Oregon Digital Accessibility Law

WCAG 2.1 AA + Section 508 Federal ADA Title II baseline

Oregon has no state-specific digital or ICT accessibility statute; accessibility of state agency, public university, and local government websites and software is governed by the federal ADA Title II rule (28 CFR Part 35), which adopts WCAG 2.1 Level AA, coordinated internally by the Oregon Department of Administrative Services' Enterprise Information Services (EIS). Compliance follows the federal deadlines of April 26, 2027 (larger entities) and April 26, 2028 (smaller entities and special districts). Oregon's general disability anti-discrimination law (ORS 659A.142) does reach state government services and public accommodations and carries a private right of action under ORS 659A.885 with compensatory damages (or a $200 minimum), punitive damages, and attorney fees, but these are general remedies and are not digital-accessibility-specific per-violation fines. For public-entity website claims, enforcement is most likely to proceed under federal ADA Title II via DOJ complaint or private suit rather than a dedicated Oregon digital-accessibility penalty regime.

What the law requires

  • Responsible agency Oregon Department of Administrative Services, Enterprise Information Services (EIS); enforcement of disability anti-discrimination under ORS 659A is handled by the Bureau of Labor and Industries (BOLI) and the courts (oregon.gov/eis/Pages/accessibility.aspx) (opens in new tab)
  • Adopted standard WCAG 2.1 Level AA (per federal ADA Title II rule, 28 CFR Part 35). Section 508 alignment is via the federal baseline; Oregon has no separate state-adopted ICT standard.
  • Who it covers Federal ADA Title II covers all Oregon state agencies, public higher education institutions, and local governments (cities, counties, special districts), including content delivered through contractors/third parties. ORS 659A.142 covers state government services/programs/activities and places of public accommodation. No Oregon-specific statute directly imposes a digital accessibility standard on private vendors/contractors beyond pass-through obligations of the covered public entity.
  • Private right of action Yes (general disability law, not digital-specific). ORS 659A.885 allows an aggrieved individual to file a civil action in circuit court for unlawful disability discrimination under ORS 659A.142, which reaches state government services and places of public accommodation. There is no Oregon private right of action specific to digital/ICT or WCAG; digital accessibility claims against public entities would primarily proceed under federal ADA Title II / Section 504 (also enforceable by private suit and DOJ complaint).
  • Statutory damages / penalties Under ORS 659A.885, for disability and public-accommodation claims a court may award compensatory damages or $200, whichever is greater, plus punitive damages, costs, and reasonable attorney fees; a jury trial is available. The Commissioner of BOLI may seek civil penalties up to $50,000 for a first pattern-or-practice violation and up to $100,000 for subsequent violations. These remedies are general disability-discrimination remedies and are not framed as per-violation digital-accessibility fines. Federal ADA Title II itself provides injunctive relief and compensatory damages but no statutory per-violation penalty for private suits.
  • Exemptions Federal ADA Title II exceptions apply: undue burden, fundamental alteration, and the specific WCAG conformance exceptions in 28 CFR 35.205 (archived web content, preexisting conventional electronic documents, third-party content not posted by/for the public entity, individualized password-protected documents, and content from third parties linked from the entity's site), plus the small-government 'measurable equivalent' provisions for entities under 50,000 population. Oregon law does not add state-specific digital exemptions; ORS 659A disability provisions incorporate reasonable-modification and undue-hardship concepts.
  • Governing authority No Oregon-specific digital/ICT accessibility statute. State/local government and public higher education digital accessibility rests on the federal ADA Title II rule (28 CFR Part 35, adopting WCAG 2.1 Level AA). Oregon EIS/DAS coordinates compliance internally but cites the federal rule as the governing authority rather than a binding state statute or administrative rule. Separately, Oregon's general disability anti-discrimination statute ORS 659A.142 prohibits disability discrimination by state government (services, programs, activities) and by places of public accommodation, with a private civil action under ORS 659A.885; these are general statutes not specific to web/ICT accessibility but can be applied to digital services.
  • Compliance deadline Federal Title II dates only. Per the DOJ April 2024 final rule (as extended by the DOJ interim final rule), public entities with population 50,000 or more must comply by April 26, 2027, and smaller entities and special district governments by April 26, 2028. Oregon EIS guidance had referenced an internal target of April 24, 2026, but the binding deadlines are the federal ones. Oregon has no separate statutory deadline.

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Official sources:
oregon.gov/eis/Pages/accessibility.aspx (opens in new tab)
oregon.gov/pages/accessibility.aspx (opens in new tab)
oregonlegislature.gov/bills_laws/ors/ors659a.html (opens in new tab)
oregon.public.law/statutes/ors_659a.142 (opens in new tab)
oregon.public.law/statutes/ors_659a.885 (opens in new tab)
section508.gov/manage/laws-and-policies/state/ (opens in new tab)
oregon.gov/oha/digital-accessibility/pages/federal-rules-on-digital-accessibility.aspx (opens in new tab)

Not legal advice. Informational summary compiled from the official sources cited above, last verified 2026-06-08. Requirements change; confirm against the primary source before relying on it. Federal ADA Title II applies regardless of state law (WCAG 2.1 Level AA; compliance April 26, 2027 for entities of 50,000+ population, April 26, 2028 for smaller entities and special districts). See all states.