ADA Compliance Guide

ADA vs Section 508 Compliance — Key Differences

ADA and Section 508 both address web accessibility, but they apply to different organizations and have different enforcement mechanisms. Understanding which law applies to you is the first step toward compliance.

ADA — Who It Covers

The Americans with Disabilities Act covers private businesses that are 'places of public accommodation' (Title III) and state/local government entities (Title II). If you serve the public — whether you're a restaurant, retailer, SaaS company, or local government — ADA likely applies to your website.

Section 508 — Who It Covers

Section 508 of the Rehabilitation Act applies to federal agencies and organizations that receive federal funding or do business with the federal government. This includes federal contractors, grantees, and entities using federal financial assistance. If you sell to the government, you need Section 508 compliance.

Technical Standards

Both laws point to WCAG as the technical standard. Section 508 explicitly references WCAG 2.0 AA. ADA doesn't name a specific standard in statute, but the DOJ's 2024 Title II rule requires WCAG 2.1 AA, and enforcement actions consistently use WCAG 2.1 AA as the benchmark.

Enforcement

ADA is enforced through private lawsuits and DOJ enforcement actions. Section 508 is primarily enforced through agency procurement requirements and complaints to the agency's Section 508 coordinator. However, Section 508 violations can also lead to procurement disqualification — losing government contracts.

Bottom Line

If you meet WCAG 2.1 AA, you're in good shape for both ADA and Section 508. The technical requirements are nearly identical. The difference is mainly in who's covered and how it's enforced. When in doubt, target WCAG 2.1 AA — it satisfies the requirements of both laws.

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