How is the Department of Justice Addressing Website and ICT Accessibility?
Since 1996, the Department of Justice (DOJ) has been consistent in its position that the Americans with Disabilities Act (ADA) applies to web content. In 2022, DOJ published updated guidance on web accessibility and the ADA, further clarifying this position.
DOJ is one of the lead federal agencies that administers and enforces the ADA. As of February 2020, DOJ had entered into 175 settlement agreements addressing how the ADA applies to the accessibility of information and communication technology (ICT).
Through these agreements, employers and other covered entities (such as state and local governments and public accommodations) can understand DOJ priorities related to website and ICT accessibility. The agreements also clarify how employers and other covered entities can proactively comply with existing rules and guidance. While DOJ settlements only apply to the parties involved, they do offer insights into potential actions that DOJ might exact in similar situations.
Below are key areas summarized from the DOJ settlement agreements concerning the obligation of employers and other covered entities to make employment opportunities and related activities accessible to individuals with disabilities.