Designing for Inclusion: What the DOJ’s New Accessibility Rule Means for You

Nikki Kuhn

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If you’re new to accessibility, you might wonder, “DOJ, ADA, WCAG AA? What is this alphabet soup?” But no worries—I’m here to break this into easily digestible information.

What is accessibility law in America?

The Americans with Disabilities Act (ADA) is a civil rights law that protects individuals with disabilities from discrimination and ensures that these individuals have the same rights and opportunities as everyone else. This law applies to all areas of public life, including jobs, schools, transportation, and all public and private places open to the general public. The Department of Justice (DOJ) is adamant that the ADA laws also apply to the web and is steadfast in saying that the laws should keep up with our ever-changing technology.

What is this new rule?

It is a human right to have access to information. However, inaccessible apps and websites can prevent individuals with disabilities from accessing vital content. This new rule is in addition to Title II, which applies to state and local governments and specifies that apps and websites must be accessible.

“This final rule marks the Justice Department’s latest effort to ensure that no person is denied access to government services, programs, or activities because of a disability,” said Attorney General Merrick B. Garland.

For more information, visit the ADA’s fact sheet on the new rule.

Who needs to comply?

This rule applies to all programs, services, and activities state and local governments provide, regardless of size. Examples include:

• State and local government offices that provide benefits and/or social services, like food assistance, health insurance, or employment services
• Public schools, community colleges, and public universities
• State and local police departments
• State and local courts
• State and local election offices
• Public hospitals and public healthcare clinics
• Public parks and recreation programs
• Public libraries
• Public transit agencies

What if I’m a third party?

I’ve seen many proposals turned down because vendors did not understand the importance of accessibility. If you want to sell to a company that requires accessibility, you, too, must be accessible. Otherwise, that company will be at risk of being sued. I have been on both sides of this proverbial coin. For example, when choosing a software company to render our infographics, we selected the company that ensured our charts and graphs could be accessible. On the flip side, when selling our product, we provided an Accessibility Conformance Report (ACR) to help the buyer understand our commitment to accessibility.

How do I know if my app/website is accessible?

The Web Content Accessibility Guidelines (WCAG) define accessibility compliance with detailed criteria to ensure web content is accessible to individuals with disabilities. This new rule requires WCAG Version 2.1 Level AA as the technical standard for state and local governments’ web content and mobile apps.

To perform an accessibility audit, check your website or app using the guidelines mentioned above. Automated checkers can help identify areas for improvement. However, manual testing with assistive technologies, such as screen readers and keyboard navigation, is crucial to ensuring compliance. Additionally, you must pay attention to elements like color contrast, alt text for images, the logical flow of interactive components, checking PDFs for accessibility, and ensuring videos have closed captions.

How much time do I have?

Don’t panic. If you fall under this rule, you have 2-3 years to comply. If you have over 50K employees, you will have until April 24, 2026. Specialized district governments and governments with under 50K employees will have until April 26, 2027, to meet compliance. Some exceptions apply: Things like archived content, preexisting documents, and social media posts, do not need to be made accessible.

How to get started?

I understand this can feel overwhelming when you are just starting your accessibility journey, but rest assured you are making a difference. The first step is to evaluate your digital product, and if that needs to be more manageable, begin by reviewing one page. Automatic checkers only capture 20-30% of accessibility issues, but it’s still a great place to start. I am a fan of the browser extension called Accessibility Insights for Web because it walks you through the review process and provides instructions for manual checks.

Once you’ve identified the accessibility issues, combine your findings into a report. From there, you can create an action plan to prioritize and remediate issues and provide improvement recommendations. Regularly reviewing and updating your digital products based on WCAG ensures continued accessibility compliance and an inclusive user experience.

What if I’m still lost?

If this seems like an oversimplification, that’s because it is, but don’t let that stop you. When in doubt, contact an expert, upskill your teams, and dedicate time and resources to accessibility. Accessibility doesn’t happen overnight; it is an ongoing journey. And I guarantee that plenty of very passionate individuals and companies are just waiting to assist you on this journey (I know because I am one).