Web Accessibility Laws in Illinois
Illinois combines the Illinois Human Rights Act with the nation's strictest biometric privacy law (BIPA), creating a complex compliance landscape where web accessibility intersects with data privacy obligations.
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Illinois Human Rights Act and Web Accessibility
The Illinois Human Rights Act (IHRA, 775 ILCS 5) prohibits discrimination in public accommodations and has been applied to digital services. Illinois courts have followed the trend of treating websites as places of public accommodation, particularly when connected to physical business operations.
Illinois ranks in the top ten states for web accessibility lawsuits, with over 350 federal cases filed in 2024, primarily in the Northern District of Illinois (Chicago). The state's large population of 12.5 million and significant business presence make it an attractive jurisdiction for plaintiff firms expanding beyond the traditional New York filing hubs.
BIPA and Accessibility: The Biometric-Privacy Intersection
Illinois's Biometric Information Privacy Act (BIPA, 740 ILCS 14) creates a unique intersection with web accessibility. Websites that use facial recognition for authentication, voice recognition interfaces, or fingerprint-based login must ensure these biometric systems are accessible to users with disabilities — while also complying with BIPA's strict consent and disclosure requirements.
Key accessibility-privacy concerns include:
- Facial recognition login: Users with certain physical disabilities may be unable to use face-based authentication — accessible alternatives must be provided
- BIPA consent forms: The required consent disclosure for biometric data collection must itself be accessible — readable by screen readers with proper form labels
- Voice-based interfaces: Voice assistants and voice-controlled features must have non-voice alternatives for users who cannot speak
- Fingerprint authentication: Mobile web apps using fingerprint login must offer keyboard-accessible and screen reader-compatible alternatives
BIPA violations carry penalties of $1,000 per negligent violation and $5,000 per intentional violation, creating substantial exposure when combined with accessibility failures.
Illinois Government and Education Requirements
Illinois has specific digital accessibility requirements for government entities. The Illinois Information Technology Accessibility Act (IITAA, 30 ILCS 587) requires state agencies to ensure their information technology, including websites, is accessible to people with disabilities in accordance with applicable standards.
The federal ADA Title II deadline of April 24, 2026 creates additional urgency for Illinois government entities:
- 102 county governments must bring their websites into WCAG 2.1 AA compliance
- Chicago and other major municipalities face heightened scrutiny given their extensive online service offerings
- Illinois public universities have faced OCR complaints over inaccessible learning management systems and course materials
- Public school districts must ensure parent portals, enrollment systems, and educational platforms are accessible
How to Achieve Compliance for Illinois Audiences
Start with a free CompliScan audit to identify your current WCAG 2.1 AA violations. Automated scanning catches 30-40% of accessibility issues, providing a solid foundation for remediation planning.
Illinois-specific compliance priorities:
- BIPA consent interfaces: Ensure all biometric consent forms are fully accessible — screen reader-compatible, keyboard-navigable, and properly labeled
- E-commerce and retail: Chicago-area retailers are frequently targeted by accessibility plaintiff firms — audit your complete purchase flow
- Healthcare: Illinois healthcare providers face combined IHRA and ADA exposure for inaccessible patient portals
- Government compliance: Use CompliScan Shield Pro ($149/mo) for daily scans and PDF compliance reports to prepare for the 2026 Title II deadline
CompliScan's AI-powered fix suggestions generate specific code changes for each violation. For web agencies managing multiple Illinois clients, the Agency plan ($299/mo) provides comprehensive coverage across up to 50 sites.
Frequently Asked Questions
Does BIPA affect web accessibility requirements in Illinois?
Yes, indirectly. If your website uses biometric authentication (facial recognition, fingerprints, voice recognition), BIPA requires informed consent, and that consent process must be accessible. Additionally, biometric-based features must have accessible alternatives. Inaccessible BIPA consent forms could violate both BIPA and accessibility laws simultaneously.
What is the Illinois Information Technology Accessibility Act?
The IITAA (30 ILCS 587) requires Illinois state agencies to ensure their information technology, including websites, is accessible to people with disabilities. It references applicable accessibility standards and creates accountability for state IT accessibility. Combined with ADA Title II requirements, Illinois government entities have clear legal obligations for digital accessibility.
How many accessibility lawsuits are filed in Illinois per year?
Over 350 federal web accessibility cases were filed in Illinois districts in 2024, primarily in the Northern District (Chicago). This number has been growing steadily as plaintiff firms expand beyond New York. State-level IHRA claims add to this total. Illinois is now a top-ten state for digital accessibility litigation.
Are Illinois government websites required to be accessible by 2026?
Yes. The ADA Title II rule requires all state and local government websites to meet WCAG 2.1 AA by April 24, 2026. The IITAA adds Illinois-specific state agency requirements. This affects all 102 Illinois counties, major municipalities including Chicago, public universities, and school districts.
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