Ensuring compliance with the Americans with Disabilities Act (ADA) is a critical legal and ethical obligation for state agencies. 

For agency leaders, policymakers, and public administrators, understanding these requirements is essential to avoid significant legal, financial, and reputational damage. 

More importantly, it affirms an agency’s commitment to serving every resident equitably.

This guide moves beyond simple checklists to offer essential strategies for embedding ADA compliance into the core of agency governance, covering everything from digital accessibility and policy management to the leadership mindset required for sustained success.

Executive summary

• ADA compliance is a legal, operational, and reputational priority for state agencies.
• For leaders, the issue extends beyond facilities into policy, digital access, and service delivery.
• Treating ADA as a governance issue, not just a compliance checkbox, that protects funding (particularly federal financial assistance), reduces risk, and builds public trust.

What ADA compliance means for state and local government agencies

The general requirement of Title II of the ADA specifies that state and local governments must ensure people with disabilities benefit from and have equal access to all existing buildings, services, programs, and activities. 

While Title I places similar responsibilities on private employers, Title II ensures that state agencies meet these obligations in the public sector. In short, ADA compliance ensures people with disabilities can fully participate in public life without barriers.

Every state agency and program, irrespective of size and function, must comply with ADA. This must translate to: 

• How agencies communicate with people with disabilities 
• Timely access to policy modifications
• Making reasonable modifications and exceptions to procedures, policies, and processes for persons with disabilities (PWD), such as allowing service animals, despite a no pets policy.  
• Following specific requirements for physical and digital accessibility
• Ensuring PWD are not exempted from local government programs due to inaccessible public accommodations, buildings, or commercial facilities.
• Equitable program access

From the above, it’s clear that enshrining ADA goes beyond accessible existing facilities; it ensures that every aspect of government serves people with disabilities just as it serves those without. In view of this, state agencies must avoid the following misconceptions:

Overlooking digital policy accessibility:

Digital policy accessibility ensures PWD have equal access to policies via digital channels, such as social media, email, mobile apps, and agency websites. 

Treating ADA reviews as one-time events: 

ADA reviews or implementations are not one-time events to tick off a checklist. The reality is that ADA regulations also evolve based on feedback, particularly in response to technological advancements. For example, in 2024, the ADA published a new rule on the accessibility of web content and mobile apps. So, it’s imperative to treat ADA compliance as an ongoing obligation.

Evolving accessibility expectations 

Nothing highlights the growing expectations and sentiments towards accessibility than the rise in digital accessibility lawsuits due to unmet expectations. 

A survey by Deloitte revealed that most respondents would rather interact with government services through digital channels, with more than half of the surveyed group saying they would prefer reaching state or local government agencies via their website. 

For PWD, it’s not just a matter of convenience but also a matter of independence and belongingness. 

However, the same survey shows that only 23% of respondents frequently interact with government services through digital channels, highlighting a big gap between expectations and reality. 

Some of the issues PWD usually have with digital channels and filed claims for include:

• Poor color contrast
• Missing or incorrect image alt text 
• Inaccessible forms and checkout processes
• Keyboard navigation failures
• Missing ARIA labels and landmark roles
• Lack of focus indicators
• Popups and overlays without accessible controls
• Improper heading structures
• Inaccessible PDFs or documents

Risks of non-compliance with ADA accessibility guidelines

Non-compliance with ADA carries significant risks, chief among which are legal, financial, and reputational.  

The Department of Justice, through the Civil Rights Law Division, mainly enforces Title II of ADA, although the Federal Transit Administration (FTA) handles the transportation-related enforcement. 

When citizens file complaints against your agency, the DOJ can decide to refer the case to another federal agency overseeing the department or agency or handle it internally. 

Prescriptions from the DOJ or relevant authorities range from mediation to settlement negotiation, or filing a lawsuit against the public entity. For state agencies, these are distractions they can do without. 

Settlements, lawsuits, mediation, and potentially litigated fines can lead to financial burdens that small agencies with limited budgets and resources can ill afford. 

For example, the Wisconsin Department of Corrections had to compensate three inmates $15,000 each for not providing equal access to the prison’s programs and activities. 

Aside from the financial risk from state agency accessibility lawsuits and complaints, agencies may also lose funding for critical programs. The Illinois Department of Transportation (IDOT) announced plans to withhold both federal and state funding from communities that failed to present ADA Transition Plans in 2016.  

In addition to the above, state agencies also risk the erosion of citizens’ trust and reputational damage if services and programs are not accessible to all and sundry. 

One often overlooked consequence of non-compliance is how one citizen complaint can lead to a DOJ ADA investigation that opens up the agency or department to more scrutiny. This underscores the need to be compliant across the board and not just in one area of accessibility. 

Policy and regulation accessibility as a compliance requirement

ADA requires all agencies to “Communicate with people with disabilities as effectively as you communicate with others.” Policies, regulations, and public-facing documents serve as communication tools and therefore fall under ADA’s scope. Because the law prohibits discrimination, inaccessible documents or digital channels can themselves constitute violations.

Accessible state policies and regulations help PWD learn about rules, guidelines, processes, and procedures, and ensure they have access to the most up-to-date information that internal teams have access to.

Moreover, it’s important to note that with the rise of digital-first government services, many government programs, services, and communications are now provided digitally, through websites, apps, portals, online forms, and reports. As such, the same accessibility obligations apply to these digital touchpoints.

We say this to highlight the importance of implementing accessibility requirements across all your digital channels and documents. For example, in a “finding of fact” release, the DOJ found that one of the reasons the Arizona Department of Child Safety violated Title II was because the agency failed to provide information in a simplified form to parents with disabilities. 

Some of the major accessibility requirements for documents include:

• Readability and plain language as seen in the Arizona Department of Child Safety case cited above.
• Formatting for screen readers, including the use of labels
• Adhere to Web Content Accessibility Guidelines (WCAG) and the Section 508 Standards of the Rehabilitation Act

When considering accessibility of policy and regulation documents, don’t forget to consider internal access. The benefits of this are two-fold:

The first is that employees with disabilities have equal access to workplace information, policies, and tools. 

Secondly, equal access ensures that all staff, disabled or not, operate from the same, most current information, preventing confusion when serving the public.

Barriers created by outdated processes

One of the major factors leading to non-compliance and poor documentation and digital publishing of policies and regulations is outdated processes.

These are processes that typically rely on outdated technologies and unupdated procedures and guidelines, are overly dependent on human input, have multiple manual processes, and lack a central system for managing policies and procedures. 

Some of the consequences of outdated processes include:

Scattered documents

This is one of the symptoms of outdated processes, primarily due to a manual method of storing and sharing policy information and documents. 

Without a central system to share and store policy documents, many state agencies rely on static PDFs or Word documents stored on personal drives. 

This makes it hard to find and track information. Consequently, there’s a high chance of conflicting interpretations as agency employees may be referencing outdated policies or regulations, after spending an unhealthy amount of time searching for the document in the first place.

Such scattering means poor internal access to accurate policy information and inconsistent service delivery, which undermines equal access. 

Inconsistent formats

Imagine some PWD encountering inaccessible formats of a PDF, like an image-based PDF that screen readers cannot read, when an accessible format exists. This is a clear violation of the ADA document guidelines. Even for those without disabilities, inconsistent formats significantly impact their experience. 

Moreover, a lack of standardization across your organization can lead to misinterpretation of policies, increased audit difficulties, and a potential violation of ADA standards. For example, depicting weight as tons in one document and pounds in another increases the risk of confusion and misinterpretation.  

Policy and regulation churn

Outdated processes can also disrupt how new policies are developed or existing ones reviewed. They often restrict input from key stakeholders, resulting in policies that may overlook critical perspectives or essential details. 

For instance, issuing a new or updating digital communication policy without consulting an accessibility expert or specialist will likely result in the new policy not reflecting the latest ADA standards for documents, web content, and mobile apps. 

Manual compliance checks

The state agencies manage many internal and public-facing policies, and reviewing them manually introduces multiple risks, including:

• Inconsistency: Different staff may apply standards differently, leading to inconsistent application of rules and standards.
• Delays: Manual reviews are often slow and tedious, and can slow down the rollout of new or updated policies and services, leaving serious gaps in accessibility.
• Oversight: Important Title II ADA requirements, such as ensuring digital content is screen reader compatible, may be overlooked if the reviewer lacks knowledge of ADA requirements.

The human cost of outdated processes

At the end of the day, real humans bear the brunt of outdated processes. Agency staff cannot perform essential job functions of serving citizens because they spend their time on repetitive tasks, inefficient processes, and systems. 

On the other end of the stick, every accessibility oversight or slip is an extra barrier that a PWD faces that likely excludes them from vital government services or information. 

Strategies for ADA compliance

Now that we’ve covered what ADA compliance means and why it matters, let’s explore the key strategies your agency can adopt to achieve it, ensuring accessibility, meeting legal standards, and creating an inclusive environment for all. 

Emerging best practices for ADA compliance in state policy management

To strengthen and modernize your state agency policy management so that you’re ADA-compliant, here are a few ADA compliance best practices you can adopt: 

1. Centralized systems

Having disparate systems and technology across teams and departments leads to duplication of effort, scattered documents, inconsistent formats, and a delayed ADA policy life cycle.

Adopting a single source of truth for all policies ensures they are stored in a single repository, where agency staff can access the most up-to-date version of all policies. 

Systems like Esper also make policy drafting, approvals, and publishing straightforward, with features such as collaboration, version tracking, and feedback collection to improve accessibility. 

2. Accessible publishing standards

According to the newly published rules for public-facing documents and web content, every state and local government agency must follow the Web Content Accessibility Guidelines (WCAG) Version 2.1, Level AA.

There’s no need to reinvent the wheel; you can adopt this technical standard at a minimum to remain compliant with ADA standards. 

3. Regular audits

Regular and consistent policy audits help you confirm if published policies remain compliant with ADA standards. Routine audits are vital, especially because the federal government expands or adjusts specific requirements under Title II. 

This is also one of the reasons tools like Esper, equipped with workflow automation for policy project management, are super necessary. These tools make you audit-ready by logging every action, which ensures you have a holistic compliance trail for every policy you manage. 

4. Training

When it comes to state ADA compliance, staff at all levels must continue to receive training, even if it’s basic accessibility training. 

As a matter of fact, when the DOJ enters into an agreement with violators of ADA requirements ( as in here and here), staff training is usually one of the recommendations. 

A baseline understanding of ADA requirements and accessibility equips staff to identify and remove barriers proactively, while also ensuring new policies are drafted with accessibility built in from the start.

5. Cross-agency collaboration

Encourage a culture of cross-agency collaboration. It allows you to approach policy development more holistically by factoring in inputs from all relevant stakeholders. Bringing relevant agencies together ensures there’s alignment in interpreting ADA accessibility guidelines. 

For example, Employment and Workforce Development Programs may collaborate with Human Services or other employment agencies to ensure that state government job postings, training materials, and application portals are accessible to applicants with disabilities. 

They may also partner to review current employment practices to audit if the agency offers equal employment opportunities to PWD.

Title II ADA compliance as part of equity and governance

One of the best ways to achieve consistent ADA compliance is to think about it fundamentally as a tool for fair and equitable access to local government services rather than risk management to avoid litigation and penalties. 

This shift in mindset will help you see the role ADA can play in reinforcing public trust, showing citizens that you have a genuine commitment to inclusion and that PWD are not an afterthought for policy decisions and government programs.

Additionally, ADA compliance broadens participation in government programs or decision-making and generally strengthens citizen engagement. 

Furthermore, inclusion is one of the core pillars of governance that ensures government at all tiers is accessible to all. ADA compliance should therefore be a strategic choice in operating a fair, transparent, and inclusive government. 

Leadership’s role in sustaining compliance  

Leaders define whether compliance will be a long-term strategic commitment or an occasional risk management exercise. 

The easy option would be to assign ADA compliance to those in a few departments, like legal and IT, and call it a day. However, from our experience working with government entities at all levels, leaders set the tone that cascades through every level of the agency. 

For example, when Montana wanted to digitize and centralize regulatory work, the governor’s office took a lead role in piloting and championing the project. The governor was also part of the Red-Tape Relief Advisory Council created for the project, demonstrating leadership from the front. 

The questions that leaders must continually ask themselves if they want sustainable compliance are:

• Are our policies and services accessible to every citizen? The answer to this question must be evidence-based, such as state agency accessibility audits of websites, documents, and a reduced number of complaints.
• Do we have clear visibility into ADA compliance risks? Do we have the right tools, current processes, and structure to pinpoint compliance risks?
• How do we demonstrate compliance during audits? It’s not enough to be compliant. Leaders should ensure there are processes and tools in place to document and prove compliance or answer queries from regulators.

Building accessibility into strategic planning and performance metrics

Sustained ADA compliance doesn’t happen by accident or random fixes. A key part of taking ownership and championing ADA compliance is embedding accessibility in strategy.

This allows you to position compliance as a strategic priority and consequently allocate resources to technology upgrades, ADA training for state employees, audits by experts, and more. 

At the onset of every policy or program planning, leaders should be asking: “How do we ensure this policy, service, or platform is inherently usable by all citizens, including people with disabilities?”

The next layer of implementation is translating compliance into SMART performance metrics to track if your accessibility investments improve systems for everyone and PWD. 

Building internal champions

The last building block is raising more internal champions. The DOJ recognizes the importance of internal champions and often recommends retaining or appointing an ADA coordinator as part of its agreement with violators. 

This ADA coordinator should lead a team of individuals selected from across various departments. The team must then be empowered to drive accessibility initiatives. 

Practical steps for state agencies

Below, we outline a progressive roadmap that agencies can use to strengthen ADA compliance: 

Immediate actions (Quick wins)

These are steps you can take right away to demonstrate commitment and begin to close accessibility gaps: 

• Audit existing public-facing policies for accessibility gaps. Begin with significant policies that citizens rely on most, checking for compliance with WCAG standards. 
• Train staff on accessible document creation. Simple changes, such as using proper heading structure, alt text, and readable fonts, can significantly enhance accessibility with minimal investment.
• Create plain language guidelines. Policies should be accessible and also understandable. Clear, jargon-free communication ensures all citizens, including those with cognitive disabilities, can engage with policy documents.

Medium-term strategies

These next steps are essential in building a solid foundation for sustainable ADA compliance. 

• Establish a cross-functional accessibility governance team, spanning IT, legal, communications, and program, to ensure accessibility is integrated across departments rather than siloed. Appoint a team coordinator who reports to you regularly. 
• Standardize accessible templates for policies. Create ready-to-use templates that meet accessibility standards to reduce the risk of inconsistent formats. Notwithstanding the templates, every document must still pass through quality assurance checks. 
• Create an internal accessibility scorecard that provides leaders with visibility into compliance risks.

Long-term strategies

These steps are vital in entrenching accessibility as a core pillar of your operations.

• Build accessibility into the full ADA policy lifecycle, that is, integrating ADA compliance from policy creation through review, approval, publishing, and retirement or renewal. With a tool like Esper, you can modernize your policy processes to make them more accessible.
• Regularly update and publish accessibility compliance reports to drive accountability and reinforce public trust.

Conclusion: ADA as opportunity and responsibility

ADA compliance is a fundamental pillar of public service. While adhering to ADA standards protects an agency or department against serious legal and financial consequences, it also affirms the core mission of equitable service.

For agency leaders, the path forward is clear: treat ADA not as a one-off compliance exercise but as an ongoing governance imperative. 

Embedding accessibility into strategy, operations, and culture enables agencies to create inclusive systems that work for everyone.

To achieve this, you don’t have to do it alone. You can tap into new, modern tools (like Esper) to make the process of ADA compliance easier and more efficient for your whole team.

Request a demo today to see how Esper can help your agency modernize policy management and become more accessible.