Section 508 Amendment to the Rehabilitation Act of 1973

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Chief Operations Officer of FEDVC Torsten Oberst demonstrates how their software reads any web content/text into an audio Cloud service at the U. S. Department of Agriculture (USDA) Section 508 and Disability Awareness Program in Washington, DC, on Monday, October 31, 2011

In 1998 the US Congress amended the Rehabilitation Act to require Federal agencies to make their electronic and information technology accessible to people with disabilities. 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.[1]

History[edit]

Section 508 was originally added as an amendment to the Rehabilitation Act of 1973 in 1986. The original section 508 dealt with electronic and information technologies, in recognition of the growth of this field.

In 1997, The Federal Electronic and Information Technology Accessibility and Compliance Act was proposed in the U.S. legislature to correct the shortcomings of the original section 508; the original Section 508 had turned out to be mostly ineffective, in part due to the lack of enforcement mechanisms. In the end, this Federal Electronic and Information Technology Accessibility and Compliance Act, with revisions, was enacted as the new Section 508 of the Rehabilitation Act of 1973, in 1998.

Section 508 addresses legal compliance through the process of market research and government procurement and also has technical standards against which products can be evaluated to determine if they meet the technical compliance. Because technology can meet the legal provisions and be legally compliant (e.g., no such product exists at time of purchase) but may not meet the United States Access Board's technical accessibility standards, users are often confused between these two issues. Additionally, evaluation of compliance can be done only when reviewing the procurement process and documentation used when making a purchase or contracting for development, the changes in technologies and standards themselves, it requires a more detailed understanding of the law and technology than at first seems necessary.

There is nothing in section 508 that requires private web sites to comply unless they are receiving federal funds or under contract with a federal agency. Commercial best practices include voluntary standards and guidelines as the World Wide Web Consortium's (W3C) Web Accessibility Initiative (WAI). Automatic accessibility checkers (engines) such as "IBM Rational Policy Tester" and AccVerify, refer to Section 508 guidelines but have difficulty in accurately testing content for accessibility.[citation needed]

In 2006, the United States Access Board organized the Telecommunications and Electronic and Information Technology Advisory Committee (TEITAC) to review and recommend updates to its Section 508 standards and Telecommunications Act Accessibility Guidelines. TEITAC issued its report to the Board in April 2008. The Board released drafts of proposed rules based on the committee’s recommendations in 2010 and 2011 for public comment.[2] Some observers have speculated that the final version of the updated standards may be approved in March 2014, with a requirement for affected jurisdictions to conform by 2016 to allow time for the implementation of the new standards.[3]

The law[edit]

Qualifications[edit]

  • Federal agencies can be in legal compliance and still not meet the technical standards. Section 508 §1194.3 General exceptions describe exceptions for national security (e.g., most of the primary systems used by the National Security Agency (NSA)), incidental items not procured as work products, individual requests for non-public access, fundamental alteration of a product's key requirements, or maintenance access.
  • In the case that implementation of such standards causes undue hardship to the Federal agency or department involved, such Federal agencies or departments are required to supply the data and information to covered disabled persons by alternative means that allow them to make use of such information and data.
  • Section 508 requires that all Federal information that is accessible electronically must be accessible for those with disabilities. This information must be accessible in a variety of ways, which are specific to each disability.
  • The Rehabilitation Act of 1973 requires that all federal agencies provide individuals with disabilities with reasonable accommodation, which falls into three categories: (1)modifications and adjustments must be made for a person with a disability to be considered for a job (2)modifications and adjustments must be made in order for an individual to execute essential functions of the job (3) modifications or adjustments must be made in order to enable employees to have equal benefits and privileges
  • Some users may need certain software in order to be able to access certain information.
  • People with disabilities are not required to use specific wording when putting in a reasonable accommodation request when applying for a job. An agency must be flexible in processing all requests. This means that agencies cannot adopt a "one-size fits all" approach. Each process should be handled on a case-by-case basis.
  • If you or anyone else has any further questions you can contact U.S. General Services Administration, Center for IT Accommodation (CITA), 1800 F Street, N.W., Room 1234, MC:MKC, Washington, DC 20405-0001, www.gsa.gov/section508, (202) 501-4906 (voice), (202) 501-2010 (TTY).

Provisions[edit]

The original legislation mandated that the Architectural and Transportation Barriers Compliance Board, known as the Access Board,[4] establish a draft for their Final Standards[5] for accessibility for such electronic and information technologies in December 2001. The final standards were approved in April 2001 and became enforceable on June 25, 2001.

The latest information about these standards and about support available from the Access Board in implementing them, as well as the results of surveys conducted to assess compliance, is available from the Board's newsletter Access Currents.[6] The Section 508 standards, tools, and resources are available from the Center for Information Technology Accommodation (CITA), in the U.S. General Services Administration's Office of Government-wide Policy.[7]

Summary of Section 508 technical standards[edit]

  • Software Applications and Operating Systems: includes accessibility to software, e.g. keyboard navigation & focus is supplied by a web browser.
  • Web-based Intranet and Internet Information and Applications: assures accessibility to web content, e.g., text description for any visuals such that users of with a disability or users that need assistive technology such as screen readers and refreshable Braille displays, can access the content.
  • Telecommunications Products: addresses accessibility for telecommunications products such as cell phones or voice mail systems. It includes addressing technology compatibility with hearing aids, assistive listening devices, and telecommunications devices for the deaf (TTYs).
  • Videos or Multimedia Products: includes requirements for captioning and audio description of multimedia products such as training or informational multimedia productions.
  • Self Contained, Closed Products: products where end users cannot typically add or connect their own assistive technologies, such as information kiosks, copiers, and fax machines. This standard links to the other standards and generally requires that access features be built into these systems.
  • Desktop and Portable Computers: discusses accessibility related to standardized ports, and mechanically operated controls such as keyboards and touch screens.

Frequently asked questions[edit]

  • Is this part of the Americans with Disabilities Act?
No, it is not. The Americans with Disabilities Act of 1990 is a different law. Section 508 is an amendment to the Rehabilitation Act of 1973. Section 504 of the original Rehabilitation Act laid some of the groundwork for the ADA in the areas of rehabilitation, training and employment of disabled people.
They are not the same, but they are related.[8] These WAI guidelines were considered in establishing the Access Board's Standards, as well as other resources. But the W3C's Web Content Accessibilities Guidelines are completely voluntary. On the other hand, the Access Board's Standards are enforceable as law, and Section 508 provides remedies to those aggrieved by violations of this requirement, which, after administrative remedies are exhausted, allow for both private rights of action in court and for reasonable attorneys fees. Although compensatory or punitive damages will not be available to prevailing plaintiffs, equitable remedies, such as declaratory and injunctive relief, are available.[9]
  • How do agencies of the Federal Government make their websites 508 compliant?
The portion of Section 508 which specifically relates to websites is under Sub-part B, 1194.22.[10] In order for a Federal agency website to comply with Section 508, it must adhere to the sixteen provisions listed therein. The Access Board's website has an annotated reference [11] with recommendations on how to implement these provisions, but the standards have not been updated since December 21, 2000. On April 18, 2006, the Access Board published a notice in the Federal Register announcing its intent to establish an Advisory Committee to make recommendations for revisions and updates to its Section 508 Standards for electronic and information technology. The Access Board requested applications from interested organizations for representatives to serve on the Committee.[12] The Telecommunications and Electronic and Information Technology Advisory Committee (TEITAC) met for the first time on September 27–29, 2006, at the National Science Foundation in Arlington, Virginia.[13]
  • What's the difference between accessibility and usability?
Although Section 508 addresses the accessibility of information technology by people with disabilities, it is no guarantee of practical usability by them. While usability is not mandated by federal regulations, it has become a best practice in government and industry.[14]
  • Are there certain agencies exempt from this legislation?
The law applies to all Federal agencies. There is some debate as to what legally defines an agency. Other Federal regulations and guidelines (e.g., Section 501 and Section 504 of the Rehabilitation Act) require equal access for individuals with disabilities. Therefore, Federal agencies are required, upon request, to provide information and data to individuals with disabilities through an alternative means of access that can be used by the individuals.

Also note that an agency can still be in legal compliance by meeting one of the § 1194.3 General exceptions (e.g., the NSA).[15] However, systems which are critical to the direct fulfillment of military or intelligence missions do not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications) and therefore must be Section 508 compliant.

  • Are state and local agencies covered by Section 508?
Although the law applies to all Federal agencies, state and local government is also impacted by the act. The Americans with Disabilities Act (ADA) and, if the government entities receive Federal funding, the Rehabilitation Act of 1973, generally require that State and local governments provide qualified individuals with disabilities equal access to their programs, services, or activities unless doing so would fundamentally alter the nature of their programs, services, or activities or would impose an undue burden.[16]

See also[edit]

References[edit]

  1. ^ 17 U.S.C. § 105
  2. ^ About the ICT Refresh/Background
  3. ^ Where is web accessibility headed in 2014?
  4. ^ "access-board.gov". access-board.gov. Retrieved 2013-07-28. 
  5. ^ [1][dead link]
  6. ^ [2][dead link]
  7. ^ "section508.gov". section508.gov. Retrieved 2013-07-28. 
  8. ^ "Side by Side Web Content Accessibility Guidelines vs. 508". Retrieved 2008-07-08. 
  9. ^ "Memo Regarding Remedies Available Under Section 508 of the Rehabilitation Act". American Foundation for the Blind. Retrieved 2008-07-08. 
  10. ^ "Web-based intranet and internet information and applications". Section508.gov. Retrieved 2008-07-08. 
  11. ^ "Section 508 Homepage: Electronic and Information Technology". United States Access Board. Retrieved 2008-07-08. 
  12. ^ "Notice of intent to establish advisory committee". United States Access Board. Retrieved 2008-07-08. 
  13. ^ "New 508 Standards Advisory Committee Holds Its First Meeting". United States Access Board. Retrieved 2008-07-08. 
  14. ^ "Five Factors of Usability". TecAccess. Retrieved 2008-07-08. [dead link]
  15. ^ "General Exceptions". United States Access Board. Retrieved 2008-07-08. 
  16. ^ "Accessibility of State and Local Government Websites to People with Disabilities". 

External links[edit]