HubSpot Blog | Inbound Design Partners

Web Accessibility in 2026: ADA Compliance, accessiBe, and the Small Business Tax Credit

Written by Josh Markus | 2/16/26 4:00 PM

TL;DR

  • Website accessibility is increasingly treated as an ADA issue.
  • Lawsuits are real and rising.
  • accessiBe helps — but it’s not a magic shield.
  • Some small businesses can claim up to $5,000 in federal tax credits for accessibility work.
  • The smart move is layered: audit → fix → automate → monitor.

Accessibility Is Now a Risk Conversation

Accessibility used to be a “good UX” discussion.

Now it’s a legal and operational one.

Courts are increasingly treating business websites as public accommodations under the ADA. If you sell, serve, or support customers online, your site is part of your public footprint.

Ignoring accessibility risks:

  • Legal complaints
  • Settlement costs
  • Brand damage
  • Excluding real users

This isn’t theoretical. It’s happening.

The Litigation Numbers Are Increasing

This isn’t a fringe issue.

In 2024, more than 4,000 ADA website accessibility lawsuits were filed in U.S. courts. 2025 shows filings continued to rise with the total around 5,000 cases for the year.

These cases span retail, SaaS, healthcare, financial services, and professional services. Smaller businesses are not immune.

Accessibility litigation is no longer hypothetical — it’s active and expanding.

Where accessiBe Fits

accessiBe adds an AI-powered accessibility layer to your site.

It can:

  • Improve screen reader compatibility
  • Enhance keyboard navigation
  • Provide user accessibility controls
  • Monitor your site continuously

We use it ourselves and have implemented it for clients.

👉 Learn more about accessiBe (affiliate link)

But it’s important to say this clearly:

Automation supports compliance. It does not replace structure.

The Mistake: Installing a Widget and Calling It Done

Accessibility widgets do not fix:

  • Broken heading structure
  • Poor semantic HTML
  • Missing or incorrect alt text
  • Improperly labeled forms
  • Weak color contrast
  • Structural navigation issues

If your foundation is flawed a script can’t fully compensate.

The stronger approach:

  1. Audit the site
  2. Fix structural issues
  3. Improve templates and components
  4. Layer automation for monitoring

That’s defensible, a standalone widget isn’t.

The Part Most People Miss: The Tax Credit

If you’re a small business, accessibility improvements may be partially reimbursed.

The federal Disabled Access Credit allows qualifying businesses to claim:

  • 50% of eligible expenses
  • On costs between $250 and $10,250
  • Up to $5,000 per year

Who qualifies?

You may qualify if you have:

  • Under $1M in gross receipts
    OR
  • Fewer than 30 full-time employees

Always confirm with a tax professional.

Accessibility, SEO, and AI Visibility

Here’s where it gets interesting.

Accessible sites tend to have:

  • Clean semantic markup
  • Logical heading hierarchy
  • Proper alt text
  • Structured content blocks

That’s also what:

  • Search engines prefer
  • Featured snippets reward
  • AI Overviews extract
  • LLMs summarize cleanly

Accessibility isn’t just compliance, it improves how search engines understand your site, which increasingly matters.

Quick Self-Check

Can users:

  • Navigate your entire site without a mouse?
  • Understand images through meaningful alt text?
  • Follow a clear H1 → H2 → H3 structure?
  • Use forms with properly labeled inputs?
  • See visible focus states when tabbing?

If not, accessibility work is likely overdue.

The Strategic Recommendation

Don’t treat accessibility as:

  • A panic response
  • A checkbox
  • A one-time fix

Treat it like site governance.

The defensible model:

  • Structured audit
  • Manual remediation
  • Smart automation (like accessiBe)
  • Ongoing monitoring

For qualifying businesses, the tax credit softens the cost.
For everyone else, the legal, UX and SEO upside still justifies the work.

Accessibility is no longer optional in practice — even if the regulations still feel gray.

Is website accessibility legally required?

Courts increasingly interpret the ADA to apply to business websites that serve the public. Legal exposure has grown meaningfully.

What is the Disabled Access Credit?

A federal tax credit that reimburses 50% of eligible accessibility expenses, up to $5,000 annually for qualifying small businesses.

Who qualifies for the accessibility tax credit?

Businesses with under $1M in gross receipts or fewer than 30 full-time employees may qualify. Confirm with a tax advisor.

Does accessiBe guarantee ADA compliance?

No. accessiBe assists with accessibility but does not replace structural remediation or guarantee full WCAG compliance.

Is an accessibility widget enough?

No. Automation should support manual fixes — not replace them.

Does accessibility help SEO?

Yes. Accessibility improvements typically strengthen semantic structure and crawlability, which improves search indexing and AI extraction.

The Defensible Approach

If accessibility is on your radar, address it strategically — not reactively.

We help businesses:

  • Audit accessibility risk
  • Implement structural improvements
  • Layer automation intelligently
  • Align accessibility with SEO and AI-readiness

Accessibility done right reduces risk, improves usability, and strengthens how your site performs in an AI-driven search landscape.