If you have ever tried to figure out which accessibility law your organization has to follow, you have probably run into two names that get used almost interchangeably: the ADA and Section 508. They are related, they both point to the same underlying accessibility guidelines and they are constantly confused for one another. So it is no surprise that one of the first questions we hear from our partners is: “Which one applies to us?”
The good news is that the answer is usually clearer than it looks. Who you are and how you are funded determines which law applies to you. Here is how to tell the two apart, figure out which one covers your organization and land on a standard you can actually build toward.
Why This Distinction Matters
Getting this wrong has real consequences. Both laws carry enforcement mechanisms, and both can expose an organization to lawsuits, remediation orders and financial penalties. But they do not apply to the same groups, they do not reference the same version of the accessibility guidelines and they are enforced by different agencies.
For organizations in government-adjacent sectors, this is not an academic exercise. A nonprofit that receives federal funding, a state agency and a private company contracting with a city can each fall under a different set of rules. Knowing where you stand is the first step toward knowing what you actually have to do.
Before we go further, one term is worth defining, because both laws depend on it.
Web Content Accessibility Guidelines (WCAG): The standards published by the World Wide Web Consortium (W3C) that define how to make Information and Communication Technology (ICT) — including web content — accessible to people with disabilities. Both the ADA and Section 508 point to WCAG as their technical yardstick. They just point to different versions of it.
Section 508: Built for Federal and Federally Funded Organizations
Section 508 is part of the Rehabilitation Act of 1973 and applies specifically to the federal government and the organizations tied to it. It is governed by the U.S. Access Board.
Section 508 applies to:
- Federal agencies and federal departments
- Organizations that receive federal funding
- Organizations that contract with federal agencies
In other words: If federal dollars flow into your organization, Section 508 is likely in play. Its purpose is to ensure employees and members of the public with disabilities can access federal digital content without running into unnecessary barriers.
In 2018, the U.S. Access Board updated Section 508 to formally adopt WCAG 2.0 Level AA as the measurable standard for digital accessibility. That covers websites, web applications, documents like PDFs and forms, and electronic communications such as email. The update happened because WCAG offered clearer, more detailed guidance than the original Section 508 standards did.
A Few Section 508 Exceptions Worth Knowing
Section 508 lists specific exceptions where content does not have to meet the standard. The most common ones:
- Legacy ICT (Safe Harbor): Technology that already complied with the original Section 508 standards and has not been changed since. If any part of it is updated, that updated part must meet current standards.
- National security systems
- Incidental federal contracts
- ICT in maintenance or monitoring spaces
- Undue burden or fundamental alteration
- Best Meets: When the technology needed is not commercially available.
Section 508 also requires organizations to publicize their complaint procedures, including how to file a complaint, what information the agency needs to investigate it and an accessible way to submit it.
The ADA: Broader Reach, Different Framework
The Americans with Disabilities Act (ADA) is a civil rights law that prohibits discrimination based on disability. Unlike Section 508, it reaches across both the public and private sectors and is governed by the U.S. Department of Justice Civil Rights Division.
The ADA applies to:
- State and local governments
- Businesses of all sizes
- Nonprofit organizations
In other words: You do not have to touch federal funding to fall under the ADA. If you serve the public, it likely applies to you.
For years, the ADA did not name a specific technical standard for the web. That changed in 2024. Under updated Title II regulations, the Department of Justice now specifies WCAG 2.1 Level AA as the standard for web and mobile app accessibility for state and local government entities and their contractors.
Those Title II rules also come with phased compliance deadlines, which were recently extended (Accessibility series 3: understanding ADA updates blog). Public entities serving a population of 50,000 or more now have until April 26, 2027, and smaller entities and special district governments have until April 26, 2028. While these dates apply directly to Title II entities, WCAG 2.1 AA is widely treated as the safest ADA benchmark across sectors, including for private businesses under Title III, where courts consistently use it as the measuring stick even though no version is named in federal regulation.
Where They Overlap and Where They Differ
For all their differences, these two laws are closely linked. Both rely on WCAG as their technical foundation, both exist to remove barriers and provide equal access, and a Section 508 issue can escalate into an ADA-based discrimination claim. The real differences come down to three things: who has to comply, which WCAG version is referenced and how each law is enforced.
Here is the side-by-side:
| Topic | Section 508 | ADA (Title II focus) |
| Who it applies to | Federal agencies, federally funded organizations, federal contractors | State and local governments, businesses, nonprofits |
| Governing body | U.S. Access Board | Civil Rights Division of the U.S. Department of Justice |
| WCAG version required | WCAG 2.0 Level AA | WCAG 2.1 Level AA |
| Enforcement | Federal oversight, funding risk, complaints | DOJ enforcement, civil lawsuits |
| Compliance timeline | In effect now, with limited exceptions | Phased deadlines: April 2027 and April 2028 |
Which Law Applies to Your Organization?
Here is the plain-language logic. Run your organization through it:
- Are you a federal agency, federally funded or a federal contractor? Section 508 applies. Target WCAG 2.0 AA at minimum.
- Are you a state or local government? The ADA applies. Target WCAG 2.1 AA.
- Are you both? Meet the higher standard. WCAG 2.1 AA satisfies both, and aiming for 2.2 keeps you ahead of where the rules are heading.
- Are you a business or a nonprofit organization that contracts with a state or local government agency? The ADA applies as well as that agency’s deadline. Target WCAG 2.1 AA.
For DR’s partners, this comes up more often than you might expect. Plenty of nonprofits receive federal or state funding, which can put them squarely under Section 508 even when they think of themselves as private organizations. The distinction is worth pinning down before you scope any accessibility work.
What About WCAG 2.2?
You may have noticed that neither law references the newest version of the guidelines. Here’s why: WCAG 2.2 was published in October 2023 and added nine new success criteria on top of WCAG 2.1, mostly aimed at users with cognitive, mobility and motor impairments. It is now the current W3C recommendation and an approved International Organization for Standardization (ISO) standard. Section 508 still points to WCAG 2.0 AA, and the ADA points to 2.1 AA, so there is a gap between what the guidelines recommend and what the law currently requires.
The practical takeaway: WCAG 2.2 is backwards compatible, which means meeting 2.2 AA automatically satisfies both 2.1 AA and 2.0 AA. If you are building something new or planning a redesign, targeting 2.2 costs almost nothing extra and keeps you ahead of the curve as regulations catch up.
Conformance Is the Baseline, Not the Goal
Here is the part that gets lost in all the version numbers. Both Section 508 and the ADA define a minimum. Meeting that minimum does not guarantee that every user will have an equitable experience.
WCAG conformance means you have hit a measurable baseline. It does not address every disability type or every usability need, and it does not promise that people with disabilities can actually use your site the way you intend. A site can technically pass a checklist and still be frustrating to navigate.
Our recommendation stays the same across every partner and every law: Treat WCAG conformance as the floor, not the ceiling. The most effective accessibility strategies are built around real users, not just legal checklists.
If you are not sure which requirements apply to you, or where your current site stands, we are happy to help. Accessibility audits, remediation planning and long-term strategy can lower your legal risk while making your digital products better for everyone.
Reach out to learn more about our accessibility services.