ADA Laws for Banking in Illinois

State Law Summary

Website accessibility requirements in Illinois are notable for having a strong, specific state law—the Illinois Information Technology Accessibility Act (IITAA)—that sets clear standards for public entities, which are now fully aligned with recent federal updates. For private businesses, the landscape is defined by federal law and is more active in terms of litigation.

The table below summarizes the key differences for Illinois:

Requirements for Public Entities in Illinois: The IITAA

Illinois has been a leader in establishing clear, enforceable standards for public sector digital accessibility through the Illinois Information Technology Accessibility Act (IITAA) .

• What is the IITAA? Enacted in 2007, the IITAA requires Illinois state agencies and public universities to ensure their websites, information systems, and technologies are accessible to people with disabilities . It is proactive state law that goes beyond the baseline requirements of the federal ADA by setting specific technical standards .
• Who Must Comply? The IITAA applies specifically to entities of the State of Illinois, including:
  • The executive, legislative, and judicial branches .
  • State agencies, departments, and divisions .
  • Constitutional offices .
  • Public universities (e.g., University of Illinois system, Illinois State University) .
• Key Point: The IITAA does not directly apply to local governments (like counties, cities, or school districts), community colleges, or private organizations . However, these entities are still fully covered by other laws, namely the federal ADA.

Website Compliance Rules

Federal Alignment: ADA Title II and the 2026 Deadline

The legal landscape for all public entities in Illinois was recently unified by a major update to federal law.

• New Federal Rule: In April 2024, the U.S. Department of Justice (DOJ) issued a final rule under Title II of the Americans with Disabilities Act (ADA) , establishing for the first time specific technical requirements for web content and mobile apps .
• The Standard: This rule mandates that all state and local government websites and mobile apps conform to WCAG 2.1 Level AA .
• Alignment with IITAA: Crucially, this is the exact same standard required by the IITAA (which was updated to WCAG 2.1 Level AA in June 2024) . This means Illinois state agencies and universities already have a "head start" on compliance .
• The Deadlines:
  • April 24, 2026: This is the compliance deadline for state governments and larger local governments (those with a population of 50,000 or more) .
  • April 26, 2027: Smaller local governments have an extra year to comply .
  • Some sources, like the University of Illinois, reference a June 24, 2026 deadline for public higher education institutions, but all are centered on 2026 .
• What is Covered? The requirements are broad and cover all digital content a public entity provides, including websites, mobile apps, online course materials, documents (PDFs), forms, and videos .

Damages & Penalties

Implications for Private Businesses in Illinois

For private businesses, the requirements are based on federal law, not the IITAA.

• Governing Law: Private businesses that operate as "places of public accommodation" (e.g., restaurants, hotels, banks, retail stores, professional offices, and their websites) are covered under Title III of the federal ADA . This applies broadly, from a café in Chicago to a digital marketing firm in Springfield .
• The IITAA and Private Business: The IITAA does not directly apply to private companies . However, if a private business contracts with a state agency or university, it may be required to provide proof of compliance with the IITAA or ADA Title II .
• The Legal Standard for Compliance: While the DOJ has not issued specific technical rules for private websites under Title III, WCAG 2.1 Level AA has become the de facto legal standard. Courts and DOJ settlement agreements consistently reference it as the benchmark for an accessible website .

Consequences of Non-Compliance

Failing to ensure website accessibility can lead to serious consequences for both public and private entities in Illinois.

• For Public Entities (IITAA/Title II):
  • IITAA Enforcement: The Illinois Department of Innovation & Technology (DoIT) can investigate complaints filed by individuals with disabilities and mandate corrective action plans for state agencies .
  • Federal Action: Non-compliance with ADA Title II can lead to DOJ investigations and potential loss of federal funding . It can also serve as evidence in a private ADA lawsuit .
• For Private Businesses (ADA Title III):
  • Financial Penalties: First-time ADA violations can result in federal civil penalties of up to $75,000, with subsequent violations reaching $150,000 .
  • Lawsuits and Legal Costs: Illinois has seen a rise in ADA Title III lawsuits. High-profile cases, such as those against Balenciaga and P.F. Chang's China Bistro, highlight the legal obligation of businesses to ensure their digital assets are usable by everyone . Even if a lawsuit is unsuccessful, the legal defense costs can be substantial .
  • Reputational Damage: Publicized lawsuits can lead to boycotts, negative online reviews, and a loss of customer trust, which can be very difficult to rebuild .
  • Loss of Business: An inaccessible website alienates a significant market segment. Approximately 24% of Illinois's population has a disability , and if they cannot use your site, they will turn to more inclusive competitors .

Practical Steps for Compliance

Whether you are a public entity or a private business, taking a proactive approach to accessibility is the best strategy. Here are key steps to make your website more accessible :

• Commit to Continuous Testing: Don't treat accessibility as a one-time fix. Regularly test your website using a combination of methods:
  • Automated tools: Use software to scan for common technical issues .
  • Manual expert reviews: Have accessibility experts evaluate your site for more nuanced design and usability problems .
  • User testing: Get feedback from real users with disabilities to uncover issues that automated tools might miss .
• Follow WCAG 2.1 Level AA Guidelines: Use these guidelines as your roadmap. Familiarize yourself with the four core principles of accessibility, known as POUR :
  • Perceivable: Information must be presentable to users in ways they can perceive (e.g., add alt text to images).
  • Operable: User interface components must be operable by all users (e.g., ensure full keyboard navigation).
  • Understandable: Information must be understandable (e.g., use clear forms and instructions).
  • Robust: Content must be robust enough to be interpreted by a wide variety of user agents, including assistive technologies .
• Publish an Accessibility Statement: Make it easy for users to report issues. An accessibility statement demonstrates your commitment and provides a clear channel for feedback .
• Develop an Alternative Access Plan: For public entities, if procured technology isn't fully accessible, the IITAA requires an Alternative Access Plan (AAP) . This plan documents how an alternative method of access will be provided, ensuring it is "equally integrated, equally effective, and of equivalent ease of use" .