Labor & Employment Law Daily Wrap Up, EXPERT INSIGHTS—How to Make a Website Accessible and ADA Compliant, (Apr 18, 2025)

Law Firms Mentioned:Jeffer Mangels Butler & Mitchell

Organizations Mentioned:Jeffer Mangels Butler & Mitchell, LLP

By Stuart Tubis of Jeffer Mangels Butler & Mitchell LLP

Creating an accessible website is not just good for business—it's a legal imperative to comply with the Americans with Disabilities Act (ADA) and California Unruh Civil Rights Act. The Web Content Accessibility Guidelines (WCAG) 2.1 AA standards are widely recognized as the benchmark for website accessibility by US courts. This article outlines actionable steps to achieve compliance, explores whether an ordinary person can tackle this independently, and provides a cautionary note about software overlay tools that have become very popular.

Steps to Achieve WCAG 2.1 AA Compliance

Understand the POUR Principles
WCAG 2.1 is built on four core principles: Perceivable, Operable, Understandable, and Robust (POUR). These principles guide the creation of accessible websites:
- Perceivable: Ensure content is available to all senses. Add alt text to images, captions to videos, and sufficient color contrast (minimum 4.5:1 for normal text).
- Operable: Make navigation intuitive. Enable full keyboard functionality, avoid a time limits on tasks, and ensure interactive elements are easily clickable Understandable: Keep content clear and predictable. Use plain language, consistent navigation, and error identification in forms.
- Robust: Ensure compatibility with assistive technologies like screen readers by using valid HTML and ARIA landmarks where needed.
Conduct an Accessibility Audit
Start by assessing your website's current state. Use free tools like WAVE or Accessibility Checker to identify issues such as missing alt text, low contrast, or broken keyboard navigation. However, automated tools only catch a portion of accessibility problems—manual testing (e.g., navigating with a keyboard or screen reader) is still essential for a complete solution.
Implement Key WCAG 2.1 AA Success Criteria
Focus on the following Level AA requirements:
- Provide text alternatives for non-text content (e.g., images, buttons).
- Ensure a contrast ratio of at least 4.5:1 for text and 3:1 for large text or graphical elements.
- Make all functionality available via keyboard, with visible focus indicators.
- Offer captions for pre-recorded audio and video content.
- Use semantic HTML (e.g.,,, ) to improve structure and screen reader compatibility.
- Support text resizing up to 200% without loss of functionality.
Test with Real Users
Use real people implementing screen readers to test your site. Their feedback can reveal practical barriers that automated tools miss, such as confusing navigation or unclear instructions.
Document and Maintain Compliance
Publish an accessibility statement describing your company's commitment to WCAG 2.1 AA, including contact information for reporting issues. Regularly monitor and update your site as content or technology evolves to maintain compliance.

Can an Ordinary Web Developer Achieve Compliance Independently?

A skilled website developer can make a site WCAG 2.1 AA compliant on their own, but it depends on their expertise and resources. Here's a breakdown:

DIY Compliance: Developers familiar with HTML, CSS, JavaScript, and ARIA can implement accessibility features independently. Resources like the W3C's WCAG 2.1 documentation, tutorials, and free auditing tools provide ample guidance. For example, a developer can manually add alt text, adjust color contrast using online calculators, and test keyboard navigation without external help. However, this requires time to learn accessibility best practices and a willingness to perform thorough manual testing—skills not all developers possess innately.
When to Seek an Outside Specialist: For complex sites (e.g., e-commerce platforms, dynamic web apps) or developers with limited accessibility experience, an outside web developer specializing in ADA compliance can be invaluable or even necessary. These experts bring deep knowledge of WCAG standards, experience with assistive technologies, and the ability to conduct comprehensive audits and user testing. They can also provide training or remediation plans tailored to your site, saving time and reducing legal risk. The trade-off is cost—hiring a specialist can cost thousands of dollars, depending on the project scope.
Hybrid Approach: A practical middle ground is for an in-house developer to handle basic fixes (e.g., alt text, contrast) while consulting an ADA specialist for an initial audit or complex issues (e.g., screen reader compatibility, mobile accessibility). This balances cost and expertise effectively.

Ultimately, solo compliance is feasible for small, static sites with a motivated developer, but larger or dynamic projects often benefit from specialized input to ensure thoroughness and future-proofing.

Caution About Software Overlay Tools

There are currently many software overlay tools on the market that offer a purported "solution" to website accessibility, including AccessiBe, UserWay, AudioEye, Equalweb and others. They often promise quick accessibility fixes by adding a widget to your site that adjusts content for users with disabilities. While tempting for their ease and low cost, these tools should come with significant caveats:

Incomplete Solutions: In my experience, overlays often address surface-level issues (e.g., font size, contrast) but fail to fix underlying code problems, such as missing semantic structure or inaccessible forms. WCAG 2.1 AA compliance requires changes to the source code, which overlays cannot fully achieve.
False Sense of Security: Reports from accessibility advocates, like WebAIM, suggest these tools may suppress error detection in automated scans, masking real issues. This can leave websites vulnerable to lawsuits despite appearing compliant.
Legal Risks: In my experience, most of the lawsuits targeting businesses for ADA website compliance used software overlay tools. These tools did not provide effective deterrence or defense against ADA liability. In recent weeks we defended 3 businesses that have implemented overlay products.
User Experience Concerns: Some users with disabilities report that overlays interfere with their preferred assistive technologies, creating new barriers rather than removing them.

While software overlay tools are helpful, they should not be relied upon as a complete solution in my opinion. To ensure compliance, companies should invest in manual remediation or hybrid solutions (e.g., AI-assisted tools paired with human intervention).

Stuart Tubis

Jeffer Mangels Butler & Mitchell LLP

2 Embarcadero Center 5th Floor

San Francisco, CA 94111 United States

Tel.: +1 415 398 8080

E-mail: dfilice@jmbm.com

URL: www.jmbm.com/

Attorneys: Stuart Tubis (Jeffer Mangels Butler & Mitchell).

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