Someone forwards you a link with the note “DOJ says we have to do this.” You click through to a government page, skim a few headings, and come away unsure whether you just read a law, a rule, a suggestion, or a warning. That uncertainty is understandable, because the document is none of the first two.
This post explains the DOJ website accessibility guidance in plain words: what the page actually says, what it asks of businesses and of state and local governments, what “flexibility” means in it, and what it leaves open. It is general information, not legal advice. For your own situation, talk to a lawyer, and read the text itself on ADA.gov, since government guidance can be revised or replaced.
Why the DOJ put out web guidance at all
The Department of Justice enforces the Americans with Disabilities Act. Two parts of that law matter for websites: Title II, which covers state and local governments, and Title III, which covers businesses open to the public. The ADA predates the web, so neither part mentions websites.
For years the department had said that ADA duties extend to what public accommodations put online. What was missing was one plain document a city clerk or a shop owner could read in a sitting. The DOJ published that in March 2022 under the title “Guidance on Web Accessibility and the ADA,” and it addresses both audiences.
The page is still on ADA.gov, dated March 18, 2022. It now carries a note at the top: it does not reflect the requirements for state and local governments that the DOJ published in the Federal Register on April 24, 2024. Keep that note in mind if you work in government; more on it below.
What the DOJ website accessibility guidance says
Stripped down, the guidance makes a handful of points. Read the page yourself to confirm them; it is written for non-specialists.
- Websites are part of the picture. In the DOJ’s view, the ADA’s duty not to shut people with disabilities out of goods, services and programs reaches what businesses and governments offer online.
- Ordinary design choices can keep people out. It explains in general terms how people with disabilities use the web and how common design decisions get in their way.
- Common barriers are named. It lists six kinds of barrier, covered in the table below.
- Businesses have flexibility in how they comply. The page does not prescribe a single method for them.
- Existing standards help. It points to the Web Content Accessibility Guidelines (WCAG) and the federal Section 508 standards as helpful guidance for getting there.
It also says plainly that guidance documents have no legally binding effect. That one sentence answers the question most people arrive with.
The barriers it names, translated to a real site
For an owner, the barrier list is the part to act on. The first column follows the guidance; the other two are our translation to a typical business or government site.
| Barrier the guidance describes | How it shows up | What fixing it involves |
|---|---|---|
| Poor color contrast | Pale gray text, white text on a light brand color, text over busy photos | Adjusting theme colors until body text reaches a 4.5:1 ratio (3:1 if large) |
| Using color alone to give information | Required fields marked only in red, a chart with a color-only legend | Adding text, symbols or patterns alongside color |
| Images without text alternatives | A screen reader announces “image” or a file name on a photo that carries meaning | Writing alt text for informative images, empty alt for decorative ones |
| Videos without captions | A welcome video or how-to clip with speech and no accurate captions | Adding and correcting captions on every video with speech |
| Inaccessible online forms | Fields with no labels, errors that are not announced, timed sessions with no warning | Proper labels, clear error text, accessible CAPTCHA alternatives |
| Mouse-only navigation | Menus that open on hover only, buttons the Tab key never reaches | Making every control usable from the keyboard, with a visible focus outline |
None of these require a specialist to spot. If you would like an everyday list to work through, our accessibility checklist for small businesses covers the same ground in owner-friendly terms.
What “flexibility” means, and what it does not
The word that gets quoted most from the guidance is flexibility. Some owners read it as “do whatever you like.” That is not what it says.
The flexibility is about method. The guidance does not require one technical standard for businesses, and it does not prescribe tools, vendors or a checklist. It points to WCAG and the Section 508 standards as helpful guidance. Nothing in it suggests that a site people with disabilities still cannot use would be acceptable, so judge your approach by the result.
In practice, that flexibility pushes most organizations toward WCAG anyway. If you ever need to show that your approach works, the most widely understood way is to name WCAG 2.2 Level AA as your yardstick and show what you fixed against it. Inventing your own standard gives you nothing to point to. Our post on how ADA duties and WCAG criteria fit together explains why the two get mentioned in the same breath.
Does flexibility mean an overlay is fine?
The guidance names no product, so it endorses none. A toolbar that adjusts colors or font size on top of a page does not change whether the underlying menus, forms and content work with a keyboard and a screen reader. Flexibility in method does not lower the bar on results.
What the guidance does not do
Most of the confusion about the DOJ website accessibility guidance comes from expecting it to do more than it does. The guidance:
- Is not binding. By its own description, guidance has no legally binding effect. It names no required test for Title III businesses, and the DOJ has not issued a Title III web regulation that does.
- Does not set deadlines for businesses.
- Does not certify anyone. There is no DOJ approval, seal or list of compliant websites.
- Does not settle how courts read the law. Courts have differed on websites under Title III, including on businesses with no physical location. That split is the subject of our post on how Title III reaches business websites.
For state and local governments, the note at the top of the page matters. The Title II rule the DOJ published in April 2024 makes WCAG 2.1 Level AA the standard for government websites and mobile apps, and the 2022 guidance does not reflect it. The rule has its own obligations and compliance dates tied to population size; check ADA.gov for the current dates rather than relying on any summary. Our page on ADA Title II website compliance covers what it means for public bodies on WordPress.
Turning the guidance into a to-do list
If you run a business site, the guidance boils down to a practical plan:
- Take the barrier list above and check your own homepage, main service or product page, and contact or booking form against it.
- Pick WCAG 2.2 Level AA as your target, so a recognized standard sits behind your work. The W3C’s Web Accessibility Initiative has free introductions if you want background.
- Get a proper review that includes keyboard and screen reader testing, since automated scanners catch only part of the barriers.
- Fix site-wide problems in the theme and plugins first, then content.
- Keep a dated record of what you found and fixed, and give visitors a way to report problems.
Our overview of ADA expectations for business websites puts this guidance next to Title II and Section 508, and our ADA website accessibility help hub explains how audit, fixes and monitoring work together.
Frequently asked questions
Is the DOJ web accessibility guidance a law?
No. The guidance page itself says guidance documents have no legally binding effect. It explains how the DOJ views existing ADA duties for websites and sets no technical standard for businesses. The ADA is the law, and courts decide how it applies in specific cases.
Does the guidance require WCAG?
Not for businesses. It points to WCAG and the Section 508 standards as helpful guidance and says businesses have flexibility in how they comply. In practice, most businesses aim for the AA level of WCAG 2.1 or 2.2, because that is what audits and demand letters refer to.
Who is the 2022 guidance written for?
Two groups: businesses open to the public under Title III, and state and local governments under Title II. Governments should also read the April 2024 Title II rule, which the guidance page notes it does not reflect. Federal agencies work under Section 508 instead.
Where can I read the guidance myself?
It is on ADA.gov, the Department of Justice’s official ADA website, under the title Guidance on Web Accessibility and the ADA. Read it there rather than relying on summaries, because government guidance can be updated, replaced or withdrawn, and only the official site will reflect that.
If you want help applying the guidance to your own site, our ADA website compliance service page describes our process: a WCAG 2.2 AA review, repairs to the barriers it turns up, and a written record of the work. We are not lawyers; legal questions stay with yours.
Next in this series: Does a Small Business Website Need to Be ADA Compliant?
