ADA Documentation Mistakes That Undermine Good Faith Defense

Many government entities attempt accessibility remediation but still face enforcement risk because their documentation is incomplete or inconsistent. Courts and regulators rely on evidence, not verbal assurances. A single documentation mistake can weaken an otherwise strong compliance effort.

This guide outlines the most common documentation errors and how to avoid them.

**Important Note:** This content is for educational purposes only and does not constitute legal advice. Consult qualified ADA counsel for guidance specific to your organization.

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🚨 COMMON FAILURE POINT: If your documentation is undated, informal, or incomplete, it will carry little weight during enforcement.

Mistake 1: Undated or Inconsistent Records

Documentation without clear dates is nearly useless in legal contexts. Always include dates on audits, remediation logs, and policies. If dates conflict, your credibility suffers.

Mistake 2: One-Time Audits With No Follow-Up

A single audit does not demonstrate good faith. Courts expect ongoing monitoring. Without follow-up reports or remediation logs, your audit looks like a stalled effort.

Mistake 3: Missing Accessibility Policies

Verbal commitments are not evidence. Without a written accessibility policy, you cannot show organizational commitment. Policies should be dated, signed, and implemented.

Mistake 4: No Proof of Remediation

Claiming you fixed issues is not enough. Courts want proof: before/after evidence, validation scans, and remediation logs that show the work was completed.

Mistake 5: Ignoring PDFs and Third-Party Content

Most government enforcement actions cite inaccessible PDFs and vendor tools. If your documentation does not address these areas, you appear to be missing the most common risks.

Mistake 6: Not Training Staff

New content often reintroduces violations. Without training documentation, you cannot show that you prevented recurrence.

✅ FAST FIX: If you fix nothing else, document dates, maintain a remediation log, and produce quarterly monitoring reports. These three elements strengthen any good-faith defense.

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The Government Compliance Action Kit includes a compliance certificate and documentation templates to help avoid these mistakes.

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Documentation mistakes are avoidable, but they are common. Make sure every audit, remediation effort, policy, and training record is dated, stored centrally, and updated regularly. Good faith is demonstrated by consistency and evidence. Treat documentation as a core part of your compliance program.