In May 2025, a landmark piece of legislation was introduced in the U.S. House of Representatives: H.R. 3417. Listed as “To establish uniform accessibility standards for websites and applications of employers, employment agencies, labor organizations, joint labor-management committees, public entities, public accommodations, testing entities, and commercial providers, and for other purposes.”, this is basically also to be known as “Websites and Software Applications Accessibility Act of 2025”. I’ve been given an advanced look at the eventual long-form content of this bill. Let’s take a detailed look into what the bill proposes, why it matters, and what potential challenges and opportunities it presents.
The Problem This Act Solves
Since the ADA was passed in 1990, courts, companies, and people with disabilities have struggled with the question: does the ADA apply to websites and mobile apps? The answer has been inconsistent. Some courts have interpreted Title III of the ADA to cover only businesses with physical locations. Others have applied it more broadly, especially when digital services are tied to physical establishments. This inconsistency has led to:
- Widespread digital inaccessibility
- Confusion and inconsistency in court decisions
- A lack of enforcement by the DOJ
- Exclusion of people with disabilities from key areas of modern life
This bill purportedly aims to solve these issues.
What the Act Does
Establishes Legal Clarity
The bill states clearly that the ADA applies to all websites and applications, regardless of whether they are connected to a physical location. This includes:
- Employers
- Employment agencies
- Public and private educational institutions
- Government agencies and services
- Retailers, e-commerce platforms, and service providers
- Educational and professional testing services
Defines Accessibility
The bill adopts the widely accepted POUR principles to define accessibility:
- Perceivable: Information must be presented in ways users can perceive
- Operable: User interfaces must be navigable through various methods
- Understandable: Content and processes must be clear and consistent
- Robust: Content must work with a variety of assistive technologies
Mandates Regulation and Enforcement
The bill delegates responsibility as follows:
- The Department of Justice (DOJ) will regulate public entities, public accommodations, and testing organizations
- The Equal Employment Opportunity Commission (EEOC) will regulate employment entities
Each agency must:
- Propose rules within 12 months
- Finalize rules within 24 months
- Update rules every 3 years
- Consider the capacity of small entities and extend compliance timelines for them (3 years after final rule, compared to 30 days for others)
Preserves Private Right of Action
Individuals are allowed to file lawsuits directly without needing to first notify the violating entity. Remedies include:
- Court orders to make content accessible
- Compensatory and punitive damages
- Attorney’s fees for prevailing plaintiffs
Provides Grants and Support for Small Entities
Small businesses and organizations can apply for:
- Grants up to $10,000 to fix or replace inaccessible web content and apps
- Support from a federally funded technical assistance center providing training and implementation help
Why It Matters
This legislation addresses longstanding gaps in digital civil rights and offers several major benefits. First, it reflects modern realities. The ADA was written before the Web became a central part of daily life. This bill brings the law into alignment with how people live, work, and access services today. Second, it settles legal confusion. By clarifying that digital-only businesses are subject to the ADA, it ends a key source of judicial and industry confusion. Third, it emphasizes economic inclusion. Digital accessibility is not just about civil rights. The digital economy accounts for nearly 10 percent of the U.S. GDP, yet millions of people are excluded due to inaccessible design. Fourth, it centers people with disabilities. The bill requires an advisory committee to guide implementation, and the majority of that committee must be made up of individuals with disabilities.
Areas for Improvement and Considerations
Despite its strengths, the bill raises some important questions and areas for refinement.
Lack of Clarity on Enforcement Resources
It is unclear how the DOJ or EEOC are to do enforcement. While the bill authorizes funding ($35M per year from 2026 – 2035) to carry out the bill’s provisions, it does not explicitly describe how much is to be used for any specific activity. With the current administration’s generally antagonistic approach to anything even resembling civil rights, it is unclear what enforcement would occur or even what staff would be provided to do so.
Potential for Increased Lawsuits (or enforcement delays)
In the past, similar bills have been introduced which call for some advance notice be made prior to filing an ADA lawsuit. The proponents of such bills claim that an absence of a pre-suit notice requirement could lead to more litigation. This type of notice requirement is not well received by disability rights advocates, who argue that this is akin to requiring people with disabilities to ask for permission before asserting their rights.
That said, the risk of increased lawsuits is real. While web-related ADA lawsuits are currently isolated to a about 3 or 4 “friendly” circuits, the number of circuits where we’d see new ADA lawsuits will nearly triple. I don’t really see this as a bad thing. In fact, I predict that we’ll see a deluge of lawsuits initially, but that this will serve as a wake-up call for developers and companies who create web-based systems to take accessibility seriously.
Due to the threat of increased lawsuits, there’s a chance that the Final Rule(s) issued by the DOJ and EEOC will contain a grace period, much like we saw when Section 508 came out. This will function as little more than a delay because it is human nature to put compliance with such laws until the last minute and we have seen this play out with Section 508, GDPR, ADA Title II, and EAA.
Missed Opportunity for International Harmonization
This bill contains vague language relating to standards. Instead of mandating the use of WCAG, for example, it merely says “… propose regulations to implement the accessibility obligations of this Act, and include standards for accessible web content and applications…” The bill does not address how the standards should align with global standards such as EN 301 549 in the European Union. So far, the prevailing assumption is that the DOJ and EEOC would simply incorporate WCAG, in keeping with the pattern established by Section 508 and ADA Title II. That would be good news, since the Web portions of EN 301 549 also reference WCAG. Any divergence from WCAG risks causing headaches.
What Happens Next
If passed, the Act would set in motion:
- A compliance timeline of 12 to 36 months, depending on entity size
- The development of enforceable technical regulations
- A new wave of accessibility-related innovation
- Increased opportunities for accessibility professionals
- Stronger legal rights and tools for individuals with disabilities
Conclusion
The Websites and Software Applications Accessibility Act of 2025 is an ambitious attempt to finally codify digital accessibility as a legal right. It affirms that websites and applications must be inclusive by design and accessible by law. While it leaves room for interpretation in some areas, the bill represents a critical step forward. Its success will depend on meaningful rulemaking, robust enforcement, and strong community engagement. Above all, it sends a clear message: accessibility is no longer optional—it is essential.
If you are a business or developer, now is the time to begin auditing your digital content for accessibility. If you are an advocate or individual with a disability, this is a moment to push for passage and ensure the regulations reflect lived experience. If you are a policymaker or public official, consider how your organization will lead in modeling compliance.