DOJ Rule Requires State and Local Governments to Make Online Services Accessible

For years, physical accessibility of buildings has been the law of the land, thanks to the Americans with Disabilities Act (ADA). Now, state and local governments’ websites and mobile apps must be accessible, as well, following the recent issuance of a final rule by the U.S. Department of Justice (DOJ).

The rule has training implications for state and local staff, who need to be aware of the regulations’ requirements. However, the effective dates are staggered two to three years from now, based on the size of the covered entity.

We’ve gathered articles on the news from SHRM Online and other outlets.

Rule’s Application

The final rule clarifies the obligations of state and local governments to make their websites and mobile apps accessible. Each day, people across the U.S. use the web and mobile apps to access public programs and services, including emergency information, courts, health care providers, schools, voting information, parking, permit applications, tax payments and transit updates, the DOJ noted. If these technologies aren’t accessible, it can be difficult or impossible for people with disabilities to access critical services.

“This final rule marks the Justice Department’s latest effort to ensure that no person is denied access to government services, programs or activities because of a disability,” said Attorney General Merrick Garland. “By issuing clear and consistent accessibility standards for state and local governments’ digital content, this rule advances the ADA’s promise of equal participation in society for people with disabilities.”

(DOJ Office of Public Affairs)

Technical Standards

The rule adopts the Web Content Accessibility Guidelines (WCAG) Version 2.1, Level AA as the technical standard for state and local governments’ web content and mobile apps. In limited situations, some kinds of content do not have to meet WCAG 2.1, Level AA. Exceptions exist for archived web content; pre-existing conventional electronic documents; content posted by a third party, unless the third party is posting due to contractual or licensing arrangements with the public entity; individualized documents that are password-protected or otherwise secured conventional electronic documents; and pre-existing social media posts.

(DOJ fact sheet)

Regulations’ Significance

“Over 30 years ago, the ADA was signed into law with a primary focus on accessibility in the physical world,” said Tony Coelho, a former congressman from California who was an original sponsor of the law. “However, as our lives have increasingly become more dependent on digital activities like banking, communication and participating in our communities, it’s clear this reach must extend online. This rule represents an important stride toward leveling the playing field and ensuring equal participation for all in our increasingly digital lives.”

(Forbes)

Employment Obligations Are Distinct

Although state and local employees should know about these regulations, compliance with the rule, which enforces Title II of the ADA, does not necessarily ensure compliance with the ADA’s Title I requirements for state and local entities in their capacity as employers.

(Federal Register)

Effective Dates

After the new rule’s publication in the Federal Register, localities with a population of more than 50,000 will have two years to ensure their websites and digital offerings comply. Areas with smaller populations will have three years to comply.

(StateScoop)

Biden’s Statement When Rule Was Proposed

When the rule was just a proposal, President Joe Biden said in a post on X, “Our administration’s new proposed web accessibility rule will improve online accessibility to state and local services for nearly 50 million people with vision, hearing, cognitive and manual dexterity disabilities.” He described the regulations as “one more step toward a more inclusive and accessible America.”

(SHRM Online)