Who Oversees and Enforces ADA Compliance?
Understanding who enforces the ADA and how they carry out that responsibility is key to staying prepared and avoiding legal trouble. That’s exactly what we’re going to cover in this article. Keep reading to find the answers you’re looking for.
Who Enforces ADA Compliance?
Contrary to popular belief, no single agency is in charge of enforcing the Americans with Disabilities Act (ADA). Instead, ADA enforcement is split across multiple departments within the U.S. government, each handling a different aspect of the law.
Here’s a quick breakdown of who enforces what:
| ADA Compliance Area | Enforced By |
|---|---|
| Private Sector (Businesses & Nonprofits) | U.S. Department of Justice (DOJ) |
| Public Sector (State & Local Governments) | U.S. Department of Justice (DOJ) |
| Web Accessibility (Public & Private Websites) | U.S. Department of Justice (DOJ) |
| Employment | Equal Employment Opportunity Commission (EEOC) |
| Transportation | U.S. Department of Transportation (DOT) |
| Telecommunications | Federal Communications Commission (FCC) |
| Education | U.S. Department of Education |
| Healthcare | U.S. Department of Health and Human Services (HHS) |
| Accessible Design Standards | U.S. Access Board |
| General Public Complaints | U.S. Department of Justice (DOJ) |
These agencies have the authority to investigate complaints, conduct reviews, and take enforcement actions when the law isn’t being followed. This can include helping both sides reach a settlement or, in some cases, referring the issue for legal action.
What Enforcement Actions Can Happen Under the ADA?
Not following ADA rules can get expensive. The Department of Justice (DOJ) can take legal action and issue steep penalties when an organisation fails to comply.
Civil penalties:
- First violation: Up to $75,000
- Subsequent violations: Up to $150,000
Other potential costs:
- Back pay (to compensate the plaintiff for lost wages)
- Attorney fees (covering the plaintiff’s legal expenses)
- Damages for pain and suffering (in some cases, depending on the severity)
The best way to avoid these penalties is by taking ADA compliance seriously. Regular audits, accessibility testing, staff training, and prompt fixes can go a long way. Proactive steps not only avoid legal risk but also show good faith if a complaint ever does arise.
Scan your website now to catch accessibility issues before they turn into legal trouble.
How WebYes Helps You Avoid ADA Enforcement and Legal Risk
Among the many areas the ADA addresses, websites are a common source of legal trouble. WebYes helps you make your website ADA compliant. We make it easier to catch issues, fix them fast, and document your efforts before they lead to legal trouble.
With WebYes, you can:
- Scan your website for WCAG issues linked to ADA violations
- Apply AI-powered fixes to common accessibility barriers
- Track progress over time and document improvements
- Export reports to use as proof of ongoing compliance efforts
The WebYes ADA Compliance Checker identifies accessibility issues early and provides clear fixes to resolve them quickly. It’s a simple, effective way to reduce legal risk and build a more accessible website. Don’t wait for a complaint to take action – start scanning today.
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