Virginia bans disability discrimination by any business offering goods or services to the public; a customer can win compensatory and punitive damages plus fees after an agency filing, and the Attorney General can seek civil penalties up to $50,000 (first) / $100,000 (subsequent). On top of that, the federal ADA applies in Virginia as everywhere: a business that loses or settles a website accessibility suit pays the plaintiff’s attorney’s fees.
The law
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 Virginia and everywhere else.
Lawsuits in Virginia
The lawsuit tracker has no indexed court records from Virginia yet.
Questions
Can a business in Virginia 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. Under Virginia law a person can sue the business directly. We found no court decision applying Virginia law to a website.
What is the minimum a Virginia court awards for a website accessibility violation?
Virginia law sets no fixed minimum per violation. Virginia bans disability discrimination by any business offering goods or services to the public; a customer can win compensatory and punitive damages plus fees after an agency filing, and the Attorney General can seek civil penalties up to $50,000 (first) / $100,000 (subsequent).
Do I pay the plaintiff's lawyer if I lose or settle in Virginia?
Under the federal ADA, yes: a business that loses or settles usually pays the plaintiff's attorney's fees (42 U.S.C. § 12205). Virginia law also provides for attorney's fees.
Which accessibility standard should a Virginia 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.