LEGALITIES : USA - SECTION 508
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Section 508 requires that Federal agencies electronic and information technology is accessible to people with disabilities. The Center for Information Technology Accommodation (CITA), in the U.S. General Services Administration's Office of Governmentwide Policy, has been charged with the task of educating Federal employees and building the infrastructure necessary to support Section 508 implementation. Using this web site (http://www.section508.gov/), Federal employees and the public can access resources for understanding and implementing the requirements of Section 508.
Section 508 Background
(http://www.section508.gov/index.cfm?FuseAction=Content&ID=3)
In 1998, Congress amended the Rehabilitation Act to require Federal agencies to make their electronic and information technology accessible to people with disabilities. Inaccessible technology interferes with an individual's ability to obtain and use information quickly and easily. Section 508 was enacted to eliminate barriers in information technology, to make available new opportunities for people with disabilities, and to encourage development of technologies that will help achieve these goals. The law applies to all Federal agencies when they develop, procure, maintain, or use electronic and information technology. Under Section 508 (29 U.S.C. ‘ 794d), agencies must give disabled employees and members of the public access to information that is comparable to the access available to others.
Section 508
Section 508 establishes requirements for electronic and information technology developed, maintained, procured, or used by the Federal government. Section 508 requires Federal electronic and information technology to be accessible to people with disabilities, including employees and members of the public.
An accessible information technology system is one that can be operated in a variety of ways and does not rely on a single sense or ability of the user. For example, a system that provides output only in visual format may not be accessible to people with visual impairments and a system that provides output only in audio format may not be accessible to people who are deaf or hard of hearing. Some individuals with disabilities may need accessibility-related software or peripheral devices in order to use systems that comply with Section 508.
For more information on section 508, contact:U.S. General Services Administration
Center for IT Accommodation (CITA)
1800 F Street, N.W.,
Room 1234, MC:MKC
Washington, DC 20405-0001http://www.itpolicy.gsa.gov/cita
(202) 501-4906 (voice)
(202) 501-2010 (TTY)U.S. Architectural and Transportation
Barriers Compliance Board
1331 F Street, N.W. Suite 1000
Washington, DC 20004-1111800-872-2253 (voice)
800-993-2822 (TTY)
Summary of Final Ruling Section 508
( http://www.access-board.gov/sec508/summary.htm )
The Law: Section 508
In 1998, Congress amended the Rehabilitation Act and strengthened provisions covering access to information in the Federal sector. As amended, section 508 of the Rehabilitation Act requires access to the Federal government's electronic and information technology. The law covers all types of electronic and information technology in the Federal sector and is not limited to assistive technologies used by people with disabilities. It applies to all Federal agencies when they develop, procure, maintain, or use such technology. Federal agencies must ensure that this technology is accessible to employees and the public to the extent it does not pose an "undue burden." The law directs the Access Board to develop access standards for this technology that will become part of the Federal procurement regulations.
The Scope: Section 508
The scope of section 508 is limited to the Federal sector. It does not apply to the private sector, nor does it generally impose requirements on the recipients of Federal funds. (However, States receiving assistance under the Assistive Technology Act State Grant program are required to comply with section 508 and the Board’s standards, according to the Department of Education, which administers the Act). The Department plans to issue guidance on how the standards apply to the States under the Assistive Technology Act. For further information, e-mail the Department of Education or call (202) 205-5666 (voice) or 202-205-5516 (TTY).
Enforcement and Effective Date
Section 508 uses the Federal procurement process to ensure that technology acquired by the Federal government is accessible. The law also sets up an administrative process under which individuals with disabilities can file a complaint alleging that a Federal agency has not complied with the standards. This process uses the same complaint procedures established under section 504 of the Rehabilitation Act (which covers access to Federally funded programs and services). Individuals may also file a civil action against an agency to seek injunctive relief and attorney's fees (but not compensatory or punitive damages). The enforcement provisions of section 508 take effect six months from the date the Board published its final standards. The Board published its standards on December 21, 2000. Therefore, the enforcement provisions of section 508 are effective as of June 21, 2001. (Originally, they were to take effect August 7, 2000, but section 508 was further amended to allow time for compliance after publication of the standards).
By statute, the enforcement provisions of section 508 apply only to electronic and information technology procured on or after the effective date. As a result, section 508 does not authorize complaints or lawsuits to retrofit technology procured before this date to meet the Board's standards. However, even though section 508's enforcement mechanisms apply only to procurement, the law does require access to technology developed, used or maintained by a Federal agency. Further, other sections of the Rehabilitation Act require access to Federal programs (section 504) and accommodation of Federal employees with disabilities (sections 501 and 504); it is possible that Federal agencies will use the Board's section 508 standards as a yardstick to measure compliance with these other sections of the law.
"Undue Burden"
A Federal agency does not have to comply with the technology accessibility standards if it would impose an undue burden to do so. This is consistent with language used in the Americans with Disabilities Act (ADA) and other civil rights legislation, where the term `undue burden' has been defined as "significant difficulty or expense." However, the agency must explain why meeting the standards would pose an undue burden for a given procurement action, and must still provide people with disabilities access to the information or data that is affected.
Info on Section 508
Section 508 of the U.S. Rehabilitation Act of 1973 -- Department of Justice site.
Section 508: The Road to Accessibility --U.S. General Services Administration's Office of Government-wide Policy site.
Section 508: Academic Community -- Resources from various academic institutions.
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