Every nonprofit exists to fulfill a need, and in many cases that need is in response to a disability. Nonprofit services that can't be reached by donors, volunteers or program participants with disabilities sit behind exactly the kind of barriers mission-driven organizations are meant to remove.

The Americans with Disabilities Act (ADA) is the landmark civil rights law, signed on July 26, 1990, that defines what equal access looks like. It applies to nonprofits in ways that are often misunderstood. Knowing where a nonprofit's obligations begin makes it easier to build accessibility into an organization's work rather than treat it as an afterthought.

This post is for general educational purposes and is not legal advice. Every nonprofit's obligations differ. A qualified attorney should be consulted about any organization's specific situation.

Key takeaways

• The Americans with Disabilities Act (ADA) is a civil rights law that gives people with disabilities legal standing to challenge unequal access, including through private lawsuits.
• Most nonprofits are covered as “public accommodations” under Title III of the ADA, regardless of tax status.
• Nonprofits receiving federal funding face an added layer of obligation under Section 504 of the Rehabilitation Act.
• A nonprofit under contract with a government agency may need to meet Title II accessibility standards as a condition of that contract, separate from its own direct ADA duties.
• Website accessibility complaints and lawsuits are a growing legal and financial risk for nonprofits of every size.

What is the ADA?

Congress crafted the ADA to give people with disabilities the same legal footing under civil rights law that had already been extended to other recognized “protected classes,” i.e. people legally safeguarded from discrimination and harassment under federal, state or local laws. The ADA specifically prohibits discrimination on the basis of disability across employment, government services and businesses open to the public.

Before 1990, accessibility obligations – legal and moral rules ensuring service and facilities are usable by individuals with disabilities – existed only in narrower federal contexts largely tied to organizations that received federal funding. In a significant shift, the ADA established access as a broad civil right with real enforcement mechanisms behind it, including the ability for private individuals to bring lawsuits for alleged violations.

To mark enactment of the ADA, July is Disability Pride Month, also a time to celebrate disability as a natural part of human diversity. Give Lively is pleased to feature member nonprofits working in disability inclusion and care. 

Why does the ADA matter to nonprofits?

Nonprofits often serve populations with higher rates of disability than the general population, including people confronting illness, advancing age, poverty or trauma. This overlap between mission and protected class gives the ADA particular weight in the nonprofit sector, even for organizations that have never considered themselves covered by disability law.

A rights-based law like the ADA also carries real enforcement. For a nonprofit, it turns accessibility from a voluntary mission value or institutional practice into a legal standard that it is expected to meet, with consequences attached when it falls short.

Accessibility benefits beyond legal compliance

Nonprofits that build accessible habits into their programs and communications early often find they've expanded their reach among donors, volunteers and program participants alike.

• A website built to established standards works better for a much broader audience, including older visitors, mobile users and anyone browsing on a slow internet connection. 
• Physical accommodations like clear signage and barrier-free entrances make office and event spaces easier to navigate for a parent pushing a stroller or a volunteer carrying supplies, alongside any attendee with a disability. 

Website accessibility standards

In parallel with the ADA, the World Wide Web Consortium, the international standards organization for the internet, has developed Web Content Accessibility Guidelines (WCAG), a globally recognized standard for digital accessibility. It lays out specific, comprehensive and actionable rules to make websites, mobile apps and digital documents accessible to people with disabilities, along with testable success criteria. 

There are three levels of WCAG conformance, but the standard now explicitly embraced by the Department of Justice (DOJ) – the one used for most laws, regulations and lawsuits related to ADA compliance – is WCAG 2.1 Level AA. 

Do nonprofits have to comply with the ADA?

Yes, though nonprofits' obligations differ and they should always consult a qualified attorney.

Most nonprofits fall under Title III of the ADA as “public accommodations” (private entities, facilities or businesses that own, lease or operate a place open to the general public); those receiving federal funds face added obligations under Section 504 of the Rehabilitation Act (read more about this below).

The ADA doesn't name nonprofits as a distinct category. Instead, coverage depends on what an organization does and how it operates. A nonprofit that runs a public-facing program, sells tickets to an event or maintains a website open to visitors is likely functioning as a public accommodation under Title III, regardless of its tax status.

Federal funding adds a second, separate layer of obligation. Any organization receiving federal grants or other federal financial assistance is subject to Section 504, which prohibits disability discrimination by funding recipients. Direct government contracts for services work differently, as explained in "Title II and Section 504" below.

A nonprofit can be covered by Title III alone, by both Title III and Section 504 or in narrower circumstances involving government contracts, by accessibility standards passed down through a contract itself. In all cases, while Title III does not have an official regulatory standard, the DOJ enforces digital accessibility using WCAG 2.1 Level AA as a baseline.

Notably, WCAG 2.1 Level AA conformance for public entities and local governments under the Title II umbrella has phased compliance deadlines on April 26, 2027 (for organizations serving populations of 50,000 or more) and April 26, 2028 (serving populations of fewer than 50,000 and special district governments). 

Breaking down the ADA's titles that apply to nonprofits

The ADA is organized into five titles, though only a few apply to nonprofits.

Title I: employment

Title I governs disability discrimination in hiring and employment. It applies to any employer – nonprofit or otherwise – with 15 or more employees. It requires reasonable accommodations for qualified employees and job applicants with disabilities, unless doing so would create undue hardship for the organization.

Title II and Section 504: where government obligations end and nonprofit obligations begin

Title II governs "public entities," including state and local governments and all programs, activities, and services provided or operated by them. A public library or a city-run community center therefore falls under Title II, but private nonprofits, even those that provide goods and services to the public, like food banks or arts organizations, are not considered public entities under Title II, even when funded partly by public dollars.

Section 504 fills an important gap. It applies to any organization receiving federal financial assistance, extending disability-discrimination protections to programs run by federal grant and contract recipients, including many nonprofits.

A government entity's Title II obligation has one more wrinkle worth understanding, since it can extend into work the entity contracts out to nonprofits. 

If a nonprofit builds or maintains a website on behalf of a city or state agency, that content still has to meet the government's accessibility standards, since legal responsibility sits with the government rather than the nonprofit itself. In practice, the nonprofit conforms to the same WCAG standards, but the legal obligation to do so comes from the contract rather than from the ADA title covering the nonprofit directly.

Title III: public accommodations

Title III is where the vast majority of nonprofits meet the ADA directly. It prohibits disability discrimination by any business or organization open to the public, a category that includes nonprofit-run facilities, programs and events regardless of profit status. Physical spaces, from event venues to program and management offices, must accommodate visitors with mobility, vision, hearing and other disabilities.

Two categories sit outside Title III entirely: religious organizations, including any school, food bank or shelter they operate, and bona fide private clubs. A congregation-run day care center, for example, likely isn't required to meet Title III standards, even though it looks like a public accommodation in every other respect.

Digital spaces must adhere to the same standard. As mentioned earlier, courts and regulators generally accept WCAG 2.1 Level AA as the reference point for what an ADA-compliant nonprofit website looks like, covering elements like screen-reader compatibility, keyboard navigation and captioned video.

Why accessibility carries real legal and financial stakes for nonprofits

Since Title III allows private lawsuits, accessibility complaints can originate outside formal government enforcement. A donor who can't complete a gift or a volunteer who can't register for an event has legal standing to raise the issue directly, and increasingly does.

Web accessibility lawsuits are climbing: plaintiffs filed more than 3,100 federal lawsuits in 2025, a 27 percent increase over 2024.

For a large company, a settlement or legal defense cost may be a manageable line item. A nonprofit running on a lean annual budget, however, faces different calculus; the same cost can consume funding that would otherwise go toward programs.

5 ADA compliance tips for nonprofits

A few starting steps make it easier for a nonprofit to understand where it stands and what to prioritize, though nonprofits should always consult a qualified attorney to understand organizational specifics.

Identify which ADA titles apply

Confirm whether the organization operates as a public accommodation under Title III, receives federal funding that triggers Section 504 or holds a government contract that passes down Title II standards. This determines which set of obligations comes first.

Audit funding and contract relationships

Review every federal grant, contract and subaward for accessibility language, since Section 504 and contractual WCAG requirements may be missed during grant applications and go completely unnoticed later.

Build accessibility into contracts

When working with web vendors, event venues or program partners, include specific accessibility standards and responsibilities directly in contract language, rather than assuming a vendor's default product already meets ADA standards.

Document remediation efforts

Keep records of accessibility audits, fixes and timelines. Demonstrating a good-faith, active effort to improve accessibility can matter in both regulatory reviews and legal proceedings, even when full compliance is still in progress.

Assign clear ownership

Name a specific staff member or team responsible for accessibility decisions across a website, events and physical facilities, so requests and complaints have a defined path to resolution instead of getting lost between departments.

Join Give Lively in adopting accessible fundraising infrastructure

Meeting ADA obligations tends to be an ongoing effort, one that evolves as an organization's programs, events and digital presence grow. The same is true for Give Lively; we are well along on our own accessibility conformance work. As stewards of our member nonprofits’ digital fundraising experiences, we’re responsible for ensuring fundraising and donation form accessibility, so we design and build all new features with WCAG 2.1 Level AA conformance in mind, including attention to color contrast, keyboard navigation and interactive elements.

Learn more about Give Lively's free fundraising platform today. Apply for free membership to gain immediate access to our tech or sign up for a free demo to see our platform in action.