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In 2024, governments across the United States increased their prioritization of inclusivity by updating laws and establishing more precise requirements and compliance timelines for public and private entities. Legal penalties have also increased, and legal consequences include everything from lawsuits to fines and even jail time. These changes aim to modernize standards to keep pace with technology and enhance compliance structures for organizations and public entities.
U.S. National Updates
In 2024, government agencies at every level–federal, state, and local–saw updated requirements. This impacts not only government entities but also the organizations with whom they contract.
DOJ Title II Final Rule
One of the most significant updates was the Department of Justice’s (DOJ) new rule under Title II of the Americans with Disabilities Act (ADA), issued in April 2024. This rule requires public entities, such as state and local governments, to ensure that their websites, digital content, and mobile applications meet Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards. This is the first time Title II has included specific digital accessibility guidelines. Entities must comply by 2026, allowing a two-year window for preparation, audits, and necessary updates. This rule also introduces limited exceptions for archived content, third-party posts, and older social media content to acknowledge practical limitations for some digital materials. Importantly, while the DOJ adopted WCAG 2.1 instead of WCAG 2.2, it left room for future updates, indicating a commitment to staying current with evolving standards.
HHS Section 504 Final Rule
The U.S. Department of Health and Human Services (HHS) introduced a similar final rule in May 2024, impacting entities that receive federal funding under Section 504 of the Rehabilitation Act. This rule mandates that digital content, websites, and applications funded by HHS must meet WCAG 2.1 standards, ensuring accessibility for all users, including those with disabilities. Entities must comply with full implementation within either two or three years, based on employee numbers. A noteworthy addition to this rule is the specific inclusion of accessibility requirements for kiosks used in service delivery, with alternative procedures for those not directly accessible, such as providing staff assistance.
U.S. State Updates
On the state level, several states, including California, Colorado, and Illinois, updated or passed specific laws to reinforce and sometimes expand federal standards.
Colorado
In 2021, Colorado became the first state to adopt an enforceable digital law with HB21-1110, requiring all state and local governments to make digital content accessible to WCAG 2.1 standards by July 1, 2024. This year, it enacted HB24-1454, which grants public agencies an additional year—until July 2025—to meet accessibility standards, provided they demonstrate good faith efforts towards compliance. This law also requires agencies to post quarterly progress reports and establish a grievance mechanism, offering a structured approach to achieving accessibility without immediate penalties
California
Meanwhile, California has pushed forward stringent accessibility requirements that align closely with WCAG guidelines, particularly impacting state-funded projects and public service websites. These updates emphasize transparency, mandating regular audits to ensure digital resources are accessible, with penalties for non-compliance in cases where entities do not meet set standards.
California’s AB 1757 was introduced in 2023 but was amended several times into 2024. It requires any company website targeting California customers to be accessible by complying with WCAG 2.1. While the bill is temporarily on hold at the time of publication of this article, it has significant implications if and when it passes. The bill impacts any company doing business in California–even those whose headquarters are not in the state. It also has no grace period. Companies would be legally responsible for compliance immediately upon the bill’s passing. Further, web design and development companies could also be held legally responsible for producing the inaccessible content.
A newly proposed California law, SB 1486, introduced in 2024, works alongside AB 1757 to make the legal process around website accessibility clearer. Instead of requiring plaintiffs to prove that a website or digital content is “inaccessible” (which can be subjective), this law shifts the burden of proof. Plaintiffs now need to show that the defendant specifically did not meet WCAG 2.1 guidelines. Additionally, the proposed law expands to cover third-party content to which a compliant website, doing business in California, is linked. This shift to meeting a specific standard makes it easier to hold websites accountable for ensuring full accessibility.
Illinois
Illinois also updated its existing digital accessibility standard in 2024. To align with the standard referenced in the Section 508 update, Illinois now requires compliance with WCAG 2.1 for state agencies. In an update called Illinois Information Technology Accessibility Act (IITAA) 2.1, all agencies are required to ensure that “all information systems and information technologies procured, developed, substantially modified, and used by Illinois state and local governments [are] accessible to people with disabilities.”
How organizations can respond and prepare
Implications for Private Businesses: While these rules primarily address public and federally funded entities, private businesses should prepare for similar mandates. Experts believe that the DOJ will extend such requirements under ADA Title III for private entities that offer public services. These developments indicate a broader shift, pushing more organizations toward proactive accessibility planning.
Preparation for Compliance: Public and private entities should begin taking several proactive steps to ensure compliance, including conducting accessibility audits, creating archiving plans for exempted content, and developing policies for future digital accessibility. Training internal teams on accessibility best practices will also be critical.
These laws illustrate a growing national commitment to digital accessibility, with both federal and state governments enhancing oversight and clarity on compliance for public and private organizations. The year’s updates reflect a forward-looking approach that anticipates ongoing digital innovation while ensuring foundational accessibility remains in place for all users.
Nina Overdorff
Nina comes to Equidox with years of sales and marketing experience from a variety of industries and holds a BS in Language Arts Education. Nina has a passion for words, storytelling, and information, which she believes everyone should have access to regardless of ability. After spending time as a teacher with a blind student, she became much more aware of the limitations and abilities of web accessibility, and how essential it is to those experiencing disabilities. “Being able to access information equally ensures that everyone has an equal opportunity for education, employment, and success in life.”
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