Your website and the ADA: what the law actually says

Small charities hear two things about website accessibility: that "the ADA requires it," and that "there's a new rule with a deadline." Both are partly true, and the details matter. This guide sets out what the U.S. Department of Justice (DOJ) and other federal agencies actually say, so you can make a sensible decision. It doesn't promise that any particular website is or isn't compliant. For the practical how-to, see the accessibility section of your first website and our guide to accessible documents.

Title III: charities that serve the public

The ADA has several parts. Title III covers "public accommodations." DOJ's ADA.gov page on Title III says "Businesses, including nonprofits, that serve the public" are public accommodations, and gives examples such as shops, private schools, doctors' offices, day care centers and gyms. The same page says Title III does not apply to religious organizations, or to private clubs, though it adds that charging membership fees doesn't automatically make an organization exempt.

What DOJ says about websites

DOJ's Guidance on Web Accessibility and the ADA, dated March 18, 2022, says the Department "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." It also says:

• There's no detailed standard. DOJ "does not have a regulation setting out detailed standards" for the websites of businesses open to the public. It relies on the ADA's general rules on nondiscrimination and effective communication.
• You have flexibility. "Businesses and state and local governments have flexibility in how they comply with the ADA's general requirements of nondiscrimination and effective communication," but they still must make sure their online programs, services and goods are accessible.
• Existing standards help. DOJ says the Web Content Accessibility Guidelines (WCAG) and the federal Section 508 Standards "provide helpful guidance concerning how to ensure accessibility of website features."
• The guidance isn't binding. DOJ describes it as technical assistance that has "no legally binding effect" and "no force or effect of law."

DOJ lists common barriers, which make a good first checklist: poor color contrast, using color alone to give information, missing text alternatives ("alt text") on images, no captions on videos, inaccessible online forms, and navigation that only works with a mouse.

So, for a charity that serves the public, DOJ's position is that your online services should be accessible. It doesn't set a specific technical standard or deadline for you. Because there's no Title III website regulation, whether a particular site meets the ADA can be a question for a lawyer, not a checkbox.

The 2024 rule is for state and local governments

In April 2024, DOJ published a rule under Title II of the ADA. Its fact sheet says the rule "applies to all state and local governments," including special purpose districts, Amtrak and other commuter authorities, and sets WCAG 2.1 Level AA as the technical standard for their web content and mobile apps.

The deadlines are for governments. DOJ's fact sheet says an interim final rule published April 20, 2026 extended them to April 26, 2027 for governments with a total population of 50,000 or more, and April 26, 2028 for those under 50,000 and special district governments.

This rule doesn't directly cover a private charity. But it can reach you through a contract. DOJ's fact sheet says state and local governments that contract with other organizations to provide public services for them, such as "non-profit organizations that run drug treatment programs on behalf of a state agency," also have to make sure their contractors follow Title II. If you deliver a program for a city, county or state agency, expect accessibility requirements in your contract, and read them.

Federal grants can bring their own rules

If your charity receives federal financial assistance, other disability laws apply, mainly Section 504 of the Rehabilitation Act. Federal agencies issue Section 504 rules for the organizations they fund.

One example: the Department of Health and Human Services (HHS). In May 2024, HHS adopted WCAG 2.1 Level AA as the standard for the web content and mobile apps of organizations that receive HHS financial assistance. HHS says its recipients include social service providers, child welfare organizations and health care providers of all sizes. An HHS interim final rule published in the Federal Register on May 11, 2026 extended the compliance dates:

If you have federal grants, from HHS or any other agency, read the terms and conditions, ask your program officer which accessibility rules apply, and plan the work before the date. Our guide on federal grants readiness covers what else comes with federal money.

A sensible plan for a small charity

None of this needs to be expensive. A plan you can defend:

1. Aim for WCAG 2.1 Level AA, or the newer WCAG 2.2. It's the standard the federal rules above use, and DOJ points to WCAG as helpful guidance.
2. Fix the common barriers first: contrast, alt text, captions, form labels, keyboard navigation and real headings. Our website guide explains each one.
3. Check your forms and donation pages. They're how people use your services and give, so they matter most.
4. Don't rely on PDFs and images of text for important information. Put it on the page as text, and make the documents you do post accessible.
5. Add an accessibility statement with a phone number and email so people can tell you about problems and get the information another way. Respond quickly.
6. Keep a short record of what you checked, what you fixed and when.
7. Read your contracts and grants for specific accessibility terms.

If you get a demand letter

Some organizations receive letters claiming their website violates the ADA. Don't ignore one, and don't pay or sign anything before you talk to a lawyer. Write down what the letter says is wrong, check those parts of your site, and fix real barriers whatever the letter's merits. Tell your board and your insurer.

Website accessibility checklist

• We know whether we serve the public, and that DOJ says Title III covers nonprofits that do
• We know the 2024 Title II rule covers governments, and whether any government contract passes it on to us
• We've checked our federal grants for Section 504 accessibility requirements and dates
• We're working toward WCAG 2.1 Level AA, starting with DOJ's list of common barriers
• Our forms and donation pages work with a keyboard and a screen reader
• We post an accessibility statement with a way to reach us
• We know to call a lawyer if we receive a demand letter