ADA website lawsuits hit a record high in 2023 and have continued climbing. The Department of Justice has made clear that websites are places of public accommodation under Title III of the ADA — and that WCAG 2.1 Level AA is the appropriate standard. If your site fails WCAG 2.1 AA, it is exposed.
The Core ADA Website Checklist
Use this checklist to assess your current compliance posture. Each item maps directly to WCAG 2.1 AA success criteria.
Perceivable
☐ All images have descriptive alt text (or empty alt for decorative images) ☐ Videos have captions ☐ Audio content has transcripts ☐ Color is not the only way information is conveyed ☐ Text has at least 4.5:1 contrast ratio against its background ☐ Text can be resized to 200% without loss of content ☐ Content does not require horizontal scrolling at 320px viewport width
Operable
☐ All interactive elements are reachable and usable with keyboard alone ☐ No keyboard traps (user can always navigate away with keyboard) ☐ Skip navigation link is present ☐ Pages have descriptive titles ☐ Focus indicator is always visible ☐ No content flashes more than 3 times per second ☐ Sufficient time to complete tasks (or time can be extended)
Understandable
☐ Language of page is set in the HTML (lang attribute) ☐ Error messages identify the field and describe how to fix the issue ☐ Required form fields are labeled ☐ Navigation is consistent across pages ☐ Labels or instructions are provided for all form fields
Robust
☐ All UI components have accessible name, role, and value ☐ Status messages are programmatically determined (ARIA live regions) ☐ Site works with current major screen readers (NVDA, JAWS, VoiceOver)
What to do if you receive an ADA demand letter
If you have received a demand letter alleging ADA website violations, take these steps immediately:
- Do not ignore it. Even if you believe the claims are meritless, a non-response escalates to litigation.
- Engage an accessibility consultant within 48 hours to conduct an emergency audit.
- Document your remediation plan in writing — this demonstrates good faith, which matters in settlement negotiations.
- Do not make public statements about the letter before consulting legal counsel.
- Begin remediating critical barriers immediately, prioritizing user flows for purchasing, account creation, and information access.
The most commonly missed items
Across 500+ audits, these are the issues that appear most frequently and carry the most legal risk:
- Inaccessible PDF forms (missing tags, no reading order)
- Images without alt text — especially product images and infographics
- Custom form elements (date pickers, dropdowns, modals) with no keyboard access
- Insufficient color contrast in buttons and body text
- Video content without captions — especially auto-played marketing videos
- Carousels and sliders that cannot be paused or controlled via keyboard
Alex Rivera
Founder & Lead Accessibility Consultant
A certified accessibility consultant at BuildWithAccess helping organizations achieve WCAG compliance and build more inclusive digital experiences.
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