What Does the Department of Justice Announcement Say (and Not Say) About Web Accessibility Regulations?

What It Says

Twice a year, United States federal agencies are supposed to inform the public about their future plans through the Unified Agenda. The Spring 2022 Unified Agenda for the DOJ (published in July) contains one key paragraph:

"The Americans with Disabilities Act (ADA) states that: no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of services, programs, or activities of a public entity, or be subjected to discrimination by any such entity (42 U.S.C. 12132). However, many websites from public entities (i.e., State and local governments) fail to incorporate or activate features that enable users with disabilities to access the public entity’s programs, activities, services, or information online.

The Department intends to publish a Notice of Proposed Rulemaking (NPRM) to amend its Title II ADA regulation to provide technical standards to assist public entities in complying with their existing obligations to make their websites accessible to individuals with disabilities."
— Spring 2022 DOJ Unified Agenda

According to the Unified Agenda, the DOJ planned to issue a Notice of Proposed Rule Making (NPRM) on public sector website accessibility in April 2023. If the agency met this goal, the public would have been able to submit comments through June 2023.

What It Doesn’t Say

The July 2022 announcement does not address private sector websites. While a final public sector rule could potentially lead to a separate rulemaking process for private sector organizations, this is purely speculative.

Additionally, the announcement does not mention technology beyond websites, even though mobile apps, kiosks, workplace software, and emerging technologies like virtual reality should also be accessible to ensure full digital inclusion. However, nothing prevents the DOJ from addressing broader technologies in its NPRM on web accessibility.

Why This Matters

The most significant takeaway from the DOJ’s 2022 announcement is its goal to help public entities comply with existing obligations under the ADA—meaning no new obligations but clearer technical standards on what is required.

Since the Web Content Accessibility Guidelines (WCAG) are widely recognized as the international standard for digital accessibility (and are already referenced by the DOJ in legal actions), there is no reason for public entities to wait for new regulations. Compliance with WCAG is essential now.

The DOJ has long required public sector websites to be accessible. For example, in July 2015, the DOJ negotiated web accessibility settlements with multiple counties across the U.S., including North Carolina, Georgia, Illinois, and Washington. The DOJ’s involvement in Title II web accessibility cases extends even further back—its first official guidance on Accessibility of State and Local Government Websites was published in 2003.

Will the DOJ’s Promise of ADA Title II Web Access Regulations Be Fulfilled?

I am optimistic. As I discuss in my book, Structured Negotiation: A Winning Alternative to Lawsuits, optimism is essential for progress in digital accessibility. However, optimism must be balanced with realism.

A History of Delayed Web Accessibility Regulations

We have been here before. In July 2010, the DOJ published Advanced Notices of Proposed Rulemaking (ANPRM) on several disability-related issues, including web accessibility regulations for both public and private sector websites. However, three of the four proposed regulations from that time were never finalized.

At the time, the DOJ stated:

"The Department of Justice is considering revising the regulations implementing Title III of the Americans with Disabilities Act (ADA) to establish requirements for making the goods, services, facilities, privileges, accommodations, or advantages offered by public accommodations via the Internet, specifically at sites on the World Wide Web (Web), accessible to individuals with disabilities. The Department is also considering revising the ADA's Title II regulation to establish requirements for making the services, programs, or activities offered by State and local governments to the public via the Web accessible."
— 2010 DOJ Web Accessibility ANPRM

In January 2011, I testified at a public hearing about the importance of these web accessibility regulations. My testimony included:

"Remember that every limitation, every month of delay, every exception that you build into the regulations is a ‘Do Not Enter’ sign perched on the side of the information highway."
— Lainey Feingold's Testimony on 2010 Web Regulations

But the delays continued. In July 2014, I wrote an article titled "More Delay for DOJ Web Regs – Does It Matter?" and concluded that it did not matter, as legal cases were still progressing without the need for regulations.

Unfortunately, after six more years of delays, the 2016 election resulted in the new administration removing all pending ADA regulations, including web accessibility rules.

Why Accessibility Regulations Are Essential

Despite legal progress in holding organizations accountable for digital accessibility, clear and enforceable regulations are still needed. As my colleague Chancey Fleet says:

"We need accessibility regulations just as we need a plumbing code. Everyone in the field needs something specific to point to. Want safe plumbing? Go here. Want disability-inclusive tech? Go there. No debate. No excuses."

This is not about blaming individuals at the DOJ Civil Rights Division—many of whom are dedicated to advancing accessibility. Rather, it is about recognizing that bureaucracy and politics can cause delays. Still, I remain hopeful that the current administration will finally issue formal web accessibility regulations.

Updates to This Article

January 9, 2023 Update

In early January 2023, the US Department of Justice published its Unified Agenda for Fall 2022. This official federal document updates the Spring 2022 Unified Agenda discussed in this article.

Find the Fall 2022 DOJ Unified Agenda on Web Accessibility here:
🔗 DOJ Web Accessibility Rule - Fall 2022 Unified Agenda

Key Changes in the Fall 2022 Agenda:

• The Notice of Proposed Rule Making (NPRM) is now scheduled for May 2023 (delayed from April 2023).
• The public comment period will now close in June 2023 (delayed from May 2023).
• A new “Alternatives” section states that the DOJ will consider multiple approaches to ensuring full web accessibility for state and local governments.
• A new "Risks" section highlights the consequences of inaccessible government websites for people with disabilities.

The DOJ regulation has been assigned Regulation Identifier Number (RIN) 1190-AA79. You can search for this RIN number to track future updates.

Conclusion

Despite past delays, the need for clear, enforceable web accessibility regulations remains urgent. The law already requires digital accessibility, and WCAG remains the gold standard for compliance.

As digital accessibility advocates, we must continue pushing for regulations that remove ambiguity and ensure full digital inclusion for all.

Originally Written By: Law Office of Lainey Feingold