ADA laws in New Jersey apply to websites through federal law and, in many cases, state law. Private businesses are evaluated under Title III of the Americans with Disabilities Act when their websites are connected to places of public accommodation. State and local government entities in New Jersey fall under Title II and, as of April 24, 2024, must make their websites and mobile apps conform to WCAG 2.1 Level AA under a binding U.S. Department of Justice rule. That includes cities, counties, public schools, and public universities.
New Jersey also has the New Jersey Law Against Discrimination (NJLAD), which allows for damages in discrimination cases. In website accessibility litigation, plaintiffs often bring both ADA and NJLAD claims. The ADA generally allows injunctive relief and attorney’s fees, while NJLAD can increase financial exposure. Most cases resolve through settlement agreements requiring WCAG-based remediation, audits, policy changes, and payment of attorney’s fees.
Frequently Asked Questions
Yes. Courts in New Jersey have allowed ADA Title III claims against websites connected to businesses that serve the public. Purely online businesses also face exposure in the Third Circuit.
There is no separate statute that sets technical website coding standards for private businesses. Website claims rely on the federal ADA and often include claims under the New Jersey Law Against Discrimination.
For public entities, the DOJ’s April 24, 2024 rule requires WCAG 2.1 Level AA compliance. For private businesses, courts and settlement agreements commonly reference WCAG 2.0 AA or WCAG 2.1 AA as the benchmark.
Yes. Plaintiffs frequently assert both claims. The ADA typically allows injunctive relief and attorney’s fees. NJLAD may allow compensatory damages and attorney’s fees.
No. ADA Title III does not include a revenue-based exemption for website accessibility. Small and mid-size businesses can be sued.
Yes. If a business or public entity offers goods or services through a mobile app, accessibility obligations extend to that platform.
Frequent issues include missing alternative text for images, low color contrast, forms without proper labels, inaccessible PDFs, and navigation that does not work by keyboard.
No. Overlay tools do not repair underlying code barriers and have not been treated by courts as a complete defense to ADA or NJLAD claims.
Costs vary. Small informational sites may require several thousand dollars for audit and remediation. Larger ecommerce or government platforms can require significantly more. Litigation and settlement often exceed proactive compliance costs.
No federal agency issues ADA website certificates. Compliance is typically documented through WCAG audits, remediation reports, and ongoing testing.
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