ADA Title II Update 101
Correction:
If the website or application is only in use by employees of the State of Virginia (including contractors), this would fall under ADA Title I. This means, the state must:
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Not discriminate based on disability (meaning they cannot decline someone because they are blind, for example)
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Provide reasonable accommodation so the employee with a disability can adequately perform essential job functions
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Ensure that not accessing this program does not hinder their ability within employment practices (for example, a blind employee cannot be withheld a promotion for not being able to use the application due to their disability)
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etc.
Even if the agencies do make internal, employee-used only applications WCAG 2.1 AA compliant, it does not exclude them from providing other reasonable accommodations.
However...
According to the ADA, if the website or application will in any way be accessible by interns or volunteers, it then falls under ADA Title II because the internship or volunteer program falls under a public service provided to the public. If the interns are paid, they might fall back under Title I as employees.
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In this week's special topic seminar, VITA's UX & Accessibility Designer, Michelle Pinsky, will go over everything agencies will need to know about the update to the ADA Title II ruling that all state and local agencies will need to abide by starting in April 2026. Michelle will give a 101 on the ADA, its history, and what Title II covers, in addition to explaining the update and how it affects state and local governments. A special section will be devoted to ruling exceptions in addition to Q&A time to answer any follow-up questions.
PowerPoint file for the seminar: ADA Title II Update Preparing for 2026