How an Accessibility Statement Makes or Breaks A Brand

In today’s increasingly litigious digital landscape, businesses face mounting pressure to prove their commitment to web accessibility. For many, the instinctive response is to simply publish an accessibility statement, even if meaningful action hasn’t followed.

However, this superficial approach is no longer harmless. An outdated, vague, or misleading accessibility statement can inflict greater harm on your brand than having no statement at all. Plaintiffs’ attorneys are now leveraging these statements in court as evidence of negligence, misrepresentation, or even willful non-compliance.

As brand trust, legal risk, and corporate responsibility become ever more intertwined, organizations must recognize that accessibility statements are not just a box to check; they are a vital strategic asset that demands careful attention and genuine commitment.

The Evolution of the Accessibility Statement

When digital accessibility first gained traction, people often saw simply acknowledging it as a progressive step. Businesses would post a generic statement expressing broad support for accessibility without committing to any specific standards, timelines, or mechanisms for improvement.

That era has ended. Regulatory bodies, advocacy groups, and the legal system now expect concrete actions, not just words. Increasingly, courts are examining accessibility statements as evidence of whether an organization is making a good-faith effort toward compliance or merely paying lip service.

If a statement claims full compliance but users encounter barriers, it suggests either negligence or misrepresentation, both of which can expose the company to substantial legal and reputational consequences.

How a Poor Accessibility Statement Exposes Your Brand to Risk

1. It Creates a Clear Record of Non-Compliance
   A vague or inaccurate statement creates a documented inconsistency between what your company claims and what it delivers. In litigation, that inconsistency can shift a case from a debate about technical compliance to a broader accusation of false advertising or consumer fraud.

An outdated statement claiming adherence to WCAG 2.0, for example, when current best practices center around WCAG 2.1 or 2.2, can be cited as evidence that your organization is not actively monitoring accessibility developments.

2. It Weakens Legal Defenses
   When facing an accessibility lawsuit, demonstrating an ongoing, proactive approach is essential for mounting a credible defense. A hollow accessibility statement undermines that defense. Instead of showing diligence and good faith, it highlights gaps in process, oversight, and accountability, making it easier for plaintiffs to establish liability.
3. It Damages Public Trust
   Customers increasingly expect brands to demonstrate genuine commitments to diversity, equity, and inclusion. A superficial or misleading accessibility statement damages your credibility with consumers, employees, investors, and partners.

For users with disabilities, a market that influences over $1.2 trillion in annual disposable income worldwide, the betrayal of trust can lead to swift disengagement and public backlash, especially on social media platforms where accessibility advocacy is highly active.

4. It Increases the Likelihood of Repeat Claims
   Organizations that appear inattentive to accessibility are more likely to face serial litigation. Plaintiffs’ attorneys track companies with weak public commitments and technical gaps, making those organizations frequent targets for demand letters and lawsuits. A poor statement signals vulnerability.
   
   

What an Effective Accessibility Statement Must Contain

An effective accessibility statement does more than state intent—it communicates transparency, responsibility, and a commitment to continual improvement. Here are the key elements every statement should include:

• Honest Reflection of Current Status
  Avoid sweeping claims of full compliance unless they are accurate and verifiable. Instead, provide an honest assessment of your current stage in the accessibility journey. Transparency builds trust; overstatements erode it.
• Reference to Recognized Standards
  Cite the specific standards you are working toward, such as WCAG 2.1 Level AA, Section 508, or other applicable guidelines. Avoid vague language like “We strive to make our site accessible” without connecting that aspiration to recognized benchmarks.
• Description of Efforts and Testing
  Outline the steps taken to assess and improve accessibility. This might include independent audits, usability testing with assistive technologies, third-party evaluations, and the implementation of accessibility best practices in ongoing development cycles.
• Clear and Accessible Contact Mechanism
  Provide a direct method for users to report barriers, and commit to prompt, meaningful responses. Including both an email address and an alternative method (such as a phone number or a form) demonstrates that you prioritize accessible communication.
• Acknowledgment of Ongoing Work
  Accessibility is dynamic, not static. New technologies, website updates, and evolving standards mean that companies must maintain accessibility over time. A strong statement acknowledges that accessibility is a continuous effort.
• Date of Last Update
  Including a visible "last updated" date shows that your statement is reviewed and maintained regularly. A date from several years ago signals neglect and undermines your credibility.
  
  

The Strategic Value of a Well-Crafted Accessibility Statement

Organizations that treat accessibility statements as strategic documents—not just legal disclaimers—position themselves as leaders in inclusion and innovation.

A well-drafted accessibility statement signals that your brand values all users and takes its legal and ethical obligations seriously. It can also demonstrate corporate social responsibility, bolster ESG (Environmental, Social, and Governance) efforts, and enhance relationships with investors, partners, and consumers.

In procurement and partnership evaluations, an increasing number of organizations now inquire about accessibility. A strong statement, coupled with real evidence of compliance work, can be a differentiator in competitive bids and partnership negotiations.

How to Avoid Common Pitfalls

When creating or updating your accessibility statement, be mindful to avoid these frequent missteps:

• Don’t Copy and Paste Generic Templates. Tailor your statement to your organization’s actual accessibility efforts and policies.
• Don’t Overpromise. Stick to verifiable claims. Avoid language that suggests full compliance if ongoing efforts are still needed.
• Don’t Let It Sit Stale. Review your statement regularly, at least annually, and update it whenever there are major site changes or accessibility audits.
• Don’t Hide It. Make your accessibility statement easily accessible, ideally linked from your website’s footer or main navigation.

Every word in your accessibility statement represents a corporate commitment because increasingly, regulators, courts, and the public view it that way.

Accessibility Statements as a Reflection of Brand Integrity

In an environment where accessibility is no longer optional, organizations cannot afford to treat their accessibility statement as a back-office compliance formality. It is a public-facing document that reflects your brand’s integrity, accountability, and vision for inclusivity.

A poor accessibility statement does more than fail to protect you; it actively signals risk, invites legal scrutiny, alienates customers, and damages brand value.

In contrast, an honest, transparent, and well-maintained statement reinforces your commitment to digital inclusion and strengthens your standing in the marketplace. It tells customers, courts, and competitors alike that accessibility is embedded in your brand’s DNA, not an afterthought.

In today’s landscape, the question is no longer whether you need an accessibility statement; the question is whether you have one. It’s whether yours proves that you mean what you say.