DOJ Publishes Updated Regulations Addressing Web Accessibility

On April 24, 2024, the U.S. Department of Justice (DOJ) published a final rule updating its regulations for Title II of the Americans with Disabilities Act (ADA) to address the accessibility of online content. Title II of the ADA requires state and local governments’ services, programs, and activities to be accessible to people with disabilities. The updated regulations set forth specific requirements for ensuring that web content and mobile applications of public entities are accessible to people with disabilities. 

First proposed in 2023, the new regulations require state and local governments to ensure their web content and mobile apps meet the Web Content Accessibility Guidelines (WCAG) Version 2.1, Level AA within the next two to three years (depending upon size). The updated regulations provide exceptions to this requirement for certain types of information in specific situations. 

Private employers operating a place of public accommodation should also take note of these regulations. While not all courts agree, the Ninth Circuit Court of Appeals (which has jurisdiction over Nevada) has determined that a place of public accommodation is required to ensure that its websites and mobile apps are accessible to those with disabilities pursuant to Title III of the ADA if there is a sufficient “nexus” between the website and the goods and services of the company’s physical location. Although the new DOJ regulations apply to public entities, they are instructive for companies who are covered under Title III of the ADA. 

If you have questions about this topic, please contact a KZA attorney.

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