Website accessibility ensures that all users, including those with disabilities, can access, navigate, and interact with digital content without barriers. It adheres to the Web Content Accessibility Guidelines (WCAG), ensuring websites are perceivable, operable, understandable, and robust according to the POUR principles.
Globally, people with disabilities have an estimated $1.9 trillion in disposable income. When combined with their family and friends, the number jumps to $8 trillion, showcasing the immense potential of the accessible market.
UsableNet’s 2024 Year-End Digital Accessibility Lawsuit Report underscores the growing urgency for businesses to address website accessibility. Accessibility-related lawsuits in the United States have risen significantly, with 2,400 federal cases and 1,600 state court cases filed in 2024. Notably, New York and California together accounted for 40% of all cases, reflecting a substantial increase in state-level filings.
Alarmingly, settling one lawsuit doesn’t guarantee immunity, as separate plaintiffs can file independent claims. This trend is highlighted by a 143% increase in companies facing multiple lawsuits, a pattern that often persists until a comprehensive accessibility solution is implemented.
For businesses, this highlights the critical need to manage website accessibility to mitigate legal risks proactively. This article delves into the essential criteria for website accessibility, common challenges businesses encounter, and actionable strategies to ensure compliance and inclusivity.
What Industry is Being Targeted Most?
According to a WebAIM study, 98% of the top 1 million websites have accessibility issues. Businesses that prioritize accessibility not only comply with regulations but also gain access to a market of over 1 billion people worldwide with disabilities.
In recent years, eCommerce websites have been the primary target, accounting for 77% of lawsuits. Other industries affected include food service (11%), education (2%), and healthcare (2%). The vulnerability of eCommerce sites stems from their complexity and frequent updates, which make maintaining accessibility a significant challenge.
- Does Website Accessibility Matter for Small Businesses (1-20 Employees)?
Yes, it absolutely matters! Even small businesses can be sued for having an inaccessible website, especially in countries like the United States and European Union, where strict digital accessibility laws are enforced.
- Can Small Businesses Be Sued for Inaccessibility?
Yes. In the U.S., the Americans with Disabilities Act (ADA) applies to businesses with a public website, regardless of size. Many small businesses have faced lawsuits for failing to meet Web Content Accessibility Guidelines (WCAG).
Small businesses continue to bear the brunt of these lawsuits. Nearly 67% of lawsuits targeted companies with less than $25 million in annual revenue, reinforcing the need for accessible design at all levels of the market.
One of the lawsuit trends is websites using accessibility overlays or widgets. According to UsableNet, 25% (1,023) of all lawsuits in 2024 explicitly cited such widgets as barriers rather than solutions. Widgets are often marketed as quick fixes for ADA compliance, but in practice, they frequently introduce new barriers while leaving underlying WCAG violations unaddressed.
Web Accessibility Laws and Regulations
Ensuring that websites are accessible to everyone, including people with disabilities, becomes obligatory. Regulations like the Americans with Disabilities Act (ADA) and Web Content Accessibility Guidelines (WCAG) are pushing businesses to provide equal access for all users. Failing to meet these standards exposes businesses to legal risks.
Adoption of WCAG 2.2 Standards
Set for full implementation by 2025, WCAG 2.2 introduces updates like enhanced focus appearance, drag-and-drop alternatives, and touch target accessibility. These changes expand WCAG 2.1, offering businesses a clear framework to create inclusive websites. Websites that follow accessibility guidelines like WCAG often perform better in search engine rankings. For example, adding descriptive alt text for images improves image search visibility, while proper heading structures help Google understand page content.
European Accessibility Act (EAA) Implementation
Effective June 2025, the EAA extends accessibility requirements to private-sector services in the EU, including e-commerce and banking. Aligning with WCAG 2.1 Level AA, it introduces new obligations for industries like transport and telecommunications.
Regulations in the United States: The Americans with Disabilities Act (ADA)
In the U.S., the ADA is a key driver for digital accessibility. Recent DOJ updates confirm WCAG 2.1 Level AA as the minimum compliance standard. Businesses failing to meet these requirements risk lawsuits, fines, and reputational damage.
Where To Start
Conduct an Accessibility Audit
Start by evaluating your website’s current accessibility level. Automate tools like WAVE or Axe can be used to identify common issues. You can also try the UserWay plugin. An audit provides a baseline for improvements. However, even the best software can only detect a fraction (3%-40%) of WCAG issues. You can do the audit manually by yourself or with the help of your employees. A great idea is to incorporate individuals with disabilities into your accessibility testing. Also, you can hire seasoned accessibility professionals who can identify nuanced issues that automated tools miss and provide custom vs canned remediation guidance. Address the findings of the audit promptly.
ATTENTION! Avoid Overlay Widgets – Resist the temptation of quick fixes like accessibility overlays, as they frequently lead to more lawsuits rather than preventing them.
The main criteria for assessing basic Accessibility:
- Text contrast
- Alt text for all images
- Accessible text for all hyperlinks
- Text labels for all buttons
- Text labels for form fields
- Programmatically define the primary language
- Free from errors in the page code
- Quick navigation to the main content
- Keyboard focus marking
- Keyboard Control Support
To address Accessibility challenges manually:
- Use keyboard – managing the site using the keyboard without a computer mouse or touchscreen
- Screen reader – check if the website can be read with a screen reader
- Increase the text up to 200% and add up to 75% – The site is getting bigger without tinkering with the layout, the basis of the function is being lost to waste
- Check how the touch screen works
Monitor and maintain Accessibility
Accessibility is an ongoing process. Use automated tools for routine monitoring and schedule annual manual audits to ensure continued compliance as your website evolves.
Document your efforts
Keep detailed records of your accessibility audits, remediation efforts, and policies. This documentation can demonstrate your commitment to accessibility in case of legal challenges.
Let’s Sum It Up
Website accessibility is no longer optional for businesses in 2025. With new regulations like the European Accessibility Act and the adoption of WCAG 2.2 standards, businesses must embrace accessibility as a priority. While challenges such as high costs, dynamic content, and lack of expertise can complicate compliance, adopting a proactive approach can mitigate these risks.
Many business owners are unaware of accessibility regulations. You can start by checking your website’s accessibility in-house to identify major gaps. However, without expertise, implementing solutions that meet technical standards like WCAG 2.2 can be challenging.
Outsourcing is a great solution. Partnering with an experienced web development company can provide the expertise needed to meet regulatory standards. They can offer tailored solutions based on your industry and audience. You will get access to the latest expertise and tools. Making a website accessible during its design phase costs 30% less than retrofitting it after complaints or lawsuits, according to web design studies. Proactive accessibility efforts save businesses money in the long run. By prioritising accessibility, companies can not only meet legal obligations but also create a better user experience for all. It looks like a win-to-win strategy!
If you need help from sustainable and reliable partners – the WEB4PRO team is here to help! Just fill out our simple form here – “Accessibility 2025”, and we will prepare a tailored Accessibility optimising plan for your company website.