We hired an external web design firm to make our website accessible under the Americans with Disabilities Act (ADA). Is every page on our site expected to be compliant? We understand that it would be important for our home page and any page referring to our products and services to be compliant, but what about pages containing only historical information and old pictures of our bank?

In our view, every page of your website should be accessible to individuals with disabilities, including those pages that contain only historical information and images.

The U.S. Department of Justice (DOJ) has indicated it believes the ADA requires the websites of private businesses to be accessible to individuals with disabilities. Although the DOJ has not yet issued final rules on accessibility standards for business websites, it has issued an Advance Notice of Proposed Rulemaking (ANPR). In its ANPR, the DOJ stated that the scope of its final rule likely will apply to “all Web content public entities make available to the public on their Web sites and Web pages, regardless of whether such Web content is viewed on desktop computers, notebook computers, smart phones, or other mobile devices.” The ANPR does not indicate that any category of web pages, such as those with only historical information, will be exempt from the accessibility requirements.

The ANPR also states that the DOJ is considering using “Version 2.0 of the Web Content Accessibility Guidelines” (WCAG 2.0), which is published by the World Wide Web Consortium, as the technical standard for business websites. We are not aware of any accessibility exception in WCAG 2.0 for web content that contains only historical information.

Finally, the DOJ has a website accessibility tool kit and a checklist for verifying compliance with the ADA. These resources were published in 2007 and are intended for state and local governments, but your institution still may find them useful in assessing and improving your website accessibility. According to the tool kit, when you set timeframes for modifying your existing web content, you should prioritize your most popular web pages — which may include your home page and other pages related to your products and services. However, the tool kit indicates that all new and existing content must be accessible to individuals with disabilities.

For resources related to our guidance, please see:

75 Fed. Reg. 43462 (July 26, 2010) (“The ADA's promise to provide an equal opportunity for individuals with disabilities to participate in and benefit from all aspects of American civic and economic life will be achieved in today's technologically advanced society only if it is clear to State and local governments, businesses, educators, and other public accommodations that their Web sites must be accessible.”)

81 Fed. Reg. 28662 (May 9, 2016) (“The Department is generally considering including within the scope of its proposed rule all Web content public entities make available to the public on their Web sites and Web pages, regardless of whether such Web content is viewed on desktop computers, notebook computers, smart phones, or other mobile devices.”)
81 Fed. Reg. 28663 (May 9, 2016) (“Based on its review of public comments and independent research, the Department is considering proposing WCAG 2.0 Level AA as the technical standard for public entity Web sites. . .”)
Web Content Accessibility Guidelines (WCAG) 2.0
ADA Best Practices Tool Kit for State and Local Governments (“Ensure that all new and modified webpages and content are accessible. . . Develop a plan for making your existing web content accessible . . . When setting timeframes for accessibility modifications to your website, make more popular webpages a priority.”)
ADA Best Practices Tool Kit for State and Local Governments – Accessibility Checklist