The company that hosts our website suggested we add an “Accessibility Statement” to our website, which would encourage users to report accessibility concerns to our bank by phone, email, or letter. Do you recommend that we add such a statement to our website to comply with the Americans with Disabilities Act (ADA)?

It may be prudent to provide your customers with information on how to report website accessibility concerns to your bank — and to adopt procedures to address such concerns. Unfortunately, there are no hard and fast requirements regarding ADA website accessibility, but this appears to be a low-cost way to assist customers with disabilities in accessing your website.

The U.S. Department of Justice (DOJ) has indicated it believes the ADA requires the websites of “public accommodations” (including banks) to be accessible to individuals with disabilities. Although the DOJ has not issued final rules on website accessibility standards for public accommodations — and has withdrawn a proposed rulemaking on this subject — it affirmed in a 2018 letter that “the absence of a specific regulation does not serve as a basis for noncompliance with a statute’s requirements.”

Consequently, absent accessibility standards for public accommodations’ websites, we recommend reviewing the DOJ’s guidance on accessibility standards for state and local governments. These resources were published in 2007 and are intended for state and local governments, but we believe they are helpful for assessing and improving website accessibility.

The DOJ’s publication on “Accessibility of State and Local Government Websites to People with Disabilities” indicates that accessible websites should include a “link with contact information [that] provides a way for users to request accessible services or to make suggestions.” The DOJ also has published a tool kit and a checklist for state and local governments to verify compliance with the ADA. According to the checklist, websites should “include easily locatable information, including a telephone number and email address, for use in reporting website accessibility problems.” The checklist also indicates that state and local governments should have “procedures in place to assure a quick response to website visitors with disabilities who are having difficulty accessing information or services available via the website.”

For resources related to our guidance, please see:

ADA Rules, 28 CFR 36.101(a) (“The purpose of this part is to implement subtitle A of title III of the Americans with Disabilities Act of 1990 (42 U.S.C. 12181-12189), as amended by the ADA Amendments Act of 2008 (ADA Amendments Act) (Pub. L. 110-325, 122 Stat. 3553 (2008)), which prohibits discrimination on the basis of disability by covered public accommodations and requires places of public accommodation and commercial facilities to be designed, constructed, and altered in compliance with the accessibility standards established by this part.”)

ADA Rules, 28 CFR 36.104 (“Place of public accommodation means a facility operated by a private entity whose operations affect commerce and fall within at least one of the following categories . . . (6) A . . . bank . . .”)

U.S. Department of Justice, Letter to Congressman Ted Budd (September 25, 2018) (“The Department first articulated its interpretation that the ADA applies to public accommodations’ websites over 20 years ago. This interpretation is consistent with the ADA’s title III requirement that the goods, services, privileges, or activities provided by places of public accommodation be equally accessible to people with disabilities.”)

U.S. Department of Justice, Nondiscrimination on the Basis of Disability; Notice of Withdrawal of Four Previously Announced Rulemaking Actions, 82 Fed. Reg. 60933 (December 26, 2017) (“The Department of Justice is announcing the withdrawal of four previously announced Advance Notices of Proposed Rulemaking (ANPRMs), pertaining to title II and title III of the Americans with Disabilities Act (ADA), for further review.”)

U.S. Department of Justice, Letter to Congressman Ted Budd (September 25, 2018) (“Additionally, the Department has consistently taken the position that the absence of a specific regulation does not serve as a basis for noncompliance with a statute’s requirements. Absent the adoption of specific technical requirements for websites through rulemaking, public accommodations have flexibility in how to comply with the ADA’s general requirements of nondiscrimination and effective communication. Accordingly, noncompliance with a voluntary technical standard for website accessibility does not necessarily indicate noncompliance with the ADA.”)

U.S. Department of Justice, Accessibility of State and Local Government Websites to People with Disabilities (“Examples of Accessible Features for Websites . . . 7. A link with contact information provides a way for users to request accessible services or to make suggestions.”)

ADA Best Practices Tool Kit for State and Local Governments – Accessibility Checklist (“22. Does your website home page include easily locatable information, including a telephone number and email address, for use in reporting website accessibility problems and requesting accessible services and information? . . . 23. Do you have procedures in place to assure a quick response to website visitors with disabilities who are having difficulty accessing information or services available via the website?”)