Editorial
The Gist
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Slow industry progress. Most websites still fail basic accessibility standards despite years of awareness and pressure.
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Growing legal risk. State and federal laws are expanding, and lawsuits or demand letters are hitting both big and small organizations.
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Vendor accountability rising. New rules are pushing responsibility onto tech providers, especially in public sector work.
Progress in improving digital accessibility compliance in the customer experience space has been grindingly slow. And that’s putting it politely. According to the annual WebAIM Million survey, 95% of the top million website homepages fail to meet the AA-level of WCAG 2 guidelines, the de facto global industry standard for digital accessibility compliance. This eyebrow-raising figure has changed little over five years.
Table of Contents
- The Cost of Ignoring Accessibility Compliance
- Keeping up With Accessibility Laws
- Emerging State-Level Digital Accessibility Regulations
- How State-Level Regulations Impact Technology Providers
- The Legal Risks You May Not See Coming
The Cost of Ignoring Accessibility Compliance
At face value, the lack of movement on digital accessibility compounds all logic. Effectively excluding disabled people from accessing digital services is a very poor decision from a commercial, reputational and ethical point of view.
It also leaves businesses open to compliance-related risks that can prove very costly. You could get sued or threatened with legal action, and the costs may reach tens of thousands of dollars. Ethics should of course be the main catalyst for taking action. But unfortunately, it’s often the awareness of legal and financial risk that actually triggers action.
The reasons why so little collective progress has been made are both numerous and complex. There isn’t enough space to go into them here (they’d probably fill up a small novel). The issues range from a lack of basic knowledge about accessibility compliance to complacency among leaders who don’t fully understand the risks involved.
Related Article: The Ultimate Checklist for Website Accessibility Compliance
Keeping up With Accessibility Laws
An obvious starting point for understanding risk is becoming familiar with the various regulations that apply to digital accessibility. This relates not only to more high-profile legislation but also regulations that frequently go under the radar.
While the WCAG guidelines offer a consistent framework for digital accessibility, the regulations that enforce them are relatively fluid and often more complicated. These regulations span different markets, levels of government and industry sectors. Some are open to interpretation and may be clarified through updated guidance or court rulings. They may also refer to different versions of the WCAG guidelines (i.e., 2.0, 2.1 or 2.2), with each new version expanding the scope of what must be covered.
Keeping up with these regulations is important because they can affect organizations in ways that aren’t always obvious. Many country-level accessibility laws apply not just to businesses based in that country but also to those targeting customers in that country. For example, U.S. websites selling goods to European customers need to be mindful of regulations such as the European Accessibility Act (EAA). The EAA is particularly important right now because on June 28, 2025, it becomes enforceable with the potential for high penalties.
Keeping up with these regulations sounds daunting, and it can be confusing. Within accessibility and UX circles, there tends to be better awareness of high-profile regulations like the EAA, the Americans with Disabilities Act (ADA) and country-level equivalents such as the UK’s 2010 Equality Act.
Several laws require public sector and government websites to meet accessibility standards. These include Section 508 of the Rehabilitation Act and ADA Title II Regulations, which both apply to state and local governments in the U.S.
Key Accessibility Regulations and Their Impact
This table highlights important digital accessibility laws and what organizations should know about their scope, impact, and enforcement timelines.
| Regulation | Scope | Impact |
|---|---|---|
| WCAG 2.1 AA | Industry-standard accessibility guidelines used globally | Forms the baseline for most legal compliance; referenced in U.S., EU, and state-level laws |
| ADA (Title III) | U.S. federal law applying to private businesses and nonprofits | Frequent basis for lawsuits; courts interpret digital properties as “places of public accommodation” |
| Section 508 & ADA Title II | Applies to U.S. federal, state and local government entities | Mandates accessible public sector websites; non-compliance risks audits and federal funding issues |
| European Accessibility Act (EAA) | Applies to companies offering services/products in the EU | Enforceable by June 28, 2025; non-compliance may block market access or incur penalties |
| California AB 1757 | Proposed extension of anti-discrimination laws to websites and apps | Would require conformance to WCAG 2.1 AA for all digital properties in CA; potential ripple effect nationally |
| Colorado HB24-1454 | Applies to Colorado government and public entities | Mandates accessibility by July 1, 2025; updated tech guidance already in effect |
| Colorado HB25-1152 | Public school contracts in Colorado | Holds tech vendors legally liable for accessibility-related lawsuits tied to their tools |
| Virginia HB2541 | Public procurement in Virginia | Vendors must report accessibility conformance; responsibility formally shared in contracts |
Awareness of accessibility regulations is generally strong within the public sector. That includes businesses that regularly provide digital products and services to the public sector, where proving accessibility conformance may be part of a procurement process.
Emerging State-Level Digital Accessibility Regulations
There are many emerging U.S. state-level and industry sector regulations that also necessitate action around digital accessibility, and these tend to get significantly less media coverage. These acts may take time to actually go into effect, and they’re also subject to changes and clarifications.
One example is California AB 1757, a bill that builds on existing Californian laws preventing discrimination against disabled people by extending it to websites and mobile apps. This effectively requires all websites and apps operating in California to conform to the AA level of the WCAG 2.1 guidelines. As of June 2024, the bill has been on hold in committee, but if and when it does become operational, it could impact not just businesses based in California but also those with customers there. Secondly, it could prove highly influential and trigger a wave of other states to follow suit with similar legislation.
Another example is Colorado, where HB24-1454 was passed in 2024. This requires all Colorado government and public entities to comply with digital accessibility standards. A bill like this is subject to different stages and evolution. On July 1, 2025, a period of grace will expire, which leaves public sector organizations liable. Colorado’s Office of Information Technology has also updated some of its technical guidance.
Related Article: Digital Accessibility Drives Customer Loyalty and Inclusion
How State-Level Regulations Impact Technology Providers
Sometimes state-level regulations will directly impact anyone providing technology or related services to a public sector or government organization. For example, in Colorado, bill HB25–1152 requires public school contracts to include accessibility clauses. It also holds vendors responsible for legal costs if a school faces an accessibility-related lawsuit.
That sounds like a niche law, but it could impact any supplier to a school that involves the use of technology. If your technology product could be used by a school in Colorado, then you may need to act. Some vendors will be blissfully unaware of this kind of risk, particularly if they do not generally serve public sector customers.
Meanwhile Virginia has recently introduced HB2541, which stipulates that accessibility must be a factor in all procurement involving public sector and government organizations. This passes part of the responsibility for accessibility to technology vendors. They are expected to report on their level of conformance and, if not compliant, share regular updates on their progress.
It’s often unclear whether the vendor or the organization is responsible for a website’s accessibility. In many cases, the issue comes from content uploaded by internal teams, not from the underlying CMS. Sorting out liability is an area where clarification might be reflected deep in the contract, which inevitably results in more work for the lawyers.
The Legal Risks You May Not See Coming
While it’s important to keep track of accessibility regulations, it’s equally critical to fully understand the actual risk. Many assume they are unlikely to face legal action, especially if they run a small business. Others believe that any consequences will be minor.
But people do get sued. Reports show that in the U.S. alone, there were around 4,000 ADA-related lawsuits relating to digital accessibility in 2024 alone. These cover big corporations, small businesses and non-profits. No one is immune.
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While the high number of lawsuits last year does not represent a year-on-year rise in the number of cases significantly, there is a trend here showing a rise in the proportion of lawsuits that are being brought in state-level courts. Some states, like New York, seem to be more litigious than others. Awareness of both federal and state laws is important in an area where complacency is commonplace.
The greater risk doesn’t always come from getting sued. Relatively few cases get to court. A bigger problem is the constant flow of demand letters sent by speculative lawyers. Most are looking for easy wins to settle, and, by our estimate, only about 3% actually get to court. However, defending these demand letters can cost tens of thousands of dollars. Many organizations choose to settle, which leads to major costs they can’t recover.
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