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Financial Services Law Insights and Observations

DOJ publishes web accessibility guidance under the ADA

Agency Rule-Making & Guidance DOJ Americans with Disabilities Act

Agency Rule-Making & Guidance

On March 18, the DOJ released guidance on web accessibility and the Americans with Disabilities Act (ADA) explaining how businesses open to the public, including banks (entities covered by ADA Title III), and state and local governments can make sure their websites comply with ADA requirements. “Even though businesses and state and local governments have flexibility in how they comply with the ADA’s general requirements of nondiscrimination and effective communication, they still must ensure that the programs, services, and goods that they provide to the public—including those provided online—are accessible to people with disabilities,” the guidance stated. The DOJ addressed several topics within the guidance, including the importance of website accessibility, examples of barriers that inaccessible websites create for people with disabilities, when the ADA requires web content to be accessible, and advice on making web content accessible. Also provided are links to accessibility resources and existing technical standards offering helpful guidance concerning ways to ensure the accessibility of website features, such as the Web Content Accessibility Guidelines. The guidance also provides examples of the DOJ’s ongoing work to advance website accessibility for people with disabilities through statements of interest and enforcement matters.