WCAG 2.2 became a W3C Recommendation on October 5, 2023. It adds 9 new success criteria to the 78 in WCAG 2.1. But here's the question that matters for legal compliance: which version are courts and regulators actually requiring?
The Current Legal Standard
The DOJ's April 2024 Title II rule — the first federal regulation to specify a technical accessibility standard — requires conformance to WCAG 2.1 Level AA. Not WCAG 2.2. This is the standard state and local governments must meet by April 2026/2027.
ADA Title III (which covers private businesses) doesn't specify any WCAG version. Courts reference WCAG as persuasive authority, and most consent decrees in 2025 cite WCAG 2.1 AA as the remediation standard.
Our CourtListener search for "WCAG 2.2" in 2025 federal filings found limited results. The overwhelming majority of complaints and consent decrees reference WCAG 2.1 AA. For example, in Hippe v. Favorite Daughter Holdings (E.D. Wisconsin, 2025), the court ordered compliance with "Web Content Accessibility Guidelines (WCAG) 2.2 Level AA" — one of the few cases to cite the newer standard.
Practical takeaway: WCAG 2.1 AA is the current enforceable standard. WCAG 2.2 is emerging but not yet widely referenced in litigation. Meeting 2.1 AA satisfies current legal requirements. Meeting 2.2 AA future-proofs you.
What WCAG 2.2 Added
WCAG 2.2 introduces 9 new success criteria (and removes one — 4.1.1 Parsing). Here are the additions that matter most for websites:
Level A (New)
3.3.7 — Redundant Entry
Users should not have to re-enter information already submitted in the same process. If someone enters their name on step 1 of a form, step 3 shouldn't ask for it again unless the field auto-populates.
Impact: Multi-step forms, checkout flows, and application processes must either auto-fill previously entered data or not request it again.
Level AA (New — Most Relevant for Compliance)
2.4.11 — Focus Not Obscured (Minimum)
When a user interface component receives keyboard focus, it must not be entirely hidden by author-created content. In practice: sticky headers, cookie banners, and chat widgets must not cover the focused element.
Impact: This is common on e-commerce sites. A sticky navigation bar that covers a form field when it receives Tab focus now violates WCAG 2.2 AA.
2.4.13 — Focus Appearance
Focus indicators must meet minimum size and contrast requirements. The default browser focus ring may not be sufficient.
Impact: Websites that style custom focus indicators must now meet specific dimensional requirements — not just "visible."
2.5.7 — Dragging Movements
Any functionality that uses dragging (drag-and-drop) must also be achievable through a single pointer without dragging. Slider controls, sortable lists, and kanban boards need alternative input methods.
Impact: Price range sliders on e-commerce sites, drag-to-reorder interfaces, and map interactions must have non-drag alternatives.
2.5.8 — Target Size (Minimum)
Interactive targets must be at least 24x24 CSS pixels, with exceptions for inline text links and elements where the size is essential. This is smaller than the 2.1 AAA requirement of 44x44 pixels but establishes a floor.
Impact: Tiny close buttons on modals, small checkboxes, and cramped navigation links may violate this criterion.
3.2.6 — Consistent Help
If a page contains help mechanisms (contact info, chat, FAQ link), they must appear in the same relative location across pages.
Impact: If your contact link is in the footer on some pages and the header on others, or if your chat widget appears on some pages but not others, this is a violation.
3.3.8 — Accessible Authentication (Minimum)
Authentication processes must not require cognitive function tests (like remembering a password or solving a puzzle) unless an alternative is available. Passkeys, password managers, and copy-paste must be supported.
Impact: CAPTCHAs that require pattern recognition, login systems that block paste into password fields, and authentication flows that require memorization without alternatives now violate this criterion.
Level AAA (New)
2.4.12 — Focus Not Obscured (Enhanced) and 3.3.9 — Accessible Authentication (Enhanced) are AAA-level enhancements of the AA criteria above. AAA is aspirational, not typically required by courts.
What Was Removed
4.1.1 — Parsing was removed from WCAG 2.2. This criterion required valid HTML markup. The W3C determined that modern browsers and assistive technology handle parsing errors robustly enough that this criterion was no longer necessary.
This doesn't mean you can write broken HTML — it just means invalid markup alone is no longer a WCAG failure. Accessibility still requires proper semantic structure.
Side-by-Side Comparison
| Feature | WCAG 2.1 AA | WCAG 2.2 AA |
|---|---|---|
| Total success criteria | 50 (AA level) | 55 (AA level) |
| Release date | June 2018 | October 2023 |
| DOJ Title II requirement | Yes | Not yet |
| Court citations (2025) | Dominant | Emerging |
| Focus appearance rules | Basic (2.4.7) | Enhanced (2.4.11, 2.4.13) |
| Target size minimum | None at AA | 24x24 CSS pixels |
| Dragging alternatives | None | Required |
| Authentication | None | Cognitive test alternatives required |
| Redundant entry | None | Prohibited |
| Consistent help | None | Required |
What Courts May Require Going Forward
Legal standards lag behind W3C recommendations. WCAG 2.0 was published in 2008; courts didn't widely adopt it until years later. WCAG 2.1 (2018) became the dominant reference by 2022. WCAG 2.2 (2023) is beginning to appear in 2025 rulings.
The European Accessibility Act, which took effect in June 2025, references the EN 301 549 standard, which in turn maps to WCAG. As EN 301 549 updates to reflect WCAG 2.2, European compliance requirements will shift.
The next DOJ rulemaking — whenever it occurs — could update the Title II standard from 2.1 to 2.2. Private litigation will likely reference 2.2 with increasing frequency.
Government websites face the most concrete deadlines — see our breakdown of Title II compliance requirements.
The Practical Recommendation
- Meet WCAG 2.1 AA immediately. This is the current legal floor.
- Plan for WCAG 2.2 AA. The new criteria are practical and not difficult to implement. Most focus on interaction patterns (focus management, target sizes, drag alternatives) that improve usability for all users.
- Audit against 2.2 now. Many automated tools (axe, WAVE) already check for 2.2 criteria. Getting ahead of the standard costs nothing extra if you're already remediating.
The gap between 2.1 AA and 2.2 AA is 5 new success criteria at the AA level. For most websites, addressing them is straightforward. The real risk is ignoring both versions and hoping the lawsuits go elsewhere.
In 2025, over 5,000 lawsuits demonstrate they won't.
Frequently Asked Questions
What is the difference between WCAG 2.1 and WCAG 2.2?
WCAG 2.2 adds 9 new success criteria to WCAG 2.1 and removes one (4.1.1 Parsing). At the AA level, WCAG 2.2 adds 5 new criteria covering focus appearance, target size minimums, dragging alternatives, consistent help placement, and accessible authentication.
Which WCAG version do courts require in 2025?
Courts overwhelmingly reference WCAG 2.1 Level AA. The DOJ's April 2024 Title II rule specifically requires WCAG 2.1 AA for government websites. WCAG 2.2 is emerging in a few 2025 rulings but is not yet the dominant standard in litigation.
Do I need to comply with WCAG 2.2?
WCAG 2.1 AA satisfies current legal requirements. However, WCAG 2.2 AA future-proofs your website. The gap between the two is only 5 new AA-level criteria, most of which address practical interaction patterns like target sizes and focus management.
Sources: W3C WCAG 2.2 Specification, W3C What's New in WCAG 2.2, DOJ Title II Final Rule, CourtListener RECAP Archive, EcomBack 2025 Report