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Section 508 of the Federal Rehabilitation Act
On August 7, 1998, President Clinton signed into law the Rehabilitation Act Amendments of 1998, which cover access to federally funded programs and services. The law strengthens Section 508 of the Rehabilitation Act and requires access to electronic and information technology provided by the federal government. The law applies to all federal agencies when they develop, procure, maintain, or use electronic and information technology. This means that federal departments and agencies, federally funded agencies, and contractors will provide services or products that meet the Section 508 requirements.
Photograph: TecAccess tests a Canon copier for Accessibility and Section 508 Compliance. (From right to left) John McCann of Social Security Administration, Ulala Kelleher of Canon USA, Inc., and Amanda Lee of TecAccess.
Section 508 was enacted to eliminate barriers in information technology, to make available new opportunities for people with disabilities, and to encourage the development of technologies to help achieve these goals. It requires that U.S. federal government agencies must ensure that federal employees with disabilities, as well as members of the general public with disabilities, have access to and use of information and data that is comparable to the access to and use of data by individuals without disabilities.
Agencies can apply for an exception to Section 508´s requirement to procure accessible technology if such procurement would cause ´an undue burden.
Undue burden is defined as a significant difficulty or expense. However, the definition is not precise and is open to interpretation. Undue burden is a legal issue. Many feel that an agency should not consider such an exception without consulting legal counsel.
Photograph: (from right to left) Debra Chandler, Ulala Kelleher of Canon USA, Inc., and Jesse Evans of TecAccess test a Canon copier that utilizes JAWS.
To determine if the undue burden exception applies, an agency must consider and thoroughly document the difficulty and expense of compliance in relation to all agency resources available to the program or component for which the product is being acquired.
When an agency qualifies for an undue burden exception, Section 508 still requires it to provide an alternative means for individuals with disabilities to access the information. This means that even if the product is not accessible, the information or data it provides must be available in an accessible format.
While it makes economic sense for technology companies to develop and ensure that all of their products are accessible, compliance is voluntary in the private sector. However, all vendors and consultants should keep in mind that in the year 2000, the Department of Justice issued a civil rights policy ruling that use of "the Internet for communications regarding their programs, goods, or services must be prepared to offer those communications through accessible means as well."
Facts and Misconceptions About Section 508 Certification
By Rosemary Musachio, TecAccess Intermediate Accessibility Analyst
Section 508 is the amendment to the Workforce Rehabilitation Act of 1973, which was signed into law by President Clinton in 1998. It requires all federal departments, agencies, contractors, and federally funded companies to make their electronic and information technology (E&IT) accessible to people with disabilities. The law covers their development, maintenance, procurement, and use of these technologies.
Although all federal governing bodies and federally supported agencies must follow Section 508 guidelines, no official government certification program exists for products and services that are Section 508 compliant. In other words, the federal government does not certify that E&IT is independently tested for Section 508 compliancy. Accordingly, no accepted government logo exists to indicate Section 508 compliancy. Therefore, although independent testing companies, such as TecAccess, can state that products and services conform to Section 508 standards, they cannot claim that the deliverables are officially certified by the government.
Federal government agencies and departments are ultimately responsible for establishing Section 508 compliant procurements under the Federal Acquisition Regulation (FAR). FAR implements Section 508, thus ensuring the acquisitions of products and services according to the U.S. Access Board standards. In essence, the departments and agencies purchase E&IT deliverables according to what "best meets" their needs while considering Section 508 standards.
Therefore, Section 508 conformity is determined between the contracting parties (the seller and the buyer). If either side has legal concerns about this issue that goes beyond the scope of the Access Board, then they could discuss the matter with a General Services Administration (GSA) official or seek consultation from a trade association of attorneys who specialize in government contracting. Many companies handle the matter by submitting the government a report card that addresses the following points:
- Are the procured products defined as E&IT?
- Which provisions of Section 508 apply to the product?
- Which product features conform to Section 508?
Then, the federal agency determines if the product has some minimal or non-conforming features, at which point it may ask the company to try harder to meet Section 508 standards.
As organizations become more aware of Section 508 standards and their necessity to persons with disabilities as well as the universal design aspect of accessibility, most will realize Section 508 conformance is good business and a way to differentiate themselves from competitors.
