Exceptions Not a “Free Pass” for PDFs Under the DoJ Final Rule on Digital Accessibility

 The recently signed Department of Justice’s (DoJ) Title II Final Rule on Digital Accessibility marks a huge step towards inclusivity, requiring all state and local governments to ensure their digital content, including websites, mobile applications, and documents, meets WCAG 2.1 AA standards. With a compliance window of 2-3 years depending on the organization’s size, this rule emphasizes the importance of accessible digital environments.

Exceptions to the Final Rule on Digital Accessibility for PDFs 

While the rule does include PDFs, certain exceptions apply to documents created before the compliance date, those used solely for reference or recordkeeping, and those archived without changes. According to the Fact Sheet released by the DoJ to help understand the new regulations, the following exceptions apply to documents: All requirements must be met in order for content to be exempt.

1. The content was created before the date the state or local government must comply with this rule or reproduces paper documents or the contents of other physical media (audiotapes, film negatives, and CD-ROMs for example) that were created before the government must comply with this rule, AND
2. The content is kept only for reference, research, or recordkeeping, AND
3. The content is kept in a special area for archived content, AND
4. The content has not been changed since it was archived.

The Exceptions do not apply to all PDFs

However, many PDFs do not fall under these exceptions and must adhere to the new standards. A good rule of thumb is: if the document is actively in use or relevant to multiple individuals, it likely needs to be accessible. Here are some examples provided in the Fact Sheet associated with the Final Rule on Digital Accessibility:

• Example: City council meeting minutes created after the date the city must comply with this rule would not fall under the exception even if they are posted in the “archive” section of the city’s website. The meeting minutes would probably have to comply with WCAG 2.1, Level AA, because this content was created after the time the city had to comply with this rule.
• Example: A PDF document that includes a current map of a county park that is based on data collected after the county was required to comply with this rule would probably not fall under the exception even if the document is posted in the “archive” section of the county’s website. The PDF provides current information about the park. The exception would probably not apply, and the PDF would probably have to comply with WCAG 2.1, Level AA, because the content is not kept only for reference, research, or recordkeeping.
• Example: A state posted a PDF version of a business license application on its website in 2020. Members of the public still use that PDF to apply for a business license after the date the state has to comply with the rule. The exception would not apply to the application and it would usually need to meet WCAG 2.1, Level AA.
• Example: If a state or local government uses a company to design, manage, or update its website, the content the company posts for the government would not fall under the exception, and it would usually need to meet WCAG 2.1, Level AA. This includes PDFs. 
• Example: If the water company posts a PDF document on a password-protected website about an upcoming rate increase for all customers, the exception would not apply, and the document would usually need to meet WCAG 2.1, Level AA, because the document is not about one customer’s account.

Setting an Example for the Private Sector

The Fact Sheet provided by the DoJ highlights the necessity for state and local governments to scrutinize their digital content and ensure accessibility. By meeting these requirements, organizations can foster an inclusive environment, ensuring that all individuals, regardless of their abilities, have equal access to important information and services. As government entities prioritize accessibility, making digital content universally usable, they are setting a standard for private sectors to follow.

The 2-3 year deadline may seem like a long time, but not when you consider the hundreds or thousands of PDFs that are often stored or distributed through government websites. Contact Equidox to learn how we can help with the backlog and set up a workflow to make PDF remediation easy and achievable going forward. Need help with PDF accessibility for your organization? Equidox can help. 

Tammy Albee

Tammy Albee | Director of Marketing | Equidox Tammy joined Equidox after four years of experience working at the National Federation of the Blind. She firmly maintains that accessibility is about reaching everyone, regardless of ability, and boosting your market share in the process. "Nobody should be barred from accessing information. It's what drives our modern society."