Does my small business website need to be accessible? What the DOJ guidance says

Short answer: the U.S. Department of Justice (DOJ) says the ADA applies to the goods and services that businesses open to the public offer online. Here is what its Guidance on Web Accessibility and the ADA (March 18, 2022) actually says, in plain English, and what you can check yourself. This is a summary of a public document, not legal advice; ask a lawyer about your own situation.

What the guidance says

• Who it covers. Title III of the ADA covers "businesses that are open to the public", such as shops, restaurants, banks, hotels, medical offices and theaters. The DOJ "has consistently taken the position that the ADA's requirements apply to all the goods, services, privileges, or activities offered by public accommodations, including those offered on the web."
• No detailed rule for businesses. The DOJ "does not have a regulation setting out detailed standards" for business websites. Businesses "have flexibility" in how they make their sites accessible.
• WCAG is the reference point. The guidance names the Web Content Accessibility Guidelines (WCAG) and the Section 508 Standards as "helpful guidance".
• Separate rule for governments. A newer DOJ rule published April 24, 2024 sets technical requirements for state and local governments. It is not a rule for private businesses. See ADA.gov for details.

The barriers DOJ lists, and how to check each

1. Poor colour contrast. Check text against its background with our free colour contrast checker (4.5:1 for normal text).
2. Colour alone used for meaning. Look for "fields in red are required" and add the word "required".
3. Missing alt text on images. Use our free alt text checker, then see alt text examples.
4. No captions on videos. Turn on and correct captions for every video you post.
5. Inaccessible online forms. Every field needs a label, clear instructions and specific error messages. See accessible contact forms.
6. Mouse-only navigation. Try the ten-minute keyboard navigation test.

The guidance also mentions text zoom, real headings, and giving visitors a way to report accessibility problems. An accessibility statement with a contact email covers that last one.

What DOJ says about automated checkers

The guidance says automated checkers "can be helpful tools" but "need to be used carefully", and that "a 'clean' report does not necessarily mean everything is accessible." It recommends pairing automated checks with a manual check. That's why our reports are honest about what a scan can and can't find (see what an audit includes), and why we don't sell overlays (see overlays vs real fixes).

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This is general technical guidance, not legal advice, and it does not certify compliance with the ADA or any law.

Related guides

• 10 accessibility questions to ask your web designer (before or after you hire)
• AI-generated alt text: is it good enough? A 5-minute review checklist
• Hotel, inn, bed and breakfast and vacation rental website accessibility
• Online store accessibility: product pages, cart and checkout (keyboard and screen reader checklist)

All guides

This guide is general technical information, not legal advice. Following it does not certify ADA or any legal compliance. Automated checks find only part of accessibility barriers.