Guide · United States
What the ADA and WCAG mean for a small business website, what your web designer should handle, what you have to keep up yourself, and a checklist you can run this afternoon with free tools.
The rules
Two different things get mixed up: the law, which says businesses must not exclude people with disabilities, and the technical guidelines, which describe how a website does that.
The ADA. Title III of the Americans with Disabilities Act covers businesses that are open to the public, such as stores, restaurants, clinics and service providers. The Department of Justice’s guidance on web accessibility says it has consistently viewed the ADA as applying to the websites of these businesses. What the ADA does not do is name a specific technical standard for private business websites, and courts have taken different views, particularly for businesses with no physical location.
WCAG. The Web Content Accessibility Guidelines are published by the W3C’s Web Accessibility Initiative. They are organized around four principles (content must be perceivable, operable, understandable and robust) and three levels: A, AA and AAA. WCAG 2.2 is the current version and includes everything in 2.1 plus a few additions, such as larger minimum target sizes and not hiding the keyboard focus. Level AA is the usual target; AAA is not expected for whole sites.
The 2024 DOJ rule. In 2024 the Department of Justice adopted WCAG 2.1 AA as the technical standard under Title II. That rule applies to state and local governments, such as cities, counties, public schools and transit agencies. It does not apply to private businesses, although it is a useful signal of the standard regulators look to.
Federal agencies follow a separate law, Section 508, and some states have their own rules. If your situation is unusual, or you have received a complaint, speak to an attorney. Nothing on this page is legal advice.
Our part
These are the accessibility basics we design and test for on every build, with WCAG 2.2 AA as the target. We don’t issue certification, run formal audits or give legal advice.
Your part
A site that launches accessible can drift within months. Most problems on small business sites come from content added later.
Overlays
Overlay tools add a script or toolbar to your site and are often sold as one-line ADA compliance. They are tempting because they are quick. They are not a substitute for an accessible site.
An overlay sits on top of your existing code. It can change font sizes or colors for a visitor, but it cannot reliably add missing form labels, fix a menu that traps keyboard users, or describe a photo the way a person who knows your business would. Many disabled users already have their own assistive technology set up, and some report that overlays interfere with it.
The Overlay Fact Sheet, signed by hundreds of accessibility practitioners, sets out these concerns in detail. Legal complaints have also been filed against businesses that had overlays installed, so an overlay should not be treated as protection. If you already use one, the practical step is to fix the underlying site, then decide whether the widget adds anything.
Checklist
Run through it on your home page, your main service page and your contact or checkout page. Those three cover most of what customers do.
Testing
Automated tools catch a share of issues quickly, but not all of them. Pair them with a keyboard test and a short screen reader check.
| Tool | What it is good for | Cost | Limits |
|---|---|---|---|
| Keyboard test | Unplug the mouse and use Tab, Shift+Tab, Enter and Escape to move through the page and submit a form | Free | Tells you what fails, not always why |
| WAVE (WebAIM) | Browser extension that marks missing alt text, contrast errors, empty links and heading problems on the page | Free | Automated: cannot judge whether alt text is meaningful |
| axe DevTools (Deque) | Browser extension that lists WCAG issues with explanations; popular with developers | Free core version | Automated checks only in the free version |
| Lighthouse | Built into Chrome DevTools; gives an accessibility score alongside performance and SEO | Free | A high score does not mean the site is accessible |
| Screen reader spot-check | VoiceOver (Mac and iPhone), NVDA (Windows) or TalkBack (Android): listen to your home page and contact form | Free | Takes practice; start with headings and forms |
Specialists
For a small brochure site, the checklist and free tools go a long way. Bring in an independent accessibility specialist when the stakes or complexity are higher.
Possibly. Title III of the ADA covers businesses open to the public, and the Department of Justice has said it views the ADA as applying to the websites of those businesses. The law does not set a specific technical standard for private business websites, and courts have not all agreed on how it applies, especially to businesses that exist only online. This guide is not legal advice; if you need a definite answer, ask an attorney who handles ADA matters.
The Web Content Accessibility Guidelines (WCAG) at Level AA are the benchmark most people use. WCAG 2.2 is the current version from the W3C, and it builds on WCAG 2.1. Aiming for WCAG 2.2 AA covers the 2.1 requirements too.
Not directly. The Department of Justice’s 2024 rule under Title II sets WCAG 2.1 AA as the technical standard for state and local government websites and apps. It does not cover private businesses, which fall under Title III. Many businesses still treat WCAG 2.1 or 2.2 AA as the practical target.
You should not rely on one. Overlays add a toolbar or script on top of a site, but they cannot reliably fix problems in the underlying code and content, such as unlabeled forms or missing headings. Many accessibility practitioners have signed the Overlay Fact Sheet explaining why, and businesses using overlays have still received legal complaints. Fixing the site itself is the dependable route.
No, and be wary of anyone who does. We design and test our websites with WCAG 2.2 AA as the target, but we do not issue accessibility certification, run formal audits or give legal advice. If you need an independent audit, we can prepare the site for one.
If customers need the information in them, yes. A scanned menu or price list is an image that screen readers cannot read. The simplest fix is often to put the content on a web page instead. If you keep the PDF, create it from a tagged source document with real headings and text.
Videos with speech should have accurate captions, and WCAG also asks for a way to get important visual information, such as a transcript or audio description. Automatic captions are a starting point, but check and correct them before you publish.
Run a quick check whenever you add a page, upload new images or documents, or change a form, and do a fuller review at least once a year. Most problems on small business sites are introduced by content updates after launch.
Do not ignore it, and do not assume that installing a widget will resolve it. Contact an attorney who handles ADA matters, keep a record of the issues raised, and have the site reviewed by someone who can test and fix the actual problems.
Sources
Sources
Checked 25 September 2026. SIX9 Design is not affiliated with the organizations named. This guide is general information, not legal advice.
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