How ADA Compliance Shapes Business Obligations and Access Rights

A Law Written in 1990 Now Governs Your Website

When President George H.W. Bush signed the Americans with Disabilities Act on July 26, 1990, the internet barely existed. Yet the ADA's broad mandate—equal access to public accommodations—has been interpreted by federal courts to encompass websites, mobile apps, and digital kiosks. In 2023 alone, plaintiffs filed over 4,600 website accessibility lawsuits in federal court, up from fewer than 1,000 in 2018. The ADA touches every employer with 15 or more employees, every business open to the public, and increasingly every digital platform that serves American customers.

The Five Titles of the ADA

The statute is organized into five sections, each targeting different spheres of American life.

Most businesses interact primarily with Title I (if they employ people) and Title III (if they serve the public). Both carry significant compliance obligations.

Title I: Employment and Reasonable Accommodation

Title I prohibits employment discrimination against qualified individuals with disabilities. The employer must provide reasonable accommodation unless doing so creates undue hardship.

• A "qualified individual" can perform essential job functions with or without accommodation
• Employers cannot ask about disabilities before making a conditional job offer
• Medical exams are permitted only after an offer, and only if required of all employees in the same role
• The interactive process requires employer and employee to collaborate on identifying effective accommodations
• Common accommodations include modified schedules, ergonomic equipment, remote work, job restructuring, and assistive technology

The undue hardship defense considers the accommodation's cost relative to the employer's resources. A $500 screen reader is not an undue hardship for a Fortune 500 company. It might be for a five-person startup—but even then, the employer must explore alternatives. The Job Accommodation Network (JAN) reports that 56% of workplace accommodations cost nothing, and the rest average $500.

Title III: Public Accommodations and Barrier Removal

Title III applies to private entities operating "places of public accommodation"—a list of 12 categories covering virtually every business open to the public: hotels, restaurants, theaters, retail stores, banks, hospitals, gyms, and more.

"Readily achievable" is a flexible standard that depends on the business's size and resources. Installing a ramp over a single step is readily achievable for most businesses. Retrofitting a three-story building with an elevator might not be—but installing a ground-floor service point for wheelchair users could suffice as an alternative.

Website Accessibility: The Fastest-Growing Liability

Federal courts increasingly hold that commercial websites are places of public accommodation under Title III. The landmark Robles v. Domino's Pizza (9th Circuit, 2019) confirmed that the ADA applies to websites and apps when they connect to a physical place of business.

• The Web Content Accessibility Guidelines (WCAG) 2.1 Level AA serve as the de facto standard courts apply
• Common violations: missing alt text on images, no keyboard navigation, inaccessible forms, poor color contrast, auto-playing media without controls
• Serial plaintiffs and specialized law firms drive most filings—one plaintiff filed over 1,500 lawsuits in 2022
• Settlements typically range from $5,000 to $100,000 plus remediation costs
• The DOJ issued updated web accessibility guidance in 2024 mandating WCAG 2.1 Level AA for state and local government websites under Title II

Businesses that proactively audit their websites using automated tools (WAVE, axe, Lighthouse) combined with manual testing by users with disabilities face far lower risk than those that wait for demand letters.

EEOC Enforcement and Penalties

The Equal Employment Opportunity Commission enforces Title I. Employees must typically file a charge with the EEOC before suing. The process follows a structured timeline.

• Charge must be filed within 180 days of the discriminatory act (300 days in states with local agencies)
• EEOC investigates and may attempt mediation or conciliation
• If EEOC issues a "right to sue" letter, the employee has 90 days to file in federal court
• Remedies include back pay, front pay, compensatory damages, and punitive damages
• Damages are capped: $50,000 to $300,000 depending on employer size

Title III enforcement differs. No federal agency takes individual complaints for private businesses. Enforcement relies on DOJ pattern-or-practice investigations and private lawsuits. Plaintiffs can obtain injunctive relief (forcing compliance) but not monetary damages under Title III in most circuits—though some state disability laws add damage provisions.

Building a Compliance Framework

Reacting to complaints costs more than proactive compliance. Businesses that embed ADA awareness into operations avoid the litigation cycle.

Designate an ADA coordinator responsible for accommodation requests and facility audits. Train managers on the interactive process—most EEOC charges stem from managers who denied accommodation requests without engaging in dialogue. Conduct annual accessibility audits of both physical locations and digital properties. Document every accommodation request, discussion, and outcome in writing. Small investments in compliance prevent six-figure legal costs and, more fundamentally, ensure that the 42 million Americans living with disabilities can access the goods, services, and employment opportunities the ADA was designed to guarantee.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction. Consult a qualified attorney for guidance on your specific situation.