Skip to main content

DOJ Accessibility Settlements Get Tougher: What Small Businesses Need to Know

JamieHouston area
ada settlementsdoj enforcementsmall businessdigital accessibilitywcag compliance
Adult man with black hair interacting with a tablet against a clean white background.
Photo by Wasin Pirom on Pexels

When I dig into TPGi's weekly reading list, I'm not just looking for the latest news—I'm hunting for patterns that tell me where accessibility is really headed. This week's roundup is particularly revealing, especially for the small businesses I work with here in Houston.

The DOJ Is Getting Pickier About ADA Settlements

The biggest story buried in this list? According to TPGi's analysis, the Department of Justice opposed a class action settlement because it wasn't strong enough. Think about that for a second. The DOJ—which typically prefers when parties settle instead of going to trial—said "no thanks" to a deal because the enforcement mechanisms were weak and too much money was going to attorneys instead of actual fixes.

This suggests something significant: the days of cheap, surface-level ADA settlements may be ending. The DOJ's message appears clear—they want real compliance that actually removes barriers for disabled people, with meaningful monitoring and measurable results.

For the restaurant owners and retail shops I work with, this means getting serious about comprehensive accessibility audits now—not because you're trying to avoid lawsuits, but because your disabled customers deserve equal access to your services. When legal issues do arise, the settlement terms are likely to require genuine accessibility improvements that serve real people, not just paperwork exercises.

Corporate Accessibility Programs Are Maturing

What really caught my attention were the case studies from companies like Cvent and IGT highlighted in TPGi's roundup. These aren't accessibility compliance stories—they're business transformation stories. According to the analysis, Cvent recognized that accessibility had become "a critical factor in customer trust, procurement decisions, and enterprise adoption." IGT saw accessibility as "more than a compliance requirement" and turned it into "a key brand differentiator."

This shift matters for small businesses because it changes the competitive landscape. When your corporate clients start requiring accessibility as part of their vendor requirements—and they will—you need to be ready. But more significantly, this trend reflects growing recognition that accessibility creates better experiences for everyone.

I'm already seeing this with some of my hospitality clients who work with large corporations for events and conferences. The Southwest ADA Center has been discussing this trend: accessibility is moving from a legal checkbox to a fundamental business practice that serves disabled customers and employees better.

Streaming Platforms Show What Good Digital Accessibility Looks Like

Diana Khalipina's analysis of Netflix, Disney+, and HBO Max accessibility features referenced in the TPGi list is fascinating because it shows what happens when companies actually invest in serving disabled users well. These platforms didn't just add captions and call it done—they built comprehensive accessibility into their user experience because they recognized that disabled people deserve the same quality entertainment experience as everyone else.

For small businesses, this sets expectations. Your customers—including disabled customers—are getting used to high-quality accessibility features in their entertainment. They're going to expect the same level of thoughtfulness when they visit your website or use your services, because they deserve equal access everywhere.

The Technical Landscape Is Evolving Fast

The W3C updates mentioned in the TPGi list—particularly the new WCAG Evaluation Methodology 2.0 and Cognitive Accessibility Research Modules—signal that accessibility standards are getting more sophisticated and comprehensive.

This creates both opportunities and challenges. The good news? Better guidance means clearer paths to creating genuinely accessible experiences. The challenge? The bar is getting higher because we're learning more about what disabled people actually need to access digital content effectively.

I'm particularly interested in the cognitive accessibility research because it addresses barriers that traditional WCAG testing often misses. For businesses serving diverse communities—which describes most of Houston—this research helps us better serve customers with cognitive disabilities, learning differences, and other conditions that affect how people process information.

Government Guidance Is Getting More Practical

NASCIO's new digital accessibility guidance for governments mentioned in the roundup caught my eye because government practices often filter down to private sector expectations. When public sector entities start demanding better accessibility from their contractors and vendors, that pressure flows through the entire supply chain—ultimately benefiting disabled people who interact with both government and private services.

If you do any work with local government—whether it's catering city events or providing professional services—start paying attention to their accessibility requirements now. These requirements exist to ensure disabled people can access government services, and they're becoming more comprehensive as agencies better understand their obligations under the ADA.

What This Means for Your Small Business

Three key takeaways from this week's reading list:

First, enforcement appears to be getting more sophisticated. The DOJ's rejection of that settlement suggests they're focused on ensuring disabled people actually get equal access, not just accepting weak compliance measures. This means your accessibility efforts need to be comprehensive and measurable—focused on removing real barriers for real people.

Second, accessibility is becoming a competitive advantage. The companies highlighted in the case studies aren't treating accessibility as a burden—they're using it to better serve disabled customers and differentiate themselves in the market. That opportunity exists for small businesses too.

Third, customer expectations are rising. When disabled people experience good accessibility features on Netflix or Disney+, they rightfully expect similar thoughtfulness everywhere else. Your website, your physical space, your customer service—it all needs to meet these evolving expectations because disabled customers deserve equal access.

The Strategic Play

Here's what I'm telling my clients: don't wait to start serving disabled customers well. The legal landscape appears to be shifting toward more demanding enforcement because disabled people's civil rights matter, the business case is getting stronger, and customer expectations are rising.

Start with the basics—proper Title III compliance for your physical space so disabled customers can actually use your services, basic web accessibility so disabled people can access your online presence, and staff training for inclusive customer interactions. But think beyond compliance toward creating genuinely welcoming experiences for disabled customers.

The businesses that figure this out now will have a significant advantage over competitors who are still treating disabled customers as an afterthought. And frankly, they'll sleep better at night knowing they're serving all their customers with dignity and respect.

The weekly reading lists like TPGi's aren't just industry news—they're roadmaps showing where accessibility is headed. This week's signals suggest: the standards are rising because disabled people deserve better, the enforcement appears to be getting tougher because civil rights matter, and the opportunities for businesses that embrace inclusion are getting bigger.

Time to decide whether you want to be a business that truly welcomes disabled customers or one that's still catching up.

About Jamie

Houston-based small business advocate. Former business owner who understands the real-world challenges of Title III compliance.

Specialization: Small business, Title III, retail/hospitality

View all articles by Jamie

Transparency Disclosure

This article was created using AI-assisted analysis with human editorial oversight. We believe in radical transparency about our use of artificial intelligence.