Website accessibility law in Indiana

Indiana's claim runs through the Indiana Civil Rights Commission; a court case is possible only after a probable-cause finding and if both complainant and respondent agree in writing to move it to court (§§ 22-9-1-16, -17), with relief limited to restoring losses — no statutory damages or penalties. On top of that, the federal ADA applies in Indiana as everywhere: a business that loses or settles a website accessibility suit pays the plaintiff’s attorney’s fees.

The law

Minimum per violation
None set
Can a person sue for money?
No
Attorney's fees under state law
Unconfirmed
Other money remedies
  • commission (or court, after election) may order respondent to restore complainant's losses incurred as a result of discriminatory treatment, § 22-9-1-6(k)(A)
  • license show-cause referral for licensed violators, § 22-9-1-6(k)(D)
Websites
We found no court decision applying Indiana law to a website.

The federal baseline

ADA Title III gives a private plaintiff no money damages, but a business that loses or settles pays the plaintiff’s attorney’s fees (42 U.S.C. § 12205 (opens in a new tab)). That fee-shifting is what makes a website claim expensive, in Indiana and everywhere else.

Lawsuits in Indiana

Our lawsuit tracker has indexed 50 federal court records from Indiana. It’s a sample, not a complete count: it covers dockets that say what they’re about.

Compare every state

Questions

Can a business in Indiana be sued over an inaccessible website?

Yes. The federal ADA applies in every state, and a plaintiff can sue in federal court for an order to fix the site plus attorney's fees. Indiana law doesn't let a person sue for money directly; complaints go to a state agency. We found no court decision applying Indiana law to a website.

What is the minimum a Indiana court awards for a website accessibility violation?

Indiana law sets no fixed minimum per violation. Indiana's claim runs through the Indiana Civil Rights Commission; a court case is possible only after a probable-cause finding and if both complainant and respondent agree in writing to move it to court (§§ 22-9-1-16, -17), with relief limited to restoring losses — no statutory damages or penalties.

Do I pay the plaintiff's lawyer if I lose or settle in Indiana?

Under the federal ADA, yes: a business that loses or settles usually pays the plaintiff's attorney's fees (42 U.S.C. § 12205). Whether Indiana law adds its own fee award is unconfirmed.

Which accessibility standard should a Indiana business website meet?

The ADA doesn't name a technical standard for businesses. The Justice Department's 2022 guidance points to the Web Content Accessibility Guidelines (WCAG), and its 2024 rule for state and local governments adopted WCAG 2.1 Level AA.