Department of Justice Accessibility Enforcement

The Department of Justice (DOJ) is the primary federal agency responsible for enforcing the Americans with Disabilities Act. The DOJ's Civil Rights Division investigates ADA complaints, negotiates settlements, and can bring civil actions against violators.

DOJ Authority

The DOJ can seek civil penalties up to $75,000 for first violations and $150,000 for subsequent violations under ADA Title III. For Title II (government), the DOJ can withhold federal funding.

DOJ Enforcement Mechanisms

ADA Title II (Government)

Covers state and local governments:

  • Complaint investigations
  • Compliance reviews
  • Technical assistance
  • Referral to funding agencies
  • Civil litigation

2024 Rule: DOJ's new Title II rule requires WCAG 2.1 AA compliance for government websites by 2026-2027.

ADA Title III (Businesses)

Covers places of public accommodation:

  • Complaint investigations
  • Mediation referrals
  • Consent decrees
  • Civil penalties
  • Pattern/practice investigations

Note: DOJ can intervene in private lawsuits as an interested party.

DOJ Enforcement Process

1
Complaint Receipt

DOJ receives complaint from individual, organization, or through referral from other agencies.

2
Initial Review

DOJ evaluates complaint to determine if it falls within jurisdiction and warrants investigation.

3
Investigation

DOJ investigates allegations, which may include document requests, interviews, and technical analysis.

4
Resolution Attempt

DOJ attempts to resolve matter through negotiation, resulting in consent decree or settlement agreement.

5
Litigation (if necessary)

If resolution fails, DOJ can file civil lawsuit seeking injunctive relief and civil penalties.

Civil Penalty Amounts

Violation Type First Violation Subsequent
ADA Title III (adjusted for inflation) Up to $75,000 Up to $150,000
Pattern or Practice Potentially higher penalties, injunctive relief
Consent Decree Violation Contempt of court, additional penalties

Notable DOJ Web Accessibility Actions

Entity Year Type Key Terms
H&R Block 2014 Settlement $100K penalty, tax website accessibility
Peapod 2014 Settlement $100K penalty, grocery delivery accessibility
Louisiana Tech 2013 Resolution Course materials, LMS accessibility
Miami University 2016 Resolution Website, video captioning, PDFs
Rite Aid 2020 Settlement COVID testing/vaccine appointments

DOJ Guidance Documents

Key DOJ Accessibility Guidance:
  • 2024 Title II Web Accessibility Rule: Requires state/local government WCAG 2.1 AA compliance
  • 2022 Web Accessibility Guidance: Confirms websites are covered under Title III
  • Technical Assistance: DOJ provides guidance on accessibility obligations
  • Settlement Agreements: Publicly posted settlements provide compliance models
Best Practice: Review DOJ settlement agreements to understand enforcement expectations and typical remediation requirements.

What Triggers DOJ Investigation

High-Risk Factors
  • Multiple complaints about same entity
  • Large organization with resources
  • Essential services (healthcare, education)
  • Government entities
  • Clear pattern of discrimination
Protective Factors
  • Documented accessibility program
  • Regular accessibility audits
  • Remediation efforts underway
  • Accessibility statement published
  • Responsive to complaints
Civil Penalties

$75K - $150K

Per violation under ADA Title III

Related Resources
2024 Title II Rule

New DOJ rule requires state/local government websites to meet WCAG 2.1 Level AA:

  • Large entities: April 2026
  • Small entities: April 2027