel, hospitality, finance, healthcare, insurance, education, and government or public service industries are frequently targeted.
Large enterprises, small businesses (easier to pressure), high-profile brands, digital-first companies, and previously sued companies also attract more lawsuits.
Keeping Your Website Accessible and Compliant
Accessibility isn’t something you check off once and forget. It’s an ongoing process, but one that gets easier if you break it down into manageable steps.
1. Audit your website regularly.
Start with an accessibility scan using tools like WAVE, Axe, or Lighthouse. These can flag missing alt text, low color contrast, or keyboard traps. But don’t stop there because automated tests only catch 20-30% of issues. Manual reviews of content structure, navigation, and interactive elements are essential.
2. Follow WCAG's best practices.
- Provide alt text for all images.
- Ensure strong colour contrast (minimum 4.5:1 for text).
- Use proper heading hierarchy (H1 > H2 > H3).
- Add captions and transcripts to video or audio content.
- Make sure forms are labeled and usable by keyboard.
- Avoid jargon, overly complex sentences, or unclear instructions.
3. Put accessibility in your content creation workflow.
Poor content quality can create accessibility issues. Those can include:
- Videos without captions,
- Blogs with walls of text,
- Non-descriptive link text.
Building accessibility checks into your content creation process prevents these problems from piling up.
4. Train your team (or partners).
Developers, designers, marketers, and writers all play a role in creating accessible content. A culture of accessibility ensures that every update - whether it’s a new blog post, landing page, or navigation tweak - stays compliant.
5. Document your efforts.
Consider keeping an accessibility statement on your website, with contact information for genuine complaints. This shows good faith, signals to users that you care, and hopefully will reduce your legal exposure.
How Content Quality Impacts Accessibility
Accessibility isn't a purely technical challenge. A large share of challenges are due to poor content quality. Things like missing captions, confusing instructions, or unreadable text. Even well-built websites can fall short if the content itself isn’t written and structured with accessibility in mind.
Clear language, thoughtful formatting, and accessible media make the difference between a site that leaves people out versus one that truly serves every visitor.
This ultimately protects your business from bad actors, ensures that people with disabilities can fully use your services, and creates a better digital experience for everyone.