If you work in government or serve government clients, you've likely encountered both Section 508 and ADA Title II as web accessibility requirements. They often get conflated — both involve accessibility, both involve government, both reference WCAG standards. But they are fundamentally different laws, with different scopes, different technical standards, and different enforcement mechanisms.
Understanding the difference matters because complying with one does not automatically mean you comply with the other — and the gap between them has grown since the DOJ updated its ADA Title II rule in 2024.
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View the 2026 Report| Dimension | Section 508 | ADA Title II |
|---|---|---|
| Type of law | Procurement law (Rehabilitation Act) | Civil rights law (Americans with Disabilities Act) |
| Who it applies to | Federal agencies and contractors | State and local government entities |
| What it governs | Technology purchased or developed by federal agencies | Whether services and programs are actually accessible |
| WCAG version required | WCAG 2.0 Level AA | WCAG 2.1 Level AA |
| Enforcement mechanism | Contract compliance; complaints via Access Board or agency | DOJ Civil Rights Division; private civil lawsuits |
| Compliance deadline | Ongoing (applies to procurements) | April 26, 2027 (large) / April 26, 2028 (small) |
Section 508, added to the Rehabilitation Act in 1998 and updated in 2017 ("the Refresh"), requires that all electronic and information technology (EIT) procured, developed, maintained, or used by the federal government be accessible to people with disabilities — both employees and members of the public.
It's a procurement law first. Section 508 applies when federal agencies buy or build technology. If a federal agency purchases a software system, CMS platform, or custom web application, that product must conform to Section 508 standards. This means vendors selling to the federal government must provide accessibility conformance reports (ACRs) documenting how their products meet the standard.
The technical standard is WCAG 2.0 AA. The 2017 Refresh incorporated WCAG 2.0 Level AA as the technical standard for web and software accessibility. This is one version behind ADA Title II's requirement of WCAG 2.1 AA — a meaningful gap, as we'll explore below.
It covers employees, not just the public. Section 508 requires that federal employees with disabilities have equal access to internal technology — intranets, HR systems, internal tools — not just public-facing websites.
Enforcement is through the Access Board and agency compliance programs. Complaints are filed with the agency or the US Access Board. Unlike ADA Title II, Section 508 does not provide a private right of action in most circuits — meaning individuals generally cannot sue directly under Section 508 alone (though they may have ADA or Rehabilitation Act Section 504 claims).
Title II of the ADA prohibits discrimination against people with disabilities by state and local government entities. In April 2024, the DOJ published a final rule making WCAG 2.1 Level AA the specific technical standard for government web content and mobile apps, with compliance deadlines in 2026–2028.
It's a civil rights law focused on program access. ADA Title II is fundamentally about ensuring that disabled people can participate in and benefit from government programs and services. Inaccessible websites are a barrier to that participation — that's why web accessibility is covered, even though the ADA predates the internet.
WCAG 2.1 AA is the standard. The 2024 DOJ rule specifies WCAG 2.1 Level AA — one full WCAG version higher than Section 508's WCAG 2.0 requirement. The 17 additional success criteria in WCAG 2.1 include significant improvements for mobile accessibility, low-vision users, and cognitive accessibility.
Strong private enforcement. Unlike Section 508, individuals have a private right of action under ADA Title II. They can sue state and local government entities directly for ADA violations — without needing to wait for DOJ investigation. Disability rights organizations regularly bring these suits.
It applies to all digital touchpoints of government service delivery. ADA Title II covers websites, mobile apps, kiosks, and any other digital means by which a government entity delivers programs or services to the public.
If you're a state or local government entity that has been operating under Section 508 guidance (or working with federal contractors who meet Section 508), you may think you're covered. You likely aren't — because WCAG 2.1 adds 17 success criteria not in WCAG 2.0.
| WCAG 2.1 Criterion | What It Requires | Who Benefits |
|---|---|---|
| 1.3.4 Orientation | Content must not lock to a single orientation (portrait/landscape) | Users with mounted devices |
| 1.3.5 Identify Input Purpose | Form fields must identify their purpose (name, email, etc.) for autofill | Cognitive disabilities |
| 1.4.10 Reflow | Content must not require horizontal scrolling at 400% zoom | Low-vision users |
| 1.4.11 Non-text Contrast | UI components and graphics must meet 3:1 contrast ratio | Low-vision users |
| 1.4.12 Text Spacing | Content must be readable when text spacing is modified | Dyslexia, low vision |
| 1.4.13 Content on Hover/Focus | Tooltip/hover content must be dismissible and hoverable | Low vision, cognitive |
| 2.5.1 Pointer Gestures | All multi-point gestures must have a single-pointer alternative | Motor disabilities |
| 2.5.3 Label in Name | Accessible name must include the visible text label | Voice control users |
| 4.1.3 Status Messages | Status messages must be programmatically determinable | Screen reader users |
The answer often depends on your role:
The enforcement landscape is becoming more stringent on both sides. The DOJ has made clear that ADA Title II enforcement is a priority. Simultaneously, the federal government's own Section 508 compliance record has drawn scrutiny — GAO reports have repeatedly found widespread non-compliance across federal agencies.
For organizations subject to both laws — such as entities that receive federal grants and are also state or local government bodies — the practical approach is to target WCAG 2.1 AA across the board. Meeting the higher standard (WCAG 2.1) automatically satisfies the lower one (WCAG 2.0/Section 508).
Whether you're subject to Section 508, ADA Title II, or both, the first step is understanding your current accessibility status. Run a free WCAG 2.1 AA scan with Accessalyze — the results will show you exactly where you stand against the stricter standard, which means you'll know your status under both laws.
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