Compliance
Section 508 and the ADA
A brief explanation of the two primary accessibility frameworks in the United States, who they apply to, and what they actually require.
10 minute read
Digital accessibility compliance in the United States is primarily governed by two legal frameworks: Section 508 of the Rehabilitation Act and the Americans with Disabilities Act. Understanding which applies to your organization, and what each requires, is the starting point for any compliance effort.
Section 508
Section 508 applies to federal agencies and to organizations that receive federal funding or provide electronic and information technology products or services to the federal government. If your organization sells software to a federal agency, publishes content using federal grant funding, or operates as a federal contractor, Section 508 almost certainly applies to you.
Section 508 was updated in 2017 to reference WCAG 2.0 Level AA as its technical standard. In practice, most organizations now target WCAG 2.1 Level AA, which is a superset of 2.0 and the standard referenced by more recent guidance and procurement requirements.
The ADA
The ADA is a civil rights law that prohibits discrimination on the basis of disability. Title II covers state and local governments; Title III covers places of public accommodation, which courts and the Department of Justice have increasingly interpreted to include websites and digital services operated by private businesses.
Unlike Section 508, the ADA does not specify a technical standard by statute. However, the DOJ's 2024 final rule under Title II explicitly adopted WCAG 2.1 Level AA as the standard for state and local government websites and mobile applications, with compliance deadlines phased by entity size.
What this means in practice
For most organizations, the applicable technical standard is the same regardless of which framework applies: WCAG 2.1 Level AA. The key differences are in who is subject to the requirement, what the enforcement mechanism looks like, and what remediation timelines are expected.
Federal agencies and their contractors face the most structured requirements, including specific procurement obligations and program management expectations. State and local governments are now subject to explicit regulatory requirements under the ADA. Private businesses face litigation risk under Title III, which has been a significant source of demand letter activity in recent years.
Not sure which applies to you? The answer is often both. Organizations that serve the federal government, operate as state or local agencies, and conduct public-facing business may be subject to Section 508, Title II, and Title III simultaneously. Each has different enforcement mechanisms but largely overlapping technical requirements.