Accessibility law · Americas

United States WCAG 2.1 AA (ADA Title II, HHS Section 504) — Section 508 still WCAG 2.0 AA

In the United States, the standard to meet is WCAG 2.1 AA (ADA Title II, HHS Section 504) — Section 508 still WCAG 2.0 AA. It binds federal agencies, state and local governments, recipients of federal funds, and businesses open to the public. This page was reviewed against primary sources on 30 September 2026.

Standard
WCAG 2.1 AA (ADA Title II, HHS Section 504) — Section 508 still WCAG 2.0 AA
Private sector
Partly
Accessibility statement
Required
Next deadline
26 Apr 2027
Reviewed
30 September 2026
The 50 criteria All jurisdictions Checklist

Scope

Who it applies to

Federal agencies must meet the Section 508 Standards, which use WCAG 2.0 AA. State and local governments must make web content and mobile apps meet WCAG 2.1 AA from April 26, 2027 (population 50,000 or more) or April 26, 2028 (smaller entities and special districts), and HHS-funded bodies from May 11, 2027 or May 10, 2028; both dates were pushed back a year in 2026. Private businesses have no adopted technical standard, but they are sued in the thousands under ADA Title III, with WCAG used as the yardstick.

  • Public sector

    Federal executive agencies when they develop, buy, maintain or use ICT (Section 508). State and local governments, including public schools, colleges and special districts (ADA Title II). Bodies that receive federal financial assistance (Section 504); HHS has a web and app rule for its own recipients.

  • Private sector

    Partly

    No federal regulation sets a web standard for private businesses. ADA Title III covers businesses open to the public, such as shops, restaurants, hotels and doctors' offices, and courts apply it to websites and apps; the Ninth Circuit held in 2019 that it reaches Domino's website and app. Hospitals, clinics and other private bodies that take HHS funds must meet WCAG 2.1 AA under the HHS Section 504 rule. The CVAA covers makers and providers of communications equipment and services such as messaging, VoIP and video conferencing.

Coverage

What it covers

Websites are only part of it. Each tile says whether these rules reach that kind of product, with the detail.

  • Websites

    Covered

    WCAG 2.1 AA for state and local governments and HHS recipients; WCAG 2.0 AA for federal agencies; no set standard for businesses

  • Mobile apps

    Covered

    The Title II and HHS rules cover mobile apps; Section 508 covers federal software

  • Documents

    Covered

    Section 508 covers electronic documents; Title II covers them with an exception for older documents not in active use

  • Software

    Partly

    Section 508 covers federal software and the CVAA covers communications software; the Title II and HHS rules stop at web content and apps

  • Kiosks and terminals

    Partly

    Section 508 has hardware rules for federal ICT and the HHS Section 504 rule has a kiosk subpart; Title II sets no kiosk standard

  • Public procurement

    Covered

    Section 508 applies to ICT federal agencies buy; Title II covers content provided through contracts and licenses

Timeline

Deadlines

Next: 26 Apr 2027. State and local governments with a total population of 50,000 or more must meet WCAG 2.1 AA on web content and mobile apps.

Dates move, so check the linked source before you plan around one.

  1. 18 Jan 2018 In force

    Revised Section 508 Standards apply to federal ICT: WCAG 2.0 Level A and AA for web content, documents and software.

    Source

  2. 20 Apr 2026 In force

    DOJ interim final rule takes effect, moving both ADA Title II compliance dates back one year; the WCAG 2.1 AA standard is unchanged.

    Source

  3. 7 May 2026 In force

    HHS interim final rule takes effect, moving both Section 504 web and app compliance dates back one year.

    Source

  4. 26 Apr 2027 Upcoming

    State and local governments with a total population of 50,000 or more must meet WCAG 2.1 AA on web content and mobile apps.

    Source

  5. 11 May 2027 Upcoming

    HHS funding recipients with 15 or more employees must meet WCAG 2.1 AA.

    Source

  6. 26 Apr 2028 Upcoming

    Public entities under 50,000 population and all special district governments must meet WCAG 2.1 AA.

    Source

  7. 10 May 2028 Upcoming

    HHS funding recipients with fewer than 15 employees must meet WCAG 2.1 AA.

    Source

Instruments

The law in the United States

6 laws, rules and rulings, oldest first. Each links to its primary source.

Every fact points at a primary source. Dates move, and several moved in 2025 and 2026, so check the source before you rely on one.

  1. 1990

    ADA Title III

    42 U.S.C. 12181–12189 — public accommodations

    Businesses open to the public must not discriminate on the basis of disability. No web standard has been adopted; DOJ's 2022 guidance says businesses can choose how to make online services accessible and points to WCAG and the Section 508 Standards as helpful guidance.

    Primary source

  2. Oct 2010

    Twenty-First Century Communications and Video Accessibility Act (CVAA)

    Pub. L. 111-260 — 47 U.S.C. 617

    Makers of equipment and software used for advanced communications services, and the providers of those services (VoIP, electronic messaging, interoperable video conferencing), must make them accessible unless that is not achievable. Complaints go to the FCC.

    Primary source

  3. 2017 · applies Jan 2018

    Section 508 Standards (ICT Refresh)

    Rehabilitation Act, 29 U.S.C. 794d — U.S. Access Board, 36 CFR 1194

    Federal agencies' ICT, including what they buy, must conform to WCAG 2.0 Level A and AA for web content, electronic documents and software, plus hardware and support requirements. Still 2.0, which is why many ACRs and VPATs read a version behind.

    Primary source

  4. Jan 2019

    Robles v. Domino's Pizza, LLC

    U.S. Court of Appeals for the Ninth Circuit, No. 17-55504

    Held that Title III applies to Domino's website and app because they connect customers to its physical restaurants, and that the lack of DOJ web regulations does not remove the duty. An order to meet WCAG 2.0 was treated as a possible remedy, not the rule itself.

    Primary source

  5. Apr 2024 · dates moved Apr 2026 Latest

    ADA Title II web and mobile app rule

    28 CFR 35.200–35.205 — DOJ final rule, 89 FR 31320; dates amended by 91 FR 20912

    State and local governments must make web content and mobile apps they provide, directly or through contractors, meet WCAG 2.1 Level AA. In April 2026 DOJ moved the compliance dates to April 26, 2027 (50,000+ population) and April 26, 2028 (smaller entities and special districts). The duty not to discriminate continues in the meantime.

    Primary source

  6. May 2024 · dates moved May 2026

    HHS Section 504 rule, Subpart I

    45 CFR 84.84 — 89 FR 40066; dates amended by 91 FR 25507

    Recipients of HHS funding, such as hospitals, clinics, social service agencies and universities, must make web content and mobile apps meet WCAG 2.1 Level AA: from May 11, 2027 with 15 or more employees, May 10, 2028 with fewer.

    Primary source

Enforcement

Enforcement and penalties

  • Who enforces

    U.S. Department of Justice (ADA Titles II and III); HHS Office for Civil Rights (Section 504 for HHS recipients); each federal agency, against standards set by the U.S. Access Board (Section 508); the FCC (CVAA).

  • How

    Complaints to DOJ, which may investigate, refer to mediation, settle or sue; Section 508 complaints go to the agency concerned; CVAA complaints go to the FCC. Most private-sector enforcement is private lawsuits in federal and state courts.

  • Penalties

    Title III: in DOJ suits, courts can impose civil penalties of up to $50,000 for a first violation and $100,000 for later ones under the statute, adjusted for inflation to $118,225 and $236,451 for penalties assessed after July 3, 2025. Private Title III plaintiffs get court orders, not damages, under federal law. In California, an ADA violation is also an Unruh Act violation, worth at least $4,000 per offense plus attorney's fees.

  • Individuals

    Yes. People can sue under ADA Titles II and III and Section 504, complain to DOJ or HHS, or file a Section 508 complaint with the federal agency. One law firm counted 3,117 federal website accessibility suits under Title III in 2025, up 27% on 2024, not counting state courts.

Accessibility statement

A statement is required

Required

Federal agencies must keep a digital accessibility statement on their websites under OMB memo M-24-08, linked from the footer. It must list the standards applied and known limits, a Section 508 contact, a way to report problems, how to file a Section 508 complaint, reasonable accommodation and relay service information, links to policies, and the date last reviewed. The Title II and HHS rules do not require a statement, and private businesses have no statement duty.

Exemptions

What is exempt

Exemptions are narrow and usually have to be claimed and explained, not assumed.

  • Title II and HHS rules: archived web content kept only for reference and not changed since archiving
  • Preexisting conventional electronic documents, unless they are still used to apply for or take part in a service
  • Content posted by third parties who are not acting under a contract or other arrangement with the entity
  • Individualized, password-protected documents about one person, property or account
  • Social media posts made before the compliance date
  • Fundamental alteration or undue financial and administrative burden (Title II, Section 504); undue burden (Section 508)
  • Section 508: non-web documents are excused from four WCAG criteria (2.4.1, 2.4.5, 3.2.3, 3.2.4)
  • CVAA: duties apply only where accessibility is achievable with reasonable effort or expense

The standard

What WCAG 2.1 Level AA asks for

50 success criteria: 30 at Level A and 20 at Level AA. 4.1.1 Parsing counts in this version, but WCAG 2.2 removed it as obsolete, so it has no page here.

1. Perceivable

2. Operable

3. Understandable

4. Robust

Beyond the law

6 Level A and AA criteria in WCAG 2.2 that these rules do not require yet. Meeting them now costs little and is where the rules are heading.

Meeting it

Where to start

The standard named here is WCAG 2.1 Level AA.

  1. Audit your pages against WCAG 2.1 Level AA: 50 success criteria at Level A and AA.
  2. Check text and control contrast in the Contrast Checker.
  3. Run the URL Analyzer for the problems a machine can find, then test with a keyboard and a screen reader.
  4. Publish an accessibility statement that says what does not meet the standard yet, and how to report a problem.
  5. If you sell to the public sector, document conformance in an accessibility conformance report, such as a VPAT or an EN 301 549 statement.
  6. Work through the Accessibility Checklist and keep a record of what you tested.

This is a summary to orient you, not legal advice. For a decision that matters, read the primary sources and ask a lawyer who practices there.

Questions

Common questions

  • Does the ADA require my business website to meet WCAG?

    No regulation says so. DOJ has adopted no web standard for Title III and says businesses can choose how to make online services accessible, pointing to WCAG and the Section 508 Standards as helpful guidance. But courts apply Title III to websites and apps (Robles v. Domino's, 2019), and WCAG 2.x AA is the measure used in lawsuits and settlements, so it is the practical target.

  • What changed in 2026?

    DOJ (April 20) and HHS (May 7) issued interim final rules that moved every web and app compliance date back one year, to 2027 and 2028. The WCAG 2.1 AA standard did not change. DOJ says it may propose changes to the substance of the Title II rule, and the National Federation of the Blind sued in May 2026 to restore the original dates.

  • Do we have to fix every old PDF on a government site?

    Not always. Documents posted before the compliance date are excepted unless people still use them to apply for or take part in a service. Archived content, individual password-protected documents such as bills, third-party posts and older social media posts are also excepted. Anything new or updated after the date must meet WCAG 2.1 AA, and people can still ask for accessible versions of excepted content.

  • We sell software to federal agencies. Which WCAG version applies?

    Section 508 still incorporates WCAG 2.0 Level A and AA. Agencies ask for an Accessibility Conformance Report against the Section 508 Standards. State and local government and HHS-funded customers will expect WCAG 2.1 AA under the Title II and Section 504 rules.

  • Can state law add money damages?

    Yes, in some states. In California, any ADA violation is also a violation of the Unruh Civil Rights Act, which carries at least $4,000 per offense plus attorney's fees. The federal lawsuit counts also leave out state courts, where many web cases are filed.

Sources

Sources

Every fact on this page comes from one of these; the few secondary sources are marked. Reviewed 30 September 2026.

Elsewhere

Also in Americas

Other regions