Your website could make you the target of a lawsuit—even if you’ve never thought about accessibility.
In recent years, due to ADA Compliance, thousands of small businesses have been hit with ADA (Americans with Disabilities Act) compliance lawsuits over their websites. Opportunistic law firms are actively scanning sites for accessibility violations, and settlement costs typically range from $5,000 to $20,000 or more, plus the expense of required website remediation. These aren’t idle threats or distant possibilities—they’re happening to businesses just like yours, right now.
The worse news? Most business owners don’t realize their website has compliance issues until they receive legal notice.
The better news? Most accessibility violations are preventable and fixable when you know what to look for and take action before problems escalate.
What Is ADA Compliance for Websites?
ADA compliance ensures your website is accessible to people with disabilities, including those who use screen readers, keyboard-only navigation, or other assistive technologies. The Web Content Accessibility Guidelines (WCAG) 2.1 Level AA serves as the technical standard most courts reference when evaluating website accessibility.
For WordPress websites—particularly those built with page builders like Divi, Elementor, Beaver Builder, or Visual Composer—accessibility can be challenging but is absolutely achievable with proper attention and maintenance.
Why the Surge in Website Accessibility Lawsuits?
The ADA was written before the internet became central to commerce, but courts have consistently ruled that websites are “places of public accommodation” covered under the law. This legal interpretation, combined with automated scanning tools that make it easy to identify non-compliant websites, has created a perfect storm for small business litigation.
Unlike traditional ADA lawsuits requiring physical visits to identify violations, lawyers can scan hundreds of websites per day from their desks. Small businesses are frequent targets because they often lack legal resources to fight back, making quick settlements financially attractive for plaintiffs’ attorneys.
The reality is stark: many of these lawsuits are designed specifically to settle out of court for a quick payday. Law firms send demand letters to dozens or hundreds of businesses simultaneously, knowing that most will choose to settle rather than face the expense and uncertainty of litigation. The cost of mounting a legal defense often exceeds the settlement amount, creating a perverse incentive structure where paying becomes the rational business decision regardless of the merit of the claim.
This doesn’t mean the accessibility issues aren’t real or that the law doesn’t apply—it absolutely does. But it does mean that proactive compliance is your best defense against becoming a target in what has become, for some firms, a volume-based litigation strategy.
The Plugin Myth: Why Accessibility Overlays Won’t Protect You
Before we go further, let’s address a dangerous misconception: accessibility overlay plugins will not make your website legally compliant.
You’ve likely seen plugins that promise “instant ADA compliance” with a toolbar widget that lets users adjust font sizes, contrast, or other display settings. These tools may seem like an easy solution, but they create a false sense of security while leaving the underlying accessibility problems untouched.
Here’s why these plugins fail:
They don’t fix your code. Missing ALT text, improper heading structure, unlabeled form fields, and broken ARIA references remain in your website’s code. Screen readers encounter the same barriers regardless of whether an overlay is installed.
Courts have rejected them as sufficient compliance. Multiple lawsuits have specifically named websites using accessibility overlay plugins, with judges ruling that these tools don’t constitute meaningful accessibility.
They can make accessibility worse. Many assistive technology users report that overlay widgets interfere with their preferred tools and settings, creating additional frustration rather than solving problems.
They don’t address content you add. Even if an overlay could magically fix existing issues (it can’t), it wouldn’t prevent new violations when staff members add content without proper ALT text or heading structure.
Real accessibility requires fixing the actual code and content of your website—there are no shortcuts. Any vendor promising “one-click compliance” is selling a product that won’t protect you legally.
Understanding WAVE and Accessibility Testing
WAVE (Web Accessibility Evaluation Tool) is a free browser extension that scans webpages for accessibility issues. It categorizes findings into three main types:
Errors are serious violations that will definitely prevent someone with disabilities from accessing your content. These are the items that create the strongest legal liability.
Contrast Errors specifically flag text that doesn’t have sufficient color contrast against its background, making it difficult or impossible for people with visual impairments to read.
Alerts identify potential accessibility issues that require human judgment. While these typically carry less legal risk, they still impact user experience and should be addressed whenever possible.
Critical Issues: Errors and Contrast Problems
Errors That Create Legal Liability
Common errors on WordPress websites include:
- Missing alternative text (ALT tags) on images
- Empty links or buttons without descriptive text
- Form inputs without proper labels
- Missing page language declarations
- Broken ARIA (Accessible Rich Internet Applications) references
Each of these errors represents a barrier that could prevent someone using assistive technology from accessing your website’s content or functionality. More importantly from a legal perspective, each error is a documented violation that can be cited in a lawsuit.
Contrast Errors
Text must meet minimum contrast ratios against its background:
- Normal text requires a 4.5:1 ratio
- Large text (18pt+ or 14pt+ bold) requires a 3:1 ratio
Many WordPress themes and page builders use subtle grays or light colors that look modern but fail these requirements. These violations are easily documented and frequently cited in lawsuits because they’re objective, measurable, and clearly defined in WCAG standards.
Important Alerts to Address
While alerts don’t always represent violations, they highlight areas needing attention:
Heading Structure
Proper heading hierarchy (H1, H2, H3, etc.) is crucial for screen reader navigation. Your page should have one H1 (typically the page title), followed by H2s for main sections, H3s for subsections, and so on—never skipping levels. Many page builders make it tempting to choose headings based on visual appearance rather than structural hierarchy, which creates navigation confusion for assistive technology users.
Alternative Text Best Practices
Images need descriptive ALT text that conveys the image’s purpose and content. Effective ALT text:
- Describes what the image shows or represents
- Omits redundant phrases like “image of” or “graphic of”
- Provides context relevant to the surrounding content
- Remains concise (typically under 125 characters)
- Is left empty (null ALT) only for purely decorative images
Avoid using the Title attribute as a substitute for ALT text—screen readers prioritize ALT attributes.
Other Common Alerts
- Redundant links: Multiple links with identical text pointing to different destinations
- Suspicious link text: Vague phrases like “click here” or “read more” without context
- Missing first-level heading: Pages without an H1
- Justified text: Can create irregular spacing that’s difficult to read
- Device-dependent event handlers: Functionality that only works with a mouse
Page Builder Limitations
WordPress page builders sometimes generate code that triggers alerts or even errors that are difficult or impossible to resolve without custom development. For example:
- Divi’s toggle and accordion modules may generate ARIA warnings
- Visual Composer and Elementor might create redundant link structures in certain layouts
- Slider plugins often lack keyboard navigation controls
When builder limitations prevent full compliance, documenting your good-faith efforts and addressing all resolvable issues becomes especially important.
The SEO and AI Search Connection
Accessibility improvements directly benefit your search engine optimization. Google’s crawlers function similarly to screen readers, so properly structured headings, descriptive ALT text, and semantic HTML help search engines understand and rank your content. Clear heading hierarchies and descriptive link text also make your content more discoverable by AI search tools that extract and cite information from websites.
The Critical Role of Ongoing Content Management
Here’s where many businesses unknowingly create compliance problems: accessibility isn’t just about your web developer’s initial build—it’s about every change made to your website afterward.
When Your Team Adds Content
If you or your staff members add blog posts, update service pages, upload images, or create new content in WordPress, each person with editing access needs to follow accessibility standards. A well-intentioned team member adding a blog post with five images but no ALT text creates five new compliance violations that could contribute to legal liability.
Establishing Internal Standards
Every business managing its own WordPress content should establish clear accessibility standards for staff, including:
- Image upload protocol: Never publish an image without descriptive ALT text
- Heading checklist: Verify each page has one H1 and logical heading progression
- Link text guidelines: Avoid “click here” and ensure link text describes the destination
- Color contrast awareness: Use approved color combinations for any custom text styling
- Content review process: Have a designated person verify accessibility before publishing
These standards should be documented and included in staff training for anyone who touches the website.
The Need for Regular Accessibility Audits
Even with excellent internal standards, regular professional audits are essential. As your website evolves through staff updates, plugin changes, theme updates, and content additions, new accessibility issues can emerge. What was compliant six months ago may have developed problems through accumulated small changes.
Quarterly or bi-annual accessibility audits allow you to:
- Catch issues introduced by staff-added content
- Identify problems from plugin or theme updates
- Verify that internal standards are being followed consistently
- Address new pages or sections added since the last review
- Stay ahead of potential legal exposure
Think of accessibility audits like financial audits—they’re not accusations of wrongdoing but rather professional verification that standards are being maintained as your business and website grow.
Developer vs. Client Responsibility
Your web developer can build an initially compliant website and establish the technical foundation, but they can’t control content added afterward by your team. Clear communication about who maintains what is essential. Typically:
- Developer responsibility: Core site structure, theme compliance, plugin functionality, technical accessibility features
- Client/staff responsibility: Content accessibility (ALT text, heading structure, link text) for any internally-added material
- Shared responsibility: Regular audits, addressing issues discovered, maintaining standards over time
The Value of an Accessibility Statement
Once you’ve addressed the errors and alerts on your website, consider adding an Accessibility Statement to demonstrate your ongoing commitment to compliance. An Accessibility Statement serves multiple strategic purposes beyond simply documenting your efforts.
It demonstrates good faith. A well-crafted accessibility statement shows you’re actively engaged with compliance rather than ignoring it entirely. This documented commitment can be valuable if you’re ever challenged legally, as it establishes a pattern of intentional effort rather than negligence.
It provides direct recourse. By including contact information for users to report accessibility issues, you give people an avenue to reach you directly rather than immediately pursuing legal action. Many users with disabilities genuinely want websites to be accessible and will appreciate the opportunity to help you improve.
It may deter opportunistic litigation. While no statement can guarantee you won’t be targeted, lawyers looking for the easiest settlements may skip websites that clearly demonstrate active accessibility maintenance in favor of businesses showing no awareness or effort whatsoever.
What to Include in Your Accessibility Statement
An effective accessibility statement should include:
- Your commitment to accessibility and which WCAG level you’re targeting (typically WCAG 2.1 Level AA)
- Known limitations such as page builder constraints or third-party integrations that create unavoidable issues
- Contact information specifically for reporting accessibility concerns, with a commitment to respond within a reasonable timeframe
- Your remediation timeline for addressing reported issues
- Audit information indicating when your last accessibility audit was performed and your schedule for ongoing reviews
- Date of the statement so it’s clear the information is current
Your accessibility statement doesn’t need to be lengthy or overly technical—clear, honest communication about your efforts and commitment is what matters. Place it in your website footer where it’s easily discoverable, typically linked alongside your Privacy Policy and Terms of Service.
Taking Action on Your WordPress Website
Don’t wait for a legal notice to take accessibility seriously. Start by running a WAVE scan on your main pages—homepage, about page, services, and contact page at minimum. Priority one is resolving all errors and contrast errors, as these represent the clearest legal liability and accessibility barriers.
Next, review alerts systematically, addressing what you can within your builder’s constraints. Focus especially on heading structure, ALT text quality, and link clarity.
If you have staff members who add content to your website, invest time in training them on accessibility basics. Create a simple checklist or standard operating procedure document they can reference when publishing new content.
Schedule regular accessibility reviews to ensure your compliance efforts remain effective as your website evolves. Whether you conduct these internally using WAVE or work with a professional to audit your site, consistent monitoring is essential.
Need help getting started? Design Formare Inc. can analyze your current accessibility status, fix errors and resolvable alerts, establish internal content standards for your team, and create a custom accessibility statement for your website.
ADA compliance isn’t a one-time project but an ongoing commitment that requires both initial remediation and continued vigilance. Protecting your business while ensuring everyone can access your website isn’t just good legal practice—it’s good business practice that expands your potential audience and demonstrates your commitment to serving all customers equally.
The time to address accessibility is now—before it becomes a costly legal problem.
Want to Learn About Other Ways To Make Your Website Inclusive?
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Maintaining Website Accessibility and Inclusivity – It’s about making the web more welcoming for everyone!
UX Design: Principles for Success – It’s more than just a nice-to-have feature; it is a crucial component of success.
