Major Laws Governing Document Accessibility in the Public Sector
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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
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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
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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?
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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.
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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.
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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
- 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.
How to Reduce Non-Compliance Risks Proactively
- 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
Avoid Legal Risk, Achieve Compliance
Key Takeaways
- Non-compliant documents expose agencies to legal penalties, funding risks, and loss of public trust.
- ADA, Section 508, and WCAG are the key frameworks driving compliance obligations.
- Proactive compliance costs less and protects reputation compared to reactive fixes.
- Tools like PREP help government bodies remediate legacy files, build compliant workflows, and stay ahead of stricter mandates.