ADA Title II - U.S. Language Access Compliance

What’s New With U.S. Language Accessibility Regulations?

Several updates to accessibility regulations have recently come into play, with impacts ranging from website accessibility and language translation to closed captioning and telecommunications. These updates have introduced specific guidelines that public agencies and businesses must meet. 

Here’s an overview of key regulations including ADA Title II and how they impact organizations:

ADA Title II Updates (2024 DOJ Final Rule)

The Department of Justice (DOJ) finalized an update to Title II of the Americans with Disabilities Act (ADA) in April 2024. This landmark rule directly impacts state and local government websites and mobile apps by requiring them to comply with Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. The WCAG standards ensure digital content, including text, images, and videos, is fully accessible.

Key Compliance Timelines:

• Large public entities (serving 50,000+ people): Must comply by April 24, 2026.
• Smaller jurisdictions (under 50,000 people): Have until April 26, 2027 to meet the requirements.

Agencies are tasked with auditing their websites, ensuring existing content meets the WCAG requirements, and implementing accessibility for new content. While exceptions (such as certain archived materials) exist, the overall emphasis is on creating inclusive digital platforms.

The Takeaway:

Organizations should prioritize proactive audits and updates to web content before deadlines to avoid scrambling for compliance. Beyond avoiding legal penalties, accessible websites improve user experience for everyone.

Title VI of the Civil Rights Act

Under Title VI of the Civil Rights Act, any public agency receiving federal funding must provide language assistance services to individuals with limited English proficiency (LEP). These services include offering translated documents or providing interpretation services. Title VI goes hand-in-hand with other provisions, such as Section 1557 of the ACA (Affordable Care Act), which extend these obligations to healthcare institutions and other federally funded organizations.

Practical Applications:

• A city government website, for example, should not only cater to those with disabilities (ADA compliance) but also offer content in multiple languages or provide translation on demand.
• Agencies can leverage technology, like real-time translation tools, to comply with both language accessibility laws.

The Takeaway:

Accessibility isn’t just about disability. Reaching individuals with LEP improves inclusivity and expands the reach of your services to a wider audience.

Section 1557 of the Affordable Care Act (July 2024 Revisions)

Under the revised Section 1557 of the Affordable Care Act (ACA), healthcare providers receiving federal funds are required to offer free, qualified interpreters and language assistance services to patients who don’t speak English fluently. Additionally, healthcare providers must ensure that their digital platforms are accessible to individuals with disabilities.

For example, a hospital website must support screen readers for visually impaired users and provide translated materials for patients speaking other languages.

‍The Takeaway:

‍Compliance with Section 1557 revisions is vital to ensure health equity. Providers should consider dedicated accessibility audits for their online and offline services.

FCC Closed Captioning Requirements

The Federal Communications Commission (FCC) enforces accessibility rules across media and communications. These include ensuring equal access to television and online video content for individuals who are deaf or hard of hearing.

• All televised content with captions must retain captions when distributed online, as mandated by the Twenty-First Century Communications and Video Accessibility Act (CVAA).
• Communication services such as video conferencing must accommodate participants with speech or hearing disabilities.

Beyond compliance, these rules enable businesses and government agencies to reach broader audiences with media that’s accessible to all.

‍The Takeaway:

‍If your organization produces videos for public consumption, ensure your captions meet FCC guidelines. Include accessible communication tools for live events or meetings to ensure inclusivity.

Who Needs to Comply With These Regulations?

While ADA Title II and other regulations primarily target public agencies, many private organizations are also required to adhere to accessibility standards. Here’s a quick breakdown of affected entities:

• Government (local, state, and federal): Must update websites, offer language access, and ensure inclusivity in public services.
• Businesses (e.g., healthcare providers, hospitality, financial services): Must meet ADA, Title VI, and FCC requirements where applicable.
• Education: K-12 schools receiving federal funding must provide equitable access to learning resources.
• Healthcare Providers: Face specific provisions under Section 1557, including language services and website accessibility.
• Entertainment & Media Companies: Adhere to FCC and CVAA rules for video content accessibility.

State-level regulations (e.g., California’s Unruh Civil Rights Act) also come into play, so organizations should check both federal and state requirements to ensure compliance.

The Benefits of Proactive Accessibility Compliance

Compliance with ADA Title II and other accessibility laws offer significant benefits that go beyond merely meeting legal mandates. Here are compelling reasons to adopt a proactive approach:

• Improved User Experience: Accessible websites and services are easier to use for all—even those without disabilities.
• Expanded Reach: Providing multilingual options and accessible content opens doors to new customer demographics.
• Enhanced Reputation: Businesses seen as inclusive and accessible earn greater trust and loyalty from customers.
• Competitive Advantage: Organizations investing in accessibility now are ahead of the curve when it becomes table stakes in years to come.

How to Stay Compliant (And Why You Should Act Now)

Waiting until compliance deadlines loom will only elevate stress. Here’s how your organization can start:

• Conduct an Accessibility Audit:

  • Review your website, apps, and digital content for compliance with WCAG 2.1 standards.

• Invest in AI Translation Solutions

  • Wordly allows real-time language assistance during meetings, events, and more.

• Partner with Experts:

  • Accessibility specialists or consultants can guide you through updates and ensure compliance with ADA Title II, Title VI, and FCC rules.

• Educate Your Team:

  • Train employees on accessibility best practices to create an inclusive culture.

• Monitor & Maintain:

  • Accessibility compliance is an ongoing effort. Regularly update your platforms and services to stay aligned with evolving regulations.