Ensuring your website is accessible to all users, including those with disabilities, is not only a legal requirement in many regions but also a moral imperative to provide an inclusive digital experience.

By educating yourself on web accessibility standards and best practices, you can create a website that is usable and welcoming to everyone, enhancing user satisfaction and broadening your audience.

The Web Content Accessibility Guidelines (WCAG) 2.1, published as a W3C Recommendation on June 5, 2018, are not laws themselves, so non-compliance with WCAG 2.1 does not directly result in legal punishment. However, WCAG standards are often referenced in laws and regulations, and non-compliance with those legal requirements can lead to penalties, lawsuits, or other consequences depending on the jurisdiction and applicable laws. The timing of when non-compliance became “punishable” varies by region and legal framework, as WCAG is incorporated into different laws at different times and with varying levels of enforcement.

Below, I outline key instances where WCAG 2.1 non-compliance became enforceable under specific laws, based on available information:

United States

Americans with Disabilities Act (ADA): The ADA, enacted in 1990, does not explicitly mention WCAG but requires public accommodations, including websites, to be accessible. The U.S. Department of Justice (DOJ) has increasingly referenced WCAG 2.1 Level AA as a standard for accessibility in enforcement actions and settlements, particularly since its release in 2018.

Title II (State and Local Governments): On April 24, 2024, the DOJ issued a final rule mandating that state and local government websites and mobile apps comply with WCAG 2.1 Level AA by April 24, 2026 (for entities with populations over 50,000) or April 24, 2027 (for smaller entities). Non-compliance after these deadlines can result in legal consequences, such as lawsuits or DOJ enforcement actions.

Title III (Private Businesses): The ADA applies to commercial websites, but no specific federal regulation mandates WCAG 2.1 compliance. However, since 2018, courts and the DOJ have frequently cited WCAG 2.1 Level AA in settlements and lawsuits as a benchmark for accessibility. Non-compliance can lead to private lawsuits, with risks of monetary damages, legal fees, and court-ordered remediation. For example, the DOJ’s 2022 guidance reaffirmed that websites must be accessible, often pointing to WCAG 2.1.

Section 508 of the Rehabilitation Act:

Europe

European Accessibility Act (EAA):
Public Sector Bodies (Websites and Mobile Applications) Accessibility Regulations 2018 (UK):
- In the UK, public sector websites and apps have been required to comply with WCAG 2.1 Level AA since September 23, 2018, under these regulations. Non-compliance can lead to enforcement actions by the Government Digital Service (GDS), including public reporting or corrective orders, though fines are rare.

Canada

Accessibility for Ontarians with Disabilities Act (AODA):
- The AODA requires public and private organizations in Ontario to comply with WCAG 2.0 Level AA for websites (not yet WCAG 2.1) since January 1, 2021, for new or significantly updated sites. Non-compliance can result in fines up to $100,000 CAD per day for organizations, though enforcement is typically complaint-driven.

Other Regions

Many countries, such as Australia, Brazil, and Japan, reference WCAG in accessibility policies, but enforcement varies. For example, Australia’s Disability Discrimination Act 1992 encourages WCAG 2.1 compliance, but penalties are rare unless discrimination is proven.

Key Points

No Universal Mandate: WCAG 2.1 itself is a guideline, not a law, so “punishment” depends on its incorporation into local laws. The earliest enforceable date for WCAG 2.1 was September 23, 2018, in the UK for public sector websites.
Lawsuits and Settlements: In the U.S., private lawsuits under the ADA citing WCAG 2.1 non-compliance became common after 2018, with no specific start date but a growing trend.
Global Trend: Most jurisdictions target WCAG 2.1 Level AA, not AAA, as the compliance standard. WCAG 2.2, published in 2023, is not yet widely mandated but is backward-compatible, so compliance with 2.2 satisfies 2.1 and 2.0.
Practical Enforcement: Penalties (fines, lawsuits, or orders) typically arise from complaints or audits, not automatic enforcement. For example, U.S. ADA lawsuits often result in settlements requiring WCAG 2.1 compliance.

Recommendation

To avoid legal risks and ensure inclusivity, aim for WCAG 2.1 Level AA compliance, as it’s the most widely referenced standard globally. Here’s how to start:

Conduct an Audit: Use tools like WAVE or accessiBe’s accessScan to identify non-compliant elements on your website.
Prioritize Fixes: Address Level A and AA success criteria first, focusing on critical issues like missing alt text, keyboard navigation, and sufficient contrast.
Train Staff: Educate developers and content creators on WCAG 2.1 guidelines using resources from the W3C Web Accessibility Initiative (WAI) or training programs like those from Deque or Accessible.org.
Monitor Compliance: Regularly audit and update your site to maintain compliance, especially as laws evolve (e.g., EAA deadline in 2025). Consider platforms like PublicInput for government sites to streamline compliance.
Consult Experts: For complex sites, hire accessibility consultants or use services like Level Access or the Bureau of Internet Accessibility to ensure thorough remediation.

If you’re in a region with upcoming deadlines (e.g., EAA by June 2025 or ADA Title II by April 2026), start now to avoid last-minute penalties. For U.S. private businesses, proactive WCAG 2.1 compliance reduces lawsuit risks, as courts increasingly favor this standard.

When Did the Laws Change for Accessibility on Websites?