Communicating with leadership about accessibility

ADA Title 2 key points

• ADA is the Americans with Disabilities Act, which is a law that prohibits discrimination based on disability.
• Title 2 is the part of the law that applies to public entities like government agencies and universities.
• Title 2 requires that public entities must ensure that people with disabilities have equal access to their programs, services, and activities.
• It is enforced by the Department of Justice (DOJ).
• In 2024, the DOJ officially ruled that public entities are required to have accessible online content – it is a legal requirement.
• The compliance deadlines depend on the size of the entity:
  • Large entities (50,000+ people) must comply by April 24, 2026
  • Smaller entities must comply by April 26, 2027
• Public entities must comply with WCAG 2.1 Level AA (Web Content Accessibility Guidelines), which is the most common web accessibility standard.
• Some exceptions are allowed, but they’re specific. Key services and core functionality must always be accessible. Examples are:
  • Archived content not intended for active use
  • Content from third parties not controlled by the entity
  • Preexisting PDFs that are no longer in use (archived content)
• Noncompliance can result in:
  • DOJ investigations
  • Civil lawsuits
  • Consent decrees and financial penalties

Learn more in the ADA Fact Sheet. 

Why it matters to the organization

There are three reasons why accessibility matters to an organization. Leadership might resonate with or be motivated by one more than the other.

Accessible content is the right thing to do

Most importantly, there are users with disabilities who need accessible content in order to use it. Accessible content means equal access for users with disabilities. 

You could share examples found on your organization’s website where a user with a disability would face a barrier.

Risk management

With the new ADA Title 2 ruling, there is likely an increased risk from inaccessible websites and other digital content under the Americans with Disabilities Act legal requirements. If we don’t start addressing issues and establishing new processes, we are liable and could face legal consequences.

A key responsibility of leadership is risk management. With this now being a law, there is risk involved if the issues aren’t addressed and processes aren’t put into place. Approaching the conversation in this way is speaking directly to many leaders’ concerns. If leadership decides to not take action, they should understand the risk they are then taking on.

You can explain:

• Specific content areas with high and low risk
• The work options to make the most impact when it comes to lowering this risk

Business opportunity

Having accessible content looks good for the organization. It can increase brand likability, revenue, usage, or adoption.

Current state 

Explain what the current state of your content is. What did you find in the identify phase?

The plan

Leadership likes a clear plan with a gap list of what is needed to accomplish it. Be prepared to explain your next steps and what you need to accomplish it. 

This could include:

• You plan to fix it. Another way to frame this is your plan to lower the risk by tackling the most impactful content or issues.
• The two buckets of work: fixing current issues and creating processes to prevent issues.
• Potential opportunities you’ve found. Opportunities that make the work easier can really help your case with leadership.
• Asking what opportunities they can think of – people to work with, projects to get in on, etc.
• Getting a feel for their willingness to commit to the work.

Needs 

• Discuss any resources needed.
• Discuss potential policies or support needed from them.

After explaining your plan and resources required, leadership has the opportunity to define your organization’s accessibility goals and risk tolerance. Not everything will always be approved today because of budget or other organizational goals, but the conversation gives everyone clarity on what is realistic. Sometimes leadership needs to see progress before additional resources can be allocated.