As many of you know, I am a recent graduate of Southern New Hampshire University. I finished my Bachelor’s degree in Graphic Design with a specific concentration in Web Design. A cornerstone of my academic and professional training involved ethical design, a philosophy that prioritizes inclusivity and digital equity. As designers, we have an obligation to adhere to a code of ethics because we play a large roll in creating visuals that shape human perception. That means creating user experiences that adhere to the principles of physical and digital accessibility, focusing specifically on the Web Content Accessibility Guidelines (WCAG) to ensure that the digital landscape is navigable for individuals of all abilities.
The history of the Web Content Accessibility Guidelines reflects the internet’s growth from simple text to the mobile-first world. In 1999, WCAG 1.0 established basic rules for HTML, like adding descriptions to images. By 2008, WCAG 2.0 introduced the “POUR” principles, requiring all digital content to be Perceivable, Operable, Understandable, and Robust. These core pillars allowed the standards to stay relevant as technology evolved. Recent updates, such as WCAG 2.1 and 2.2, expanded these protections to cover smartphones, touch screens, and the specific needs of users with cognitive or motor disabilities. Today, these guidelines serve as the global standard for digital civil rights, ensuring that websites are as accessible as physical buildings.
There is an undeniable intersection of civil rights and digital infrastructure in today’s modern age. As society becomes increasingly dependent on mobile and web-based platforms for essential services, digital inaccessibility has emerged as a significant barrier to independence for millions of Americans (Grant, 2021). So the question must be asked: does digital accessibility fall under the Americans With Disabilities Act? Modern problems require modern solutions.
In April 2024, the U.S. Department of Justice (DOJ) finalized a new rule under Title II of the Americans with Disabilities Act (ADA). This rule mandates that all web content and mobile applications provided by state and local government entities must be accessible to individuals with disabilities (U.S. Department of Justice [DOJ], 2024).
The DOJ has officially adopted the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA as the technical standard for compliance (DOJ, 2024). These guidelines ensure that digital content is perceivable, operable, understandable, and robust for users with visual, auditory, motor, or cognitive impairments.
| Entity Type | Compliance Deadline |
|---|---|
| Large Entities (Pop. 50,000+) | April 24, 2026 |
| Small Entities (Pop. < 50,000) | April 26, 2027 |
Access Delayed is Access Denied
While the rule is a landmark victory, advocates like DREDF remain concerned about the lengthy implementation windows, where compliance deadlines have already been moved an additional year out. Digital barriers in telehealth, education, and government services can exacerbate health inequities and limit the fundamental right to privacy and self-sufficiency (Valdez et al., 2020; Grant, 2021).
As a graphic designer with a disability, I am excited to see the Department of Justice championing guidelines in digital spaces. However, the legal adoption of these guidelines is long overdue. With the creation of easy-to-use content management systems like WordPress and Squarespace, pretty much anyone can create a website or blog. Social media platforms and generative artificial intelligence are further blurring the lines of ethical design and digital accessibility. While I don’t necessarily expect the Mom and Pop shop promoting their business to understand the ins and outs of WCAG, I do expect hospitals and government websites that receive funding to be accessible to all. The legal adoption of WCAG presents a rare opportunity to standardize these guidelines across the board. Undoubtably this will have a trickle down effect, where equity is a focus for everyone, including the most rudimentary users.
References
Grant, S. (2021). Lessons from the pandemic: Congress must act to mandate digital accessibility for the disabled community. University of Michigan Journal of Law Reform, 55(1), 45. https://doi.org/10.36646/mjlr.55.1.lessons
U.S. Department of Justice, Civil Rights Division. (2024, April 8). Fact sheet: New rule on the accessibility of web content and mobile apps provided by state and local governments. ADA.gov. https://www.ada.gov/resources/2024-03-08-web-rule/
Valdez, R. S., Rogers, C. C., Claypool, H., Trieshmann, L., Frye, O., Wellbeloved-Stone, C., & Kushalnagar, P. (2020). Ensuring full participation of people with disabilities in an era of telehealth. Journal of the American Medical Informatics Association, 28(2), 389–392. https://doi.org/10.1093/jamia/ocaa297
I recently completed a research essay for my Bachelor program CAPSTONE and ironically, it was a deep dive on the ADA and current digital accessibility. It includes a lot more detail and personal narrative involving this topic; feel free to check it out below: