By: HUB's Absence Management Team

On April 24, 2024, the U.S. Department of Justice (DOJ) published its final rule under Title II of the Americans with Disabilities Act (ADA) establishing specific technical standards for web and mobile application accessibility. With the first compliance deadline of April 24, 2026 now weeks away, state and local governments must understand their obligations and act quickly.

Who is covered

The rule applies to all state and local governments and their agencies, departments, and contractors—including public schools and universities, courts, police departments, libraries, transit agencies, public hospitals, and special purpose districts. Contractors and vendors that provide digital services on behalf of a public entity are also covered, meaning the government is responsible for ensuring third-party-managed content meets the standard.

What is required

The rule mandates that all covered web content and mobile applications meet Web Content Accessibility Guidelines (WCAG) Version 2.1, Level AA—the internationally recognized technical standard for digital accessibility. Coverage is broad and includes public-facing websites and apps, online forms and service portals, PDFs and electronic documents, payment and scheduling systems, and internal government portals used by employees.

There are five narrow exceptions: archived web content, preexisting electronic documents not actively used to access government services, content posted by unaffiliated third parties, individualized password-protected documents, and pre-compliance social media posts. Even where an exception applies, governments must still provide accessible formats to individuals with disabilities upon request.

Compliance deadlines

Deadlines are based on population per the 2020 U.S. Census:

Public Entity Compliance Deadline
Population of 50,000 or more April 24, 2026
Population under 50,000 April 26, 2027
Special district governments (all sizes)   April 26, 2027

 
For agencies that are part of a larger government—such as a city library or county health department—population is determined by the larger government they belong to.

Enforcement and legal risks

Noncompliance exposes public entities to DOJ enforcement actions, federal civil penalties, and private litigation brought by individuals with disabilities. Compliance with WCAG 2.1, Level AA does not eliminate all ADA obligations—governments must still provide effective communication and reasonable modifications to individuals who cannot access compliant content.

What public entities should do now

With the April 2026 deadline here, covered entities should prioritize the following:

  • Audit digital assets — Conduct an accessibility audit of all websites, apps, and key documents. Automated tools alone are insufficient; manual testing is also required.
  • Review vendor contracts — Ensure third-party technology providers meet WCAG 2.1, Level AA standards. Update procurement language to require accessibility compliance going forward.
  • Designate an ADA Coordinator — Assign responsibility for digital accessibility oversight across departments.
  • Establish a request process — Create a mechanism for individuals to request accessible formats for content that cannot be immediately remediated.
  • Plan for ongoing compliance — The obligation to maintain accessible digital content continues indefinitely after the compliance date.

Additional resources

View more Absence Management updates on the Absence Management Bulletins page.

NOTICE OF DISCLAIMER

Neither Hub International Limited nor any of its affiliated companies is a law or accounting firm, and therefore, they cannot provide legal or tax advice. The information herein is provided for general information only and is not intended to constitute legal or tax advice as to an organization’s specific circumstances. You should consult an attorney, accountant or other legal or tax professional regarding the application of the general information provided here to your organization’s specific situation in light of your organization’s particular needs.