Access to web content and applications

(a) General rules for covered entities (1) Employment entity No employment entity shall subject to discrimination, related to web content or an application owned, operated, or utilized for covered use by the employment entity, an individual with a disability in regard to an activity described in section 102 of the ADA (42 U.S.C. 12112). (2) Public entity No individual with a disability shall, by reason of such disability— (A) be excluded from participation in or be denied the benefits of the services, programs, or activities, or information related to such services, programs, or activities, including information offered through web content or an application owned, operated, or utilized, for a covered use, by a public entity; or (B) be otherwise subjected to discrimination related to web content or an application owned, operated, or utilized for covered use by a public entity. (3) Public accommodation and testing entity No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations, or information related to such goods, services, facilities, privileges, advantages, or accommodations, including information offered through web content or an application owned, operated, or utilized for covered use by a public accommodation or testing entity. (b) Covered entities In order to comply with subsection (a), a covered entity shall meet the following requirements: (1) Accessibility A covered entity that engages in an activity described in section 102 of the ADA (42 U.S.C. 12112), or that provides goods, services, facilities, privileges, advantages, accommodations, programs, activities, including information related to such goods, services, facilities, privileges, advantages, accommodations, programs, or activities, through web content or an application shall ensure that such content or application is accessible. (2) Effective communications A covered entity shall ensure that communications through web content and applications with applicants, employees, participants, customers, and other members of the public with disabilities are as effective as communications with individuals without disabilities. (c) Commercial providers No commercial provider shall design, develop, construct, alter, modify, or add to an application or any web content for a covered entity for covered use in a manner that results in the content or application not being accessible, or otherwise provide web content or an application to a covered entity for covered use that is not accessible. (d) Defenses and exemptions (1) Employment entities With respect to a claim that an employment entity violated this section, the entity shall not be considered to have violated this section if compliance with this section— (A) would impose an undue burden on the entity; or (B) would fundamentally alter the nature of the employment provided by the entity. (2) Public entities With respect to a claim that a public entity violated this section, the entity shall not be considered to have violated this section if compliance with this section— (A) would impose an undue burden on the entity; or (B) would fundamentally alter the nature of the services, programs, or activities, including information provided by the entity. (3) Public accommodations or testing entities With respect to a claim that a public accommodation or testing entity violated this section, the accommodation or entity shall not be considered to have violated this section if compliance with this section— (A) would impose an undue burden on the accommodation or entity; or (B) would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, accommodations, including information provided by the accommodation or entity. (4) Commercial providers With respect to a claim that a commercial provider violated this section, the commercial provider shall not be considered to have violated this section if compliance with this section— (A) would impose an undue burden on the commercial provider; or (B) would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, accommodations, programs, activities, including information provided by the covered entity served.