What is web accessibility?
Web accessibility is the practice of designing and developing websites and digital tools so they can be used by everyone, including people with visual, auditory, physical, speech, cognitive, or neurological disabilities. It ensures that digital content is perceivable, operable, understandable, and robust, often following international standards like WCAG (web content accessibility guidelines).
Why ensure your website is accessible?
It enables all users to navigate and buy from your website
Being inclusive broadens your audience and means more opportunity for sales
There are penalties (financial and reputational) if you don’t make sure your website is accessible.
Website accessibility has evolved from a niche technical consideration into a mainstream legal and commercial priority. Across both the United Kingdom and the United States, organisations increasingly face regulatory scrutiny, litigation risk, and reputational damage if their websites are found to exclude people with disabilities.
At the same time, accessibility is not simply a compliance issue. Paying attention to making your site accessible improves usability, enhances search performance, expands audience reach, and strengthens brand trust.
In practical terms, accessible websites perform better for everyone.
Understanding Website Accessibility Standards
The Role of WCAG
Most accessibility laws reference the Web Content Accessibility Guidelines (WCAG). These guidelines are developed by the World Wide Web Consortium (W3C), the international body responsible for web standards.
WCAG provides technical criteria for making web content accessible to people with:
Visual impairments
Hearing impairments
Motor impairments
Cognitive and learning disabilities
Although WCAG is not legislation itself, it serves as the recognised benchmark for accessibility compliance in both the UK and the US.
The Four Principles of Accessibility (POUR)
WCAG is structured around four foundational principles:
Perceivable – Information must be available in ways users can perceive (e.g., text alternatives for images).
Operable – Users must be able to navigate and interact with content (e.g., full keyboard access).
Understandable – Information and interfaces must be clear and predictable.
Robust – Content must work reliably with assistive technologies.
If a website fails any of these principles, it is not considered accessible.
Conformance Levels
WCAG includes three conformance levels:
Level A – Minimum accessibility requirements
Level AA – Mid-level, widely accepted legal benchmark
Level AAA – Highest standard (rarely legally required)
Most laws in both the UK and the US align with WCAG Level AA.
Website Accessibility Requirements in the United Kingdom
The Equality Act 2010
The central UK legislation governing accessibility is the Equality Act 2010.
What the Act Requires
The Act prohibits discrimination against people with protected characteristics, including disability. Organisations providing goods, facilities, or services must make “reasonable adjustments” to ensure disabled people are not placed at a substantial disadvantage.
Although the Act does not explicitly mention websites, digital services are considered part of service provision. If a website is inaccessible, it may amount to unlawful discrimination.
Who Must Comply?
The Equality Act applies to:
Private businesses
Charities
Educational institutions
Public authorities
Service providers
Unlike some jurisdictions, the UK does not limit accessibility obligations to certain sizes of business. Even small organisations may be required to make reasonable digital adjustments.
What Counts as “Reasonable”?
Reasonableness depends on:
The size and resources of the organisation
The practicality of the adjustment
The cost involved
The effectiveness of the solution
For most modern organisations, aligning with WCAG 2.1 AA is generally considered reasonable and proportionate.
Enforcement in the UK
UK enforcement tends to be regulatory and complaint-driven rather than litigation-heavy. However, claims under the Equality Act can still lead to:
Legal action
Financial settlements
Reputational damage
Mandatory remediation
The regulatory model is less aggressive than in the US but increasingly active (although more so in the public sector).
Website Accessibility Requirements in the United States
The Americans with Disabilities Act (ADA)
The principal federal law is the Americans with Disabilities Act of 1990.
Although enacted before widespread internet use, courts and regulators have interpreted it to apply to websites and digital services.
Title III – Private Businesses
Applies to “places of public accommodation,” including:
Retailers
Restaurants
Hotels
Financial institutions
Healthcare providers
Ecommerce businesses
Courts have increasingly held that websites connected to physical businesses - and often even online-only businesses - must be accessible.
Litigation Trends in the US
Unlike the UK’s regulatory model, US enforcement is largely litigation-driven.
Key characteristics:
Thousands of ADA website lawsuits filed annually
High concentration in states such as California and New York
Serial plaintiffs and law firms targeting non-compliant businesses
Settlements often include mandatory remediation and legal fees
This makes accessibility a significant risk management issue for US organisations.
State-Level Risk: California Example
California’s Unruh Civil Rights Act allows plaintiffs to seek statutory damages in addition to ADA claims.
This significantly increases financial exposure and explains why California sees a disproportionately high number of website accessibility lawsuits.
Key Differences Between UK and US Requirements
| Topic | United Kingdom | United States |
|---|---|---|
| Core Law | Equality Act 2010 | ADA |
| Public Sector Standard | WCAG 2.1 AA mandatory | WCAG 2.0/2.1 AA (via ADA & Section 508) |
| Enforcement Style | Regulatory + civil claims | Primarily litigation-driven |
| Accessibility Statement | Mandatory (public sector) | Not federally required |
| Litigation Volume | Moderate | High |
Technically, both jurisdictions converge around WCAG Level AA, but enforcement mechanisms differ significantly.
What Standard Should Organisations Aim For?
To minimise legal and commercial risk:
Align with WCAG 2.1 AA at minimum
Begin considering WCAG 2.2 updates
Maintain ongoing audits and documentation
Integrate accessibility into design systems
Accessibility is not a one-time compliance project; it is an ongoing operational commitment.
Conclusion
Website accessibility laws in the UK and US share a common technical foundation but differ in enforcement approach. The UK relies more on regulatory oversight and reasonable adjustment principles. The US relies heavily on litigation under the ADA.
However, the safest and most commercially sensible strategy in both countries is the same:
Design and maintain websites to meet WCAG Level AA standards and implement documented testing processes.
Accessibility protects your organisation legally, and improves your digital experience for everyone.
Next week we’ll be publishing our guide to testing your website’s accessibility and benchmarking its performance - so if you’re not already, make sure you’re subscribed via the link in the footer to be notified when it’s published.
