{"id":91389,"date":"2024-05-23T09:38:17","date_gmt":"2024-05-23T14:38:17","guid":{"rendered":"https:\/\/allyant.com\/?p=91389"},"modified":"2026-05-26T04:05:27","modified_gmt":"2026-05-26T09:05:27","slug":"global-accessibility-regulations-what-applies-to-your-organization","status":"publish","type":"post","link":"https:\/\/allyant.com\/blog\/global-accessibility-regulations-what-applies-to-your-organization\/","title":{"rendered":"Global Accessibility Regulations: What Applies to Your Organization?"},"content":{"rendered":"\n

The start of 2024 has been a groundbreaking year in the digital accessibility space. From state laws like Colorado\u2019s HB21-1110<\/a> going into effect, to the Department of Justice and US Department of Health and Human Services mandating accessibility, the spotlight on accessible design has never been brighter.<\/p>\n\n\n\n

For some teams and advocates, this could be remembered as the accessibility renaissance. For teams that fail to adapt quickly, this could usher in the dark ages for their roadmaps.<\/p>\n\n\n\n

Now more than ever, accessibility isn\u2019t just the right thing to do\u2014it’s the law.<\/strong><\/p>\n\n\n\n

But more than ever, the law that affects your team may be confusing.<\/p>\n\n\n\n

In this article, I will discuss the different accessibility laws that impact this space.<\/p>\n\n\n\n

The foundation of all accessibility laws generally link back to the WCAG guidelines and success criteria, so if you aren\u2019t familiar with those I\u2019d suggest you start here: WCAG 2.2 Explained with Examples.<\/a><\/p>\n\n\n\n

\u201cI manage a public-facing website, like an eCommerce shop or marketing page.\u201d<\/h2>\n\n\n\n

The Americans with Disabilities Act (ADA) is the law in the United States that specifically addresses the accessibility of public websites for people with disabilities.<\/p>\n\n\n\n

The ADA was enacted in 1990 primarily to prohibit discrimination against individuals with disabilities in all areas of public life\u2014including jobs, schools, transportation, and all public and private places that are open to the general public. However, its application to websites has been interpreted through various legal cases and Department of Justice rulings.<\/p>\n\n\n\n

In recent years, there have been legal interpretations and settlements (including in early May 2024, as issued by the Department of Justice under Title III of the ADA<\/a>) indicating that the ADA applies to websites and digital content, with courts often referencing the Web Content Accessibility Guidelines (WCAG) as a benchmark for compliance.<\/p>\n\n\n\n

However, it’s important to note that the legal landscape regarding web accessibility is still evolving, and requirements may vary depending on jurisdiction and individual case circumstances.<\/p>\n\n\n\n

\u201cMy website sells in Europe.\u201d<\/h2>\n\n\n\n

Many B2C e-commerce websites are impacted by the EN 301 549 law<\/strong>, which requires that the website meet WCAG 2.1 A and AA criteria. What\u2019s interesting about this law is that the EU specifically states that manual testing is critical to finding and remediating all issues\u2014so ensure you have a partner like Allyant, who is IAAP-certified<\/a>, to run these manual evaluations.<\/p>\n\n\n\n

\u201cI sell software solutions to, or produce websites for, the U.S. federal government.\u201d<\/h2>\n\n\n\n

As a software company, Section 508<\/a> is something you need to pay attention to if you’re doing business with the United States federal government or any organization that receives federal funding. Section 508 is part of the Rehabilitation Act of 1973, and it requires federal agencies to make their electronic and information technology (EIT) accessible to people with disabilities. This includes websites, software, hardware, and other digital tools.<\/p>\n\n\n\n

You might be wondering, “Why am I hearing about this now, if it’s been in place since 1973?”<\/p>\n\n\n\n

That\u2019s a great question and has been an ongoing pain point for advocates of digital accessibility. Section 508 has been in effect but has seemingly been a \u201cdo as I say, not as I do\u201d approach from the government. As a matter of fact, the DOJ and GSA filed a report in early 2023<\/a> on the lack of progress, issuing a call to action to the President and Congress.<\/p>\n\n\n\n

As a result, demands for VPATs<\/a> have skyrocketed. This has led many teams that sell to federal customers losing opportunities to bid, or losing their current contracts, because they failed to present a VPAT.<\/p>\n\n\n\n

\u201cI sell software to, or produce web pages for, SLED customers.\u201d<\/h2>\n\n\n\n

There\u2019s a lot to unpack in this section, so let\u2019s start with some background.<\/p>\n\n\n\n

In a ground-breaking decision released in early April 2024, the Department of Justice (DOJ) has finalized a rule to enhance digital accessibility. The rule affects state and local governments, including government agencies, courts, and schools.<\/p>\n\n\n\n

If you\u2019re a state, local, or education facility, you must ensure your digital experiences are WCAG 2.1 compliant, even if content is developed by a third party. The timeline varies, and it can be referenced in the DOJ fact sheet<\/a>.<\/p>\n\n\n\n

What if you sell to SLED customers though?<\/p>\n\n\n\n

Well, the DOJ fact sheet specifically outlines that even apps or websites run by private companies must be accessible. They outline this example:<\/p>\n\n\n\n

\u201cIf a city lets people pay for public parking using a mobile app, that mobile app must meet WCAG 2.1, Level AA even if the app is run by a private company<\/u>.\u201d<\/em><\/p>\n\n\n\n

So, in short, if you are a Title II company, you need to begin assessing your vendors to ensure they are accessible.<\/p>\n\n\n\n

Need a place to start?<\/p>\n\n\n\n

Allyant can help through our ProcureEnsure offering. If you sell an application to SLED customers, you need to have a plan in place to prove your compliance.<\/p>\n\n\n\n

\u201cI\u2019m a Canadian company.\u201d<\/h2>\n\n\n\n

Regardless of your industry, Canada has some specific laws on accessibility that deserve their own section. The AODA is the law most companies think of first. This is known as the Accessibility for Ontarians with Disabilities Act (AODA)<\/a>, which was enacted in 2005.<\/p>\n\n\n\n

This Act would famously make Ontario the first Canadian province to implement comprehensive accessibility legislation. Building upon the Ontarians with Disabilities Act of 2001, the AODA sets out a framework of standards that public, private and non-profit organizations must meet. Its goal is to achieve a barrier-free Ontario by 2025.<\/p>\n\n\n\n

As part of the AODA, private or non-profit organizations with over 50 employees and all public sector entities must ensure their websites and online content comply with Web Content Accessibility Guidelines (WCAG) 2.0 Level AA by January 1, 2021. Failure to meet these requirements may result in fines of up to $100,000 per day for non-compliance.<\/p>\n\n\n\n

There are varying opinions in the space about this law; however, many teams applaud the AODA for specifying a minimum employee count for private and non-profit organizations, as this prevents serial plaintiff attorneys from targeting SMBs that may not have the capacity to build an accessibility program.<\/p>\n\n\n\n

Others argue that regardless of size, companies need to ensure an accessible experience for everyone.<\/p>\n\n\n\n

\u201cMy main customers are airlines\u201d or \u201cI am an airline.\u201d<\/h2>\n\n\n\n

In this case, the ACAA applies to you. The Air Carrier Access Act (ACAA)<\/a> is a U.S. law that ensures individuals with disabilities have access to air travel without discrimination. More specifically, this amendment applies to:<\/p>\n\n\n\n