Illinois Information Technology Accessibility Act (ITAA), 30 ILCS 587

Plain English Summary

The Illinois Information Technology Accessibility Act (ITAA) is a state law that requires Illinois state agencies and public universities to make their information technology -- including websites, software, and electronic documents -- accessible to people with disabilities. Enacted in 2007, it was one of the first state laws in the country to specifically address digital accessibility for government technology.

The ITAA establishes that people with disabilities have the right to access and use state information technology, and it requires state agencies to comply with accessibility standards developed by the Illinois Department of Innovation and Technology (DoIT). These standards reference the federal Section 508 standards and WCAG guidelines, creating a framework that aligns with national accessibility expectations.

Beyond the ITAA, Illinois has additional laws that affect accessibility, including the Illinois Human Rights Act (which prohibits disability discrimination in public accommodations and employment) and the Biometric Information Privacy Act (BIPA). The combination of these laws, along with Illinois being a significant jurisdiction for federal ADA litigation, makes the state an important player in the national accessibility landscape.

Who This Applies To

ITAA Coverage

Directly Covered:

• All Illinois state agencies under the Governor's jurisdiction
• State boards and commissions
• Public universities and community colleges in Illinois
• Any entity that is part of the Illinois state government

Indirectly Affected:

• Technology vendors selling products to Illinois state government
• Contractors and consultants developing websites or applications for covered entities
• Third-party platforms used by state agencies for public services

Illinois Human Rights Act

Covered Entities:

• Places of public accommodation in Illinois
• Employers with 15 or more employees (some provisions apply to employers with one or more employees)
• Real estate transactions
• Financial institutions providing credit

Protected Individuals:

• People with disabilities as defined by state law
• The definition of disability under the Illinois Human Rights Act is generally aligned with the ADA but may provide broader coverage in certain circumstances

BIPA (Biometric Information Privacy Act)

While not an accessibility law, BIPA is relevant to accessibility because:

• It regulates the collection of biometric data, which intersects with assistive technologies that may use biometric inputs
• It has implications for facial recognition, fingerprint, and voice recognition technologies used in accessible interfaces
• Illinois BIPA provides a private right of action with statutory damages, creating additional compliance considerations for technology providers

Key Requirements

ITAA Requirements

The ITAA mandates that Illinois state agencies:

Accessible Information Technology:

• All information technology developed, procured, maintained, or used by state agencies must be accessible to people with disabilities
• This includes websites, web applications, software, electronic documents, multimedia content, and hardware

Standards Compliance:

• State agencies must comply with the accessibility standards published by the Illinois Department of Innovation and Technology
• These standards reference WCAG Level AA and Section 508 standards
• The standards are updated periodically to align with current federal standards

Procurement:

• When acquiring information technology, state agencies must consider accessibility as a factor
• Vendors must demonstrate that their products meet accessibility standards
• Contracts should include accessibility requirements and compliance provisions

Testing and Monitoring:

• State agencies are expected to test their information technology for accessibility
• DoIT provides guidance and resources for accessibility testing
• Regular monitoring is expected to maintain ongoing compliance

Training:

• State employees involved in developing, procuring, or maintaining information technology should receive accessibility training
• Content creators must understand how to produce accessible digital content

Website-Specific Requirements

Illinois state agency websites must:

• Conform to WCAG Level AA success criteria
• Provide accessible alternatives for multimedia content (captions, transcripts, audio descriptions)
• Ensure all forms are usable with assistive technologies
• Maintain accessible navigation and document structure
• Provide electronic documents in accessible formats
• Include an accessibility statement and feedback mechanism

Illinois Human Rights Act Requirements

• Public accommodations must provide full and equal enjoyment of facilities and services
• Reasonable accommodations must be provided for people with disabilities
• The law applies to both physical and digital services offered by places of public accommodation

Enforcement and Penalties

ITAA Enforcement

• DoIT oversight: The Department of Innovation and Technology monitors state agency compliance and provides guidance
• Administrative enforcement: Non-compliant agencies may be required to remediate their technology and demonstrate compliance
• Attorney General: The Illinois Attorney General can investigate complaints about state agency accessibility
• No explicit private right of action under the ITAA: The law does not provide a direct mechanism for individuals to sue state agencies under the ITAA itself

Alternative Legal Avenues

While the ITAA itself has limited enforcement mechanisms, individuals can pursue accessibility claims against Illinois entities through:

• Federal ADA Title II: State and local government entities must comply with the ADA, and the 2024 Title II rule now mandates WCAG 2.1 AA
• Section 504: Illinois entities receiving federal funding must comply with Section 504
• Illinois Human Rights Act: Provides remedies for disability discrimination in public accommodations
• Federal Section 508: Applies to Illinois agencies when spending federal funds

Illinois Human Rights Act Enforcement

• Illinois Department of Human Rights (IDHR): Investigates complaints of discrimination
• Illinois Human Rights Commission: Adjudicates complaints and can award remedies
• Filing deadline: 300 days from the date of the alleged discrimination
• Available remedies: Compensatory damages, attorneys' fees, injunctive relief, civil penalties

Federal Enforcement Applicable to Illinois

• Federal ADA Title II complaints can be filed with the DOJ
• Section 504 complaints can be filed with the relevant federal agency
• Private lawsuits under the ADA can be filed in federal court
• The 2024 Title II rule provides specific, enforceable standards for Illinois government websites

Practical Implications

For Illinois State Agencies

• Align with the 2024 Title II rule. While the ITAA predates the Title II rule, the federal mandate for WCAG 2.1 AA compliance now provides additional legal force and specific deadlines. Illinois agencies must meet these deadlines.
• Work with DoIT. Leverage the resources, guidance, and technical support provided by the Illinois Department of Innovation and Technology.
• Prioritize procurement accessibility. Ensure all technology purchases include accessibility requirements. Request and evaluate Voluntary Product Accessibility Templates (VPATs) from vendors.
• Train all content creators. Every employee who publishes web content, creates documents, or manages social media for a state agency must understand accessibility requirements.
• Test systematically. Implement regular accessibility testing using both automated tools and manual testing with assistive technologies.

For Illinois Municipalities and Local Governments

• The ITAA applies to state-level entities, but local governments are covered by the federal ADA Title II and the 2024 web accessibility rule.
• Local governments must meet WCAG 2.1 AA by the deadlines established in the 2024 Title II rule (April 2026 for large entities, April 2027 for smaller ones).
• Consult the Illinois Municipal League and other resources for guidance on meeting local government accessibility obligations.

For Technology Vendors

• If you sell to Illinois state government, your products must be accessible. The ITAA's procurement requirements mean that inaccessible products will be at a disadvantage in state procurement.
• Prepare a VPAT for all products sold to government entities.
• Build accessibility into your development process. Government procurement is a significant market, and accessibility is increasingly a competitive differentiator.

For People with Disabilities in Illinois

• State agency technology should be accessible. If you encounter barriers on a state agency or university website, you can file a complaint with DoIT, the Attorney General, or the DOJ.
• The Illinois Human Rights Act provides additional protections. If a place of public accommodation in Illinois denies you equal access, you can file a complaint with the Illinois Department of Human Rights.
• Federal law provides strong backup. ADA Title II, Section 504, and the 2024 Title II rule all apply to Illinois government entities and provide enforceable standards.

Key Dates and Deadlines

| Date | Event | |------|-------| | August 24, 2007 | Illinois ITAA enacted | | 2008 | BIPA (Biometric Information Privacy Act) enacted | | 2017 | Illinois ITAA standards updated to align with refreshed Section 508 | | April 24, 2024 | Federal Title II web accessibility rule published (supplements ITAA) | | April 24, 2026 | Federal Title II compliance deadline for large Illinois government entities | | April 26, 2027 | Federal Title II compliance deadline for small Illinois government entities |

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This content is provided for educational and informational purposes only and does not constitute legal advice. For guidance on your specific situation, consult a qualified attorney. Laws and regulations are subject to change, and this information may not reflect the most current legal developments.