Accessibility compliance

Complying with web accessibility standards and regulations with inSuit

The W3C (World Wide Web Consortium), through its Web Accessibility Initiative (WAI) has developed the WCAG 2.1 guidelines, which are currently in force and help create digital content that is more accessible to a greater number of people with disabilities.

In the U.S., the main legal obligations regarding digital accessibility are established by the Americans with Disabilities Act (ADA), Section 508 of the Rehabilitation Act, and the WCAG 2.1 web accessibility guidelines.

Our inSuit 360™ platform will allow you to achieve web accessibility compliance and ensure that people with disabilities can access the content of your website and apps. You will comply with all standards without altering the website or requiring additional devices.

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International and local web accessibility standards and regulations:

International

WCAG Accessibility Guidelines

The Web Content Accessibility Guidelines (WCAG) from the W3C/WAI are the internationally recognized standard for web accessibility. Although not laws themselves, they are the technical framework that underpins much of the accessibility legislation worldwide, including the Americans with Disabilities Act (ADA) and Section 508 of the Rehabilitation Act in the United States.

For companies and entities, compliance with WCAG 2.1 is essential to ensure that their websites and applications are accessible to everyone, including people with disabilities. Non-compliance also carries legal, economic, and reputational risks, making adherence a critical requirement.

In the United States, non-adherence to WCAG is a key factor in discrimination lawsuits under the Americans with Disabilities Act (ADA). Although the law does not explicitly mention the WCAG guidelines, the Department of Justice (DOJ) recommended it in 2024 as the standard to follow in digital accessibility.

Failure to comply with the standard can lead to costly litigation or out-of-court settlements with substantial compensation for plaintiffs, and the obligation to invest in the full remediation of digital assets.

United States

Ley ADA (Americans with Disabilities Act)

The Americans with Disabilities Act (ADA) prohibits discrimination based on disability in all areas of public life. Today, while the law does not explicitly mention web accessibility, compliance with Title II (covering state and local government services) and Title III (covering public accommodations and commercial facilities) effectively requires adherence to WCAG 2.1 AA parameters.

This means that companies and entities must ensure that their digital platforms and businesses are accessible to people with disabilities, preventing barriers to accessing goods and services.

Non-compliance with the Americans with Disabilities Act (ADA) can lead to serious legal and brand loyalty consequences. Companies may face civil lawsuits for discrimination, which can often lead to costly litigation, significant out-of-court settlements, and the obligation to carry out extensive remediation to make their websites accessible. Penalties may include fines of up to $75,000 for the first offense and up to $150,000 for subsequent offenses.

Section 508 of the Rehabilitation Act

Section 508 of the Rehabilitation Act of 1973, amended in 1998, requires U.S. federal agencies to make their information and communications technology (ICT) accessible to people with disabilities, in harmony with WCAG 2.0 standards. This includes digital documents, websites, mobile applications, software, and hardware.

For companies bidding on federal contracts, compliance with Section 508 is an indispensable requirement to be eligible. That is, non-compliance with Section 508 can result in exclusion from these contracts, resulting in a significant loss of business opportunities.

Additionally, companies that do not comply with Section 508 may face claims and lawsuits from individuals or disability rights advocacy groups. Although there are no direct penalties like those under the Americans with Disabilities Act (ADA), corrective actions may require the company to implement clearer claims processes and accessibility improvement plans.

VPAT (Voluntary Product Accessibility Template)

The VPAT (Voluntary Product Accessibility Template) is not a law or a regulation itself, but a standardized document that describes how an information and communications technology (ICT) product or service complies with the accessibility standards of Section 508 of the Rehabilitation Act.

It is a key tool for ICT providers to demonstrate their products’ compliance to U.S. federal agencies, facilitating the procurement process. For companies seeking federal contracts, submitting an up-to-date and accurate VPAT is essential to be considered.

If a product or service is found to be non-compliant with the accessibility claims in its VPAT, the agency may withdraw from the contract, which would result in significant financial losses and irreparable damage to the company’s reputation in public procurement.

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Do you want your website to meet digital accessibility compliance?

Discover everything that inSuit 360™ can do for your website. With a four-phase process, you will easily comply with digital accessibility rules and W3C (WCAG) recommendations, with a focus on the Americans with Disabilities Act (ADA) and Section 508 of the Rehabilitation Act.