Chapter 1: What is WCAG 2.2 and Why It Matters

The Legal Landscape: Understanding Your Obligations

Website accessibility isn’t just good practice—it’s increasingly becoming legal requirement. The Americans with Disabilities Act (ADA), passed in 1990, didn’t explicitly address websites because the modern internet barely existed. However, federal courts have consistently ruled that the ADA’s Title III provisions, which require places of public accommodation to be accessible, extend to digital properties.

Federal Requirements and Court Precedents

The landmark case that changed everything was Target Corporation’s 2006 settlement for $6 million, establishing that websites serving the public must be accessible. Since then, major court decisions have consistently upheld digital accessibility requirements:

• Domino’s Pizza (2019): Supreme Court refused to hear appeal, leaving lower court ruling intact that websites must be accessible
• Netflix (2012): Required to caption all streaming content within specific timeframes
• Harvard and MIT (2015): Required to make online courses accessible to deaf students

Key legal principle: If your business serves the public and has a website, courts increasingly view that website as a “place of public accommodation” subject to ADA requirements.

State-Specific Accessibility Laws

Beyond federal ADA requirements, several states have enacted specific digital accessibility legislation:

California Unruh Civil Rights Act: Provides additional protections and allows for minimum damages of $4,000 per violation, making it a frequent target for accessibility lawsuits.

New York State Human Rights Law: Covers digital accessibility for places of public accommodation, with enforcement becoming increasingly aggressive.

Florida Accessibility Code: Requires state agencies and public universities to maintain WCAG 2.0 Level AA compliance, with similar requirements expanding to public-facing businesses.

Industry-Specific Requirements

Certain industries face additional accessibility obligations:

Healthcare (HIPAA Compliance): The Department of Health and Human Services requires that patient portals and health information systems be accessible to ensure equal access to healthcare information.

Financial Services: The Department of Justice has specifically targeted banks and credit unions, requiring online banking platforms to meet accessibility standards.

Education (Section 504): Schools receiving federal funding must ensure their websites and online learning platforms are accessible to students with disabilities.

Government Contractors: Any business contracting with federal agencies must meet Section 508 compliance standards, which closely align with WCAG 2.1 Level AA.

International Compliance Considerations

European Accessibility Act: Effective June 2025, requires accessibility compliance for e-commerce platforms, banking services, e-books, and other digital services operating in the EU.

AODA (Ontario, Canada): Requires businesses with 50+ employees to meet WCAG 2.0 Level AA standards.

EN 301 549 (European Standard): Referenced by EU legislation and requires WCAG 2.1 Level AA compliance for public sector websites.

WCAG 2.2 vs Previous Versions: What’s New and Critical

The Web Content Accessibility Guidelines have evolved significantly since their inception. Understanding these changes is crucial for ensuring your compliance efforts target current standards.

WCAG Evolution Timeline

WCAG 1.0 (1999): Basic accessibility principles, primarily focused on desktop web browsing WCAG 2.0 (2008): Introduced the four principles (Perceivable, Operable, Understandable, Robust) that remain the foundation today WCAG 2.1 (2018): Added 17 new success criteria focused on mobile accessibility, cognitive disabilities, and low vision users WCAG 2.2 (2023): Introduced 9 additional success criteria addressing mobile usability, authentication, and user interface consistency

The Nine New WCAG 2.2 Success Criteria

WCAG 2.2’s new requirements reflect modern web usage patterns, particularly the dominance of mobile devices and the need for cognitive accessibility. These aren’t minor updates—they address fundamental usability barriers that affect millions of users.

2.4.11 Focus Not Obscured (Minimum) – Level AA

The Problem: Modern web designs often use sticky headers, floating elements, or overlays that can hide the keyboard focus indicator, making navigation impossible for keyboard users.

Real-World Impact: Consider a user navigating your contact form using only the Tab key. If your sticky navigation header covers the focused input field, they can’t see where they are in the form.

Business Risk: This violation is easily identified in automated testing and frequently cited in lawsuits involving forms and checkout processes.

2.4.12 Focus Not Obscured (Enhanced) – Level AAA

Enhanced version of 2.4.11 requiring that focus indicators never be obscured by any content, providing superior user experience for keyboard navigation.

2.4.13 Focus Appearance – Level AAA

Standardizes focus indicator appearance, requiring specific size and contrast ratios to ensure focus is clearly visible across all interface elements.

2.5.7 Dragging Movements – Level AA

The Problem: Touch interfaces often rely on drag-and-drop or swiping gestures that may be impossible for users with motor disabilities.

Real-World Example: An image carousel that only advances through swiping gestures excludes users who cannot perform these motions.

Compliance Solution: Provide alternative methods like next/previous buttons alongside gesture controls.

2.5.8 Target Size (Minimum) – Level AA

Critical for mobile accessibility: Touch targets must be at least 24×24 CSS pixels with adequate spacing, ensuring users with motor difficulties can accurately activate interface elements.

Business Impact: This directly affects mobile conversion rates, as difficult-to-tap elements frustrate all users, not just those with disabilities.

3.2.6 Consistent Help – Level A

Requires help mechanisms (contact information, help desk, FAQ) to appear in the same relative location across pages, reducing cognitive load for users who need assistance.

3.3.7 Redundant Entry – Level A

Prevents unnecessary data re-entry within a session or process, particularly important for lengthy forms or multi-step checkouts where users might struggle to remember previously entered information.

3.3.8 Accessible Authentication (Minimum) – Level AA

3.3.9 Accessible Authentication (Enhanced) – Level AAA

Revolutionary requirements that address one of the web’s biggest accessibility barriers: authentication systems that rely on cognitive functions like memorizing passwords or solving CAPTCHAs.

The Game-Changer: These criteria acknowledge that traditional authentication methods create insurmountable barriers for users with cognitive disabilities, requiring alternative authentication methods that don’t rely on memory or cognitive function.

Why WCAG 2.2 Matters More Than Previous Versions

Mobile-First Reality: With mobile traffic exceeding desktop usage, WCAG 2.2’s focus on touch interfaces and mobile usability makes compliance more relevant than ever.

Cognitive Accessibility: The new authentication and consistency requirements address barriers that affect users with cognitive disabilities—the largest disability demographic.

Legal Precedent: Courts are increasingly referencing the latest WCAG version in their decisions. Compliance with outdated standards may not provide adequate legal protection.

Compliance Levels Explained: A, AA, and AAA

WCAG organizes accessibility requirements into three levels of conformance, each building upon the previous level. Understanding these distinctions is crucial for determining your compliance strategy and budget allocation.

Level A: Minimum Accessibility

Level A represents the bare minimum for accessibility compliance. While meeting Level A requirements removes the most significant barriers, it doesn’t provide comprehensive accessibility.

Typical Level A Requirements:

• Basic alt text for images
• Keyboard accessibility for all functionality
• Proper heading structure
• Color not used as the sole means of conveying information

Business Reality: Level A compliance alone is rarely sufficient for legal protection and provides limited accessibility for users with disabilities.

Level AA: Industry Standard

Level AA is the globally recognized standard for accessibility compliance. Most legal requirements, government standards, and corporate policies reference WCAG Level AA as the target compliance level.

Why Level AA is the Sweet Spot:

• Legal Protection: Courts consistently reference Level AA in accessibility rulings
• International Recognition: EU legislation, Canadian AODA, and other international standards require Level AA
• Practical Implementation: Achievable for most websites without fundamental redesign
• Business Value: Provides meaningful accessibility without excessive cost

Key Level AA Requirements Include:

• Enhanced color contrast ratios (4.5:1 for normal text, 3:1 for large text)
• Comprehensive keyboard navigation
• Video captions and audio descriptions
• Consistent navigation and identification
• Error identification and suggestions

Level AAA: Enhanced Accessibility

Level AAA represents the highest level of accessibility compliance but is not required or expected for most websites. WCAG guidelines specifically state that Level AAA compliance is not required for entire websites.

When to Consider Level AAA:

• Specialized audiences: Websites serving populations with high rates of disability
• Government agencies: Some jurisdictions require Level AAA for critical services
• Corporate leadership: Organizations using accessibility as competitive differentiation
• Specific features: Individual components or pages may benefit from Level AAA compliance

Level AAA Challenges:

• Cost prohibitive for most organizations
• May conflict with usability for general audiences
• Not legally required in most jurisdictions
• Maintenance complexity increases significantly

Which Level Does Your Business Need?

Determining the appropriate compliance level requires evaluating your legal risk, business model, and target audience. Here’s a practical framework for making this decision:

High-Risk Businesses (Require Level AA Minimum)

E-commerce and Retail: Online stores face the highest lawsuit risk due to their clear commercial nature and public accommodation status.

Healthcare Providers: Patient portals, appointment systems, and health information sites face both ADA and HIPAA requirements.

Financial Services: Banking, insurance, and investment platforms are frequent litigation targets and face additional regulatory scrutiny.

Travel and Hospitality: Hotels, airlines, and booking platforms serve the public and have faced numerous high-profile lawsuits.

Educational Institutions: Schools and universities receiving federal funding must comply with Section 504 requirements.

Medium-Risk Businesses (Level AA Recommended)

Professional Services: Law firms, accounting practices, and consulting companies that serve business clients face moderate risk.

B2B Software Platforms: While not traditional public accommodations, SaaS platforms increasingly face accessibility requirements from enterprise clients.

Content Publishers: News sites, blogs, and media companies may face compliance requirements depending on their business model.

Government Contractors: Any business contracting with government agencies should maintain Section 508 compliance.

Lower-Risk Businesses (Level A Minimum, AA Preferred)

Small Local Businesses: Restaurants, retail shops, and service providers with primarily local audiences face lower litigation risk but should still consider basic compliance.

Internal Corporate Tools: Employee-facing systems may have limited legal exposure but should consider accessibility for inclusive employment practices.

Personal Websites and Blogs: Minimal legal risk unless monetized or serving as business tools.

Industry-Specific Considerations

Technology Companies: Often target Level AA as a baseline with specific features achieving Level AAA to demonstrate industry leadership.

Non-Profit Organizations: Should prioritize accessibility as part of their mission while balancing limited resources.

Government Agencies: Must meet Section 508 requirements, which align closely with WCAG 2.1 Level AA, with WCAG 2.2 compliance increasingly expected.

Making the Business Case for Level AA

Risk Mitigation: Level AA compliance provides the strongest legal protection available without excessive cost.

Market Expansion: The disability market represents $13 trillion in annual disposable income globally.

SEO Benefits: Many accessibility improvements (proper heading structure, alt text, clear navigation) also improve search engine optimization.

Universal Design: Accessible websites provide better user experience for all users, not just those with disabilities.

Competitive Advantage: Proactive accessibility compliance differentiates your business from competitors.

Cost-Benefit Analysis Framework

Implementation Costs:

• Level A: 10-20% of development budget for new sites, 15-30% for remediation
• Level AA: 20-35% of development budget for new sites, 30-50% for remediation
• Level AAA: 40-60% of development budget, often requiring fundamental redesign

Risk Costs:

• Average lawsuit settlement: $75,000-$150,000
• Legal defense costs: $50,000-$100,000
• Business disruption: Immeasurable impact on reputation and operations
• Opportunity cost: Lost revenue from inaccessible customer experiences

The Mathematical Reality: Level AA compliance typically costs less than a single accessibility lawsuit settlement, making it a logical insurance investment.

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Next Steps: Building Your Compliance Strategy

Understanding what WCAG 2.2 requires and why it matters is only the beginning. In the next chapter, we’ll dive deep into the four fundamental principles of accessibility—Perceivable, Operable, Understandable, and Robust—and provide specific implementation guidance for each.

You’ll discover exactly how to evaluate your current website against these principles and create a practical roadmap for achieving compliance without disrupting your business operations.

Ready to transform your understanding into action? Chapter 2 provides the tactical framework you need to begin your accessibility journey with confidence.