Having an inaccessible website is an increasing liability for your organization. 2025 isn’t over yet, and we’re on track to see a 20% rise in web accessibility lawsuits over last year.
Who’s one of the top 5 industries at risk? Education.
Education accounts for 2% of ADA lawsuits filed, more than entertainment, travel, banking, insurance, and more. Higher ed and other educational institutions are often targeted by repeat plaintiffs wanting to change best practices across an entire industry.
This isn’t a new issue either. In 2022 alone, class action lawsuits were filed against institutions such as Creighton University and UC Berkeley to ensure their online content was accessible to people with disabilities.
Web accessibility compliance isn’t just an ethical choice—it’s legally mandatory and affects your liability and reputation.
Let’s dissect the requirements.
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US Laws: ADA and Section 508
Web accessibility in the United States is, in many ways, behind the rest of the world. Private plaintiffs have carried out the bulk of compliance enforcement in these ADA lawsuits. The Department of Justice does bring cases against institutions, but that number pales in comparison.
(Honestly, web accessibility compliance is very much on your honor unless you get caught. But really, does anyone want to get caught and sued?)
Two sections of US law apply to web accessibility – ADA and Section 508.
Americans with Disabilities Act (ADA)
Passed in 1990, the ADA ensures that people with disabilities have the same rights and opportunities as everyone else. To protect those rights, accommodations may be needed.
The internet wasn’t in every home in 1990, but the ADA still applies. The Department of Justice continues to state that the ADA applies to digital assets. That means your websites, videos, learning materials, and more fall under ADA requirements.
Title II of the ADA
Publicly-funded universities and state institutions fall under Title II of the ADA. This section aims to prohibit discrimination by government and state-funded organizations.
In April 2024 the ADA added Part H, which requires public entities to ensure all their web and mobile content is accessible. Though you have until April 2026 to get into compliance, some judges have still allowed lawsuits to continue.
Want to know more about how this affects your university? I broke down everything about Title II and how it applies to your university – and what you need to do – in an article last year.
Title III of the ADA
For private institutions, your web accessibility is governed a bit differently. Not bound by Title II, you instead need to focus on Title III of the ADA.
Title III looks at private universities and their websites as places of public accommodation. Without following web accessibility best practices, your school is liable.
Though less explicitly stated, most web accessibility changes are initially implemented for government entities, then rolled out to private businesses. Once Title II goes into full effect, it’s reasonable to assume we’ll see more explicit changes to Title III (well, I’d guess after 2028…).
Section 508 of the Rehabilitation Act
As recipients of federal funding, public universities and colleges must comply with Section 508. Similar to the ADA, it requires that disabled users have equal access to technology and information.
Perhaps because it concerns federal institutions and funds, Section 508 was updated way back in 1998 to address web and digital accessibility. Specifically, you need to provide a way to get the same information no matter someone’s abilities.
While this can look like offering alternatives to the content you provide, it also means that your websites, software, electronic documents (such as PDFs), video, and other multimedia content are accessible.
Where ADA and 508 Overlap
The good news is that while there are two sets of laws that govern your need to provide accessible content, they share the same basic standards. Especially for colleges and universities, both require that your digital content follow WCAG 2.1 Level AA.
This international standard mitigates your risks and ensures equal access for students, faculty, and the public.
International Web Accessibility Laws
If your organization is based in the United States, you might think that you only need to worry about US laws. But with the internet, your website is viewable from almost anywhere in the world. That opens up some tricky legal issues.
(Minor, but probably important, reminder that I am not an attorney and what I’m saying does not constitute legal advice.)
Generally, if your organization does business in a country, you need to comply with its digital access laws. That can mean having physical locations, selling products, or offering online courses there.
You’re likely also working to recruit international students from around the world.
So, what laws do you need to be mindful of? W3C has a full list of countries’ accessibility laws, but let’s break a few down.
UK – Equality Act 2010
Fun fact – I learned web accessibility while working for the Scottish Government publisher. We had to ensure that all of the digital content we created followed the Equality Act enacted in 2010.
Under this act, organizations have to provide reasonable adjustments for individuals with disabilities. The UK requires that your digital assets follows WCAG 2.2 AA standards and that you include an Accessibility Statement on your website or mobile app.
Not following these standards can result in enforcement action from the UK government. It can also open you up to private litigation.
Canada
Enacted in 2019, Canada’s federal Accessible Canada Act applies largely to bodies that are under federal rule. The act is a work in progress, to help create standards and ensure an accessible Canada by 2040.
However, there are a few Provincial laws that might affect your institution, including Accessibility for Ontarians with Disabilities Act (AODA). This act applies to any business or entity doing business in Ontario. These organizations’ digital content must follow WCAG 2.0 AA standards or above.
EU – European Accessibility Act (EAA)
Though approved in 2019, the EAA came into effect over the summer on Jun 28, 2025. Focused on improved access and non-discrimination, the act applies to the entirety of the European Union to standardize accessibility requirements.
Much like the UK law, the EAA applies to most businesses that operate within the EU. And much like every other law we’ve covered, they require digital assets follow WCAG 2.1 AA.
Enforcement varies by country, but can include steep fines. And of course, you’re open to private litigation.
Where to Start First
Yes, that was a pretty deep discussion. Unfortunately, anything legal is going to be, but you’re probably left wondering – where do we start?
The answer? It’s time to adopt some standards in your institution.
Follow WCAG 2.1 Level AA
No matter what you’re creating – whether it’s updating your website, adding social media content, or creating downloadable resources – your digital content needs to follow WCAG (Web Content Accessibility) standards.
As we saw in our breakdown above, most US and international laws require that you follow WCAG 2.1 Level AA. Generally speaking, this means making a concerted effort to be accessible without hitting every possible standard.
Just an FYI – WCAG standards are currently at 2.2, and version 3.0 is actively being developed. Aiming for higher now may save you work in the long run.
Some of the basics of 2.1 Level AA include:
- Images have descriptive alternative text tags (ALT)
- Captions for video content
- Transcripts for audio content
- Readable color contrasts
- Websites are navigable with keyboards
- Animations don’t have more than 3 flashes per second
- Animations are pausable
- Your copy is readable
Perform an Accessibility Audit
It’s difficult to know what you’re falling short on without an in-depth analysis. That’s why whenever I’m working with a new client on accessibility, I always recommend a web accessibility audit first.
An audit allows you to identify exactly what you do well and what might be holding you back. I often see the same mistakes over and over precisely because we tend to do or teach things the same way.
Any web accessibility audit should include a mix of automated and manual testing to ensure that you’re finding all of your highest-risk issues. I always start with your highest-traffic or most complex pages. This will help you identify the biggest problems and let you create a priority action plan.
Of course, web accessibility can be complicated. Unless you have someone who’s well-versed in WCAG standards on staff, I’d recommend hiring a web accessibility expert to perform your audits and remediation.
Train Content Creators
Once your website and other digital content have been fixed, it’s essential to protect them moving forward. The best way to ensure web accessibility? Training the staff who help make changes or create digital content.
And yes, I mean your social media managers, too.
Investing in training, tools, and even standard operating procedures (SOPs) will keep your content accessible. Accessibility fails in the content creation process. Give your team what they need to succeed and maintain a compliant digital presence.
Beyond Web Accessibility Compliance
As an educational institution in the United States, you have just a few months left to get compliant with the incoming ADA standards. If you need to stress the importance of getting accessible to your administration, remind them that the April 2026 deadline has no impact on private litigation.
Even if you’re located in the United States, if you do business in or recruit in other countries, you may also need to comply with their web accessibility laws.
The great thing to remind your administration? Most of these laws require following the same level of standards – WCAG 2.1 Level AA. That means fixing it for one will protect you across the board.
To me of course, the great part of accessibility is that it’s an investment. One that not only helps your students and provides an excellent experience for them, but also improves their success, increases inclusion, and ensures that your education is available to everyone, regardless of their ability.
It’s time to take a deep look at what you’re putting out on the web and see if you’re compliant.
