The Real Risks of Non-Compliant Documents in the Public Sector

The Real Risks of Non-Compliant Documents in the Public Sector
When government documents, such as tax forms, voter guides, and public notices, are inaccessible, it can result in lawsuits, penalties, and a loss of public trust. These risks of non-compliant documents can threaten civil rights, jeopardize funding, and even erode the confidence of the public in government transparency. To stay ahead, agencies must understand the key document accessibility laws, recognize the risks of non-compliance, and take proactive steps to protect their communities and themselves.

Major Laws Governing Document Accessibility in the Public Sector

Public sector organizations in the USA and Europe are bound by several accessibility laws that govern how digital documents must be designed and distributed. These laws include:
  1. ADA (Americans With Disabilities Act)

    Under ADA Title II, state and local governments must ensure that all public-facing documents are accessible to individuals with disabilities. This includes PDFs, forms, and notices.

    Learn More: ADA Compliance

  2. Section 508 of the Rehabilitation Act

    Federal agencies and any organizations receiving federal funding must make electronic and information technology, including documents, accessible to everyone, including people with disabilities.

    Read More: Section 508 Compliance

  3. WCAG (Web Content Accessibility Guidelines)

    WCAG is the global standard for digital accessibility, shaping both the USA and EU regulations. WCAG 2.1 AA is now widely recognized as the benchmark for document compliance.

    Understand WCAG Compliance

    Together, these frameworks ensure that documents are usable by screen readers, navigable with keyboards, and designed inclusively.

What are the Risks of Non-Compliance in Public Sector Bodies?

The consequences of document non-compliance in the public sector extend across legal, financial, and reputational domains.
  1. Legal Risks

    • Civil Rights Violations & DOJ Enforcement: The U.S. Department of Justice (DOJ) has actively pursued investigations into inaccessible documents, reaching settlement agreements with cities, counties, and school boards.
    • Litigation and Complaints Under ADA & Section 504/508: Lawsuits from advocacy groups and individuals have targeted inaccessible tax forms, voting materials, and educational resources. These legal battles can be lengthy, costly, and highly publicized.
    • State-Level Accessibility Laws: Beyond federal regulations, states are implementing their own mandates for non-compliant documents. For example, Colorado’s HB21-1110 requires all state agencies to meet WCAG 2.1 AA standards by July 2025, signaling a broader trend toward stricter enforcement.
  2. Financial Risks

    • Cost of Lawsuits & Settlements: DOJ settlements for non-compliant government documents often include expensive document audits, remediation requirements, civil penalties, and ongoing staff training.
    • Cost of Reactive Fixes vs. Proactive Compliance: Emergency remediation of inaccessible documents drains budgets and staff resources. Proactively building accessibility into workflows is far more efficient and sustainable.
    • Risk of Grant or Contract Termination: Agencies that run on grant or federal funds risk losing eligibility for further contracts or funding if they fail to meet accessibility standards. This directly impacts operations and community services.
  3. Reputational & Operational Risks

    • Public Trust & Digital Equity: Inaccessible documents send a damaging message of exclusion, undermining efforts toward equity and inclusion in public services.
    • Damage to Agency Credibility: Media coverage of accessibility failures can quickly tarnish an agency’s reputation, making it harder to engage and serve constituents.
    • Internal Bottlenecks & Burnout: Without systematic compliance processes, last-minute remediation requests overload staff, causing delays and frustration.

Examples of Common Document Non-Compliances

Non-compliance often stems from preventable oversights in document creation and publishing, such as:
  • Posting scanned-only PDFs without OCR or tags.
  • Publishing forms with unlabeled fields or missing tab orders.
  • Using only color indicators (red/green) without text descriptions.
  • Omitting declared language or title metadata in documents.
Each of these examples creates barriers for screen readers and assistive technologies, leaving people with disabilities unable to access critical information.

How to Reduce Non-Compliance Risks Proactively

To minimize non-compliance risks, agencies should implement accessibility from the start rather than treating it as an afterthought.
  • Conduct a Document Accessibility Audit: Regular audits of municipal documents using automated tools like PREP help agencies identify inaccessible content before it reaches the public.
  • Build Accessibility Into Your Workflow: Agencies should establish clear accessibility policies, create compliant templates, provide staff training, and include pre-publishing checks to ensure consistent compliance.
  • Use Automation Tools for Legacy and Scanned Docs: For older or scanned documents, automation tools like PREP can remediate issues at scale with the help of AI. It can smoothly convert scanned images into searchable, structured, and accessible PDFs.

How PREP Helps With Document Accessibility Compliance in the Public Sector

PREP empowers municipalities and public agencies to meet accessibility mandates by leveraging AI-driven tagging, OCR, and structural corrections. It transforms legacy PDFs, scanned forms, and new public documents into fully compliant formats.
Whether meeting ADA, Section 508, WCAG, or state-level laws, PREP reduces legal exposure, minimizes staff burden, and accelerates your compliance timelines, without sacrificing quality.

Avoid Legal Risk, Achieve Compliance

With PREP, agencies can ensure inclusivity, protect public trust, and stay ahead of growing accessibility mandates efficiently and affordably.

Key Takeaways

Editors:

Debangku Sarma

Digital Marketing Associate
Continual Engine

Vijayshree Vethantham

Senior Vice-President, Growth & Strategy
Continual Engine US LLC

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