Digital Doors Open: New Act Confirms ADA Applies to All Websites, Offers $10,000 Grants to Small Businesses for Fixes

If you’ve ever tried to use a website or app that was clearly not designed for actual human use, you know how frustrating bad digital design can be. Now imagine that frustration multiplied because you rely on a screen reader, captions, or voice commands—and the site simply doesn't work. The Websites and Software Applications Accessibility Act of 2025 is here to fix that, acting as a massive clarification: the Americans with Disabilities Act (ADA) absolutely applies to all websites and apps, regardless of whether the company has a physical storefront.

This bill’s main purpose is to end the debate and mandate that all online content used by employers, public services, and businesses open to the public must be accessible. This means everything from job application portals and online banking to government service forms and e-commerce checkout pages must be perceivable, operable, and understandable by people with disabilities (SEC. 3). The law takes effect six months after enactment, though the core accessibility rules in Section 4 won't kick in until 12 months after the bill is signed.

The End of the Digital Wild West

For years, some companies have argued that the ADA only covers physical spaces, letting them off the hook for inaccessible websites. This bill shuts that down cold (SEC. 2). If you’re a covered entity—an employer, a government agency, or a business that serves the public—and you use a website or app for any official business, it must be accessible. This means if you’re a small business owner using a third-party application for scheduling, or a large employer with an internal HR portal, that tech needs to work for everyone (SEC. 4).

Crucially, this also ropes in the Commercial Providers—the software companies and web developers who build these tools. They are now explicitly prohibited from designing or selling inaccessible products to covered entities (SEC. 4). This shift means accessibility must be built in from the start, rather than being patched on later. For the tech industry, this is a massive change that will require serious redesigns and training.

The Rulebook and the Timeline

This bill doesn't just wave a wand; it sets up a concrete schedule for creating the technical rulebook. The Department of Justice (DOJ) and the Equal Employment Opportunity Commission (EEOC) have 12 months to propose rules and 24 months to finalize them (SEC. 5). These rules will define exactly how a website must be built to be considered accessible. Think of it like the building code for the internet.

The compliance deadlines are staggered, offering a major break for the little guys. While larger entities only get 30 days after the final rules are issued to comply, small entities get a much-needed grace period: three years for public-facing businesses and two years for employment-related small entities (SEC. 5). This recognizes that a massive bank can pivot faster than a local bakery with three employees.

Help for Small Business Owners: The $10,000 Fix

If you run a small business and your website is a mess of broken links and inaccessible forms, the bill offers financial help. For the first five years after the rules are finalized, grants of up to $10,000 will be available to small entities. This money is specifically earmarked for auditing, testing, and fixing inaccessible web content, or for buying new, compliant technology (SEC. 11). To get the grant, you must prove you have a solid plan to fix the issues.

This grant program is smart because it addresses the chief concern of small business owners: the cost of compliance. However, small entities need to be aware that the funding cannot be used to buy or develop new, inaccessible content (SEC. 11). The goal is not just to fix old mistakes but to ensure future investments are compliant.

Enforcement: You Don’t Have to Wait

Perhaps the most powerful part of this bill is the enforcement mechanism. Individuals who encounter an inaccessible website or application are granted a private right of action, meaning they can sue directly in federal or state court without having to file a complaint with the DOJ or EEOC first (SEC. 7). This cuts out the bureaucratic red tape and allows people with disabilities to pursue justice immediately.

If a private lawsuit is successful, the court can order the website to be fixed (an injunction) and award monetary damages, including economic, non-economic, and even punitive damages (SEC. 7). This strong enforcement model, backed by the ability to recover attorney fees, ensures that compliance isn't optional. While this is great for accountability, it also means businesses need to take compliance seriously now to avoid costly litigation down the road. The only defense against discrimination is if compliance would cause an “undue burden” or fundamentally change the nature of the service—a defense that is notoriously difficult to prove in court.