DOJ Expected to Issue Public Entity Web Accessibility Regulations
The U.S. Department of Justice will draft web accessibility regulations for public entities this May 2023. The United States currently lacks clear legal guidelines around web accessibility standards and enforcement, for public and private entities alike. The absence of clear regulation has led to confusion and the continued proliferation of accessibility barriers online, including among online public services and government websites.
The DOJ has been signaling that web accessibility is one of its priorities for some time now. In March 2022, they released official guidance on web accessibility and the ADA. In February 2023, the DOJ and General Services Administration released a Section 508 Report on the Accessibility of Federal Electronic and Information Technology.
According to their July 2022 announcement about this upcoming rulemaking session, the Department of Justice intends to clarify technical standards for website accessibility to:
“Assist public entities in complying with their existing obligations to make their websites accessible to individuals with disabilities.”
The DOJ seems to recognize the challenges created by the current lack of clear regulation around web accessibility. Hopefully, they begin tackling the issue during the Spring 2023 rulemaking session.
This spring’s rulemaking session is expected to address web accessibility regulations for public entities. Starting with agencies and organizations covered by Title II of the ADA.
ADA Title II
Title II of the Americans with Disabilities Act applies to state and local government organizations. Including:
- Schools
- Public transit providers
- Health departments
- Emergency services
- Courts
- The DMV
- Social service agencies
The DOJ’s announcement specifically mentioned public sector websites. It isn’t clear if the first round of rulemaking addresses any other digital assets or technologies, including mobile applications and kiosks.
I’m Not in the Public Sector, So What?
Why should private businesses care? This rulemaking session will likely shed light on the DOJ’s approach to web accessibility regulation. The first round of rulemaking will not apply to private businesses. But, the DOJ is expected to address private-sector web accessibility obligations in the future.
Even if the first round of new accessibility regulations doesn’t directly apply to them, businesses should access their websites for accessibility and aim for WCAG 2.1 AA conformance in preparation for future regulation by the DOJ.
This upcoming action by the DOJ could kickstart the shift toward widespread digital accessibility. The codification of technical standards and a legal framework around web accessibility will reduce confusion. Ultimately making it easier for developers and agencies to produce and maintain accessible experiences online with confidence and clarity.
