The landscape of digital accessibility is shifting rapidly. What constituted acceptable compliance in 2020 is now a legal minefield in 2026. Enterprise companies, particularly those with extensive online presences and complex digital ecosystems, are increasingly finding themselves targets of accessibility lawsuits and facing significant financial and reputational damage. Ignoring accessibility isn’t just unethical; it’s a significant legal and business risk. This article explores six common accessibility mistakes leading to these consequences, outlines the evolving regulatory environment, and offers practical advice for mitigation.
The Rising Tide of Accessibility Lawsuits
Accessibility lawsuits have surged in recent years, and the trend shows no sign of slowing down. This isn't solely due to increased awareness but also to a more aggressive legal landscape. The Americans with Disabilities Act (ADA) continues to be the primary legal framework in the United States, but its application to websites and digital content has been broadened through court interpretations. The Equal Access to Justice Act (EAA) of 2026 further strengthens protections, significantly impacting businesses.
“The EAA 2026 significantly lowers the bar for proving accessibility violations, making it easier for plaintiffs to succeed in lawsuits. This is a direct response to the persistent lack of compliance observed across numerous industries.” - Legal Counsel, Digital Rights Group
Furthermore, state-level accessibility laws are proliferating, adding complexity for companies operating across multiple jurisdictions. The threat of class-action lawsuits, often triggered by a single accessibility issue impacting a large user base, is a major concern for enterprises.
1. Reliance on Accessibility Overlays
Accessibility overlays, often marketed as quick fixes, are a deceptively simple solution to a complex problem. These widgets attempt to apply accessibility features (like keyboard navigation or screen reader compatibility) after the website code has been written. While they might offer some superficial improvements, they fundamentally fail to address the root cause of accessibility issues – the inaccessible code itself.
Overlays often break functionality, introduce new errors, and create a false sense of security. They are frequently cited as evidence of a lack of good-faith effort to achieve accessibility, which can be detrimental in legal proceedings. The Department of Justice (DOJ) has publicly expressed concerns about the use of overlays, suggesting they are not a substitute for proper remediation.
In our experience, companies who believe they are compliant simply because of an overlay are often the most vulnerable to lawsuits.
2. Ignoring WCAG 2.2 Guidelines (and Failing to Plan for 3.0)
The Web Content Accessibility Guidelines (WCAG) are the internationally recognized standard for web accessibility. WCAG 2.1 has been the benchmark for years, but WCAG 2.2 was released in 2023 and is now the expected standard. Many companies are still lagging in adoption, and the anticipated release of WCAG 3.0 in 2027 will introduce further changes.
Failure to adhere to WCAG 2.2, especially regarding new criteria like accessible names for controls and requirements for color contrast, is a direct violation of accessibility best practices. More importantly, it demonstrates a lack of commitment to accessibility in the eyes of the courts and regulators. Ignoring the impending arrival of WCAG 3.0 is setting up a compliance crisis for 2027.
3. Neglecting Mobile Accessibility
With the majority of web traffic now originating from mobile devices, neglecting mobile accessibility is a critical oversight. Mobile accessibility encompasses more than just responsiveness; it requires careful consideration of touch targets, screen reader compatibility on mobile devices, and the limitations of smaller screens.
Many enterprise websites are built with complex frameworks that don’t translate well to mobile accessibility. Lack of proper viewport configuration, insufficient contrast ratios on mobile displays, and reliance on gesture-based interactions that aren't accessible via keyboard are common issues.
4. Poorly Designed Forms and Interactive Elements
Forms are a cornerstone of many enterprise websites, used for everything from customer registration to order placement. Poorly designed forms present significant barriers for users with disabilities. Issues include:
- Missing or inadequate form labels
- Unclear error messages
- Lack of proper keyboard navigation
- Inaccessible CAPTCHAs (Completely Automated Public Turing test to tell Computers and Humans Apart)
These issues not only frustrate users but also create clear legal vulnerabilities. Accessible forms require meticulous attention to detail, including proper ARIA attributes (Accessible Rich Internet Applications), semantic HTML, and clear, concise instructions.
5. Inadequate Alternative Text for Images and Visuals
Alternative text (alt text) is crucial for conveying the meaning of images and other visual content to users who cannot see them. Many enterprise websites rely on generic or missing alt text, rendering visual information inaccessible. While descriptive alt text is ideal, even simple, functional alt text is better than nothing.
The DOJ has specifically highlighted inadequate alt text as a common accessibility violation. Automated accessibility testing tools can identify missing or poorly written alt text, but manual review is essential to ensure accuracy and context.
6. Failing to Provide Accessible Video and Audio Content
Video and audio content are increasingly integral to online marketing and communication. However, without proper accessibility features, this content is inaccessible to users who are deaf or hard of hearing, or who have cognitive disabilities.
Essential accessibility features include:
- Captions for videos
- Transcripts for audio content
- Audio descriptions for videos
- Proper audio and video player controls accessible via keyboard
Many enterprise websites fail to provide these features, leading to significant accessibility barriers. The cost of adding captions and audio descriptions is often significantly less than the cost of defending an accessibility lawsuit.
Case Study: The Retailer’s Accessibility Crisis
A major national retailer faced a class-action lawsuit alleging accessibility violations on their e-commerce site. The lawsuit cited numerous issues, including inaccessible forms, missing alt text, and a reliance on an accessibility overlay. The retailer had believed the overlay provided sufficient accessibility, but the court found it inadequate and a sign of a lack of good-faith effort. The settlement cost the retailer over $1 million and required extensive remediation of their website. This case highlights the dangers of relying on superficial fixes and the importance of a comprehensive accessibility strategy.
Key Takeaways
- Accessibility is no longer optional; it’s a legal imperative.
- Accessibility overlays are not a substitute for proper code remediation.
- WCAG 2.2 is the current standard, and WCAG 3.0 is on the horizon.
- Mobile accessibility is critical for reaching a wider audience and avoiding legal issues.
- Accessible forms and multimedia content are essential for a positive user experience and legal compliance.
- Proactive accessibility measures are far more cost-effective than reactive litigation.
Next Steps
- Conduct a thorough accessibility audit: Identify existing accessibility gaps and prioritize remediation efforts. Consider using Accessio.ai, an AI-powered platform that scans code at the source level to pinpoint and automatically fix accessibility issues, unlike overlay widgets.
- Develop an accessibility roadmap: Outline a plan for achieving and maintaining accessibility compliance.
- Train your development team: Equip developers with the knowledge and skills to build accessible websites and applications.
- Integrate accessibility into your design and development processes: Make accessibility a core consideration from the outset.
- Regularly test your website: Use automated tools and manual testing to ensure ongoing accessibility.
- Stay informed about accessibility regulations and best practices: The landscape is constantly evolving.
This article provides a starting point for understanding the accessibility challenges facing enterprise companies. Proactive measures and a commitment to inclusivity are essential for avoiding costly lawsuits and creating a truly accessible digital experience for all users.