What Is Section 508 and Why Does It Matter for Equal Access

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Section 508 is a US law that requires electronic and information technology used by the federal government to be accessible to people with disabilities. This means that websites, software, and other digital products used by the government must be designed to work with assistive technologies like screen readers.

The law was enacted in 1998 to improve access to information and opportunities for people with disabilities. It's essential for equal access because it ensures that people with disabilities can participate fully in society.

The law applies to all federal agencies, which means that they must follow strict guidelines for making their digital products accessible. This includes providing alternative text for images and ensuring that forms can be completed using a keyboard.

What is Section 508?

Section 508 is a set of guidelines that requires electronic and information technology to be accessible to people with disabilities.

These guidelines were established in 1998 as part of the Rehabilitation Act, which is a federal law that prohibits discrimination against people with disabilities.

A unique perspective: Deadline Very Important People

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Section 508 applies to all federal agencies and contractors, but its impact is felt far beyond government circles.

The law requires that electronic and information technology be accessible to people with a wide range of disabilities, including visual, auditory, motor, and cognitive disabilities.

This means that websites, software, and other digital products must be designed to be usable by people with disabilities.

The law also requires that federal agencies provide accessible training and documentation for employees and the public.

In addition to federal agencies, many private companies and organizations are also adopting Section 508 guidelines to improve accessibility and inclusion.

By making technology accessible, Section 508 helps to ensure that people with disabilities have equal access to information and opportunities.

Curious to learn more? Check out: Why Is Section 230 Important

Why is Section 508 Important?

Section 508 is crucial for people with disabilities, as it ensures they can navigate, comprehend, and access online information.

If your business ignores compliance standards, you're missing out on serving a large and important group of users. Just as you would accommodate people with disabilities in a brick and mortar store, so too should website owners see their spaces online.

People living with disabilities could potentially miss out on important information and services, including announcements and updates from agencies like the SSA and IRS, without Section 508.

Why Does It Matter?

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Section 508 matters because it applies to any company that does business with federal agencies and departments. This includes a range of businesses, such as healthcare providers and private contractors.

Ignoring compliance standards means missing out on serving the needs of people with disabilities. Without Section 508, it would be easier for businesses and government agencies to disregard accessibility altogether.

People living with disabilities could potentially miss out on important information and services, including announcements and updates from agencies like the SSA and IRS. This is because Section 508 is what keeps agencies accountable, ensuring all Americans are included in important updates and notices.

Creating an Inclusive Culture

Section 508 is crucial for people with disabilities, as it ensures they can navigate, comprehend, and access critical online information.

Ignoring compliance standards can lead to missing out on serving a large and important group of users, including people with disabilities.

Creating a culture of disability inclusion is key to ensuring accountability and responsibility among leaders and employees.

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Agencies should integrate the values of inclusion and equity into talent development, hiring procedures, and workforce planning efforts.

Diversity leads to innovation and growth, with one study showing 19% more revenue produced by diverse teams.

ICT accessibility helps people with disabilities engage fully in their jobs, connecting them with tools that enable collaboration and productivity.

Disability inclusion and ICT standards help set up people with disabilities for success in their roles, while the opposite can lead to them not having access to the important resources necessary to do their jobs effectively.

By prioritizing ICT accessibility, agencies can create diverse and innovative cultures where people with disabilities benefit from equitable access to professional advancement opportunities.

Broaden your view: Why Inclusion Is Important

Categories

Accessibility Compliance Matters is a crucial aspect of ensuring equal access to information for everyone. This includes individuals with disabilities, who rely on assistive technologies to navigate digital content.

The Federal Government has a significant role to play in promoting accessibility compliance. Section 508 of the Rehabilitation Act of 1973 is a federal law that requires all government agencies to make their electronic and information technology (EIT) accessible to people with disabilities.

Additional reading: Why Is Accessibility Important

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Here are some key categories related to Section 508:

  • Accessibility Compliance Matters
  • Federal Government & Section 508

These categories highlight the importance of accessibility compliance in the federal government. By understanding these categories, we can better appreciate the significance of Section 508 and its impact on promoting equal access to information.

How Does Section 508 Apply?

Section 508 applies to any organization that receives federal funding, including state, local government, and non-profit organizations. This means that if your organization receives federal funding, you're likely required to meet the Section 508 guidelines.

Commercial organizations are also covered under the law. However, it's worth noting that most organizations won't be held accountable for Section 508 compliance unless they're in a well-established federally-funded program, such as in the Healthcare industry with Medicare programs.

If this caught your attention, see: Why Organization Is Important

How Does It Apply?

Section 508 applies to organizations that receive federal funding, including state and local governments, non-profit organizations, and commercial organizations. This means that if your organization receives federal funding, you're likely required to meet the Section 508 guidelines.

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Government entities, including museums and universities, are covered by Section 508, as well as medical centers that accept Medicaid or Medicare, and programs run by organizations that are partially federally funded. Service providers to these organizations must also comply.

Any organization that plans to work with federally funded organizations may want to comply with Section 508 and produce a VPAT. This includes those who provide services or products to government entities or organizations that receive federal funding.

The ADA, on the other hand, affects the entire private sector, requiring businesses considered places of public accommodations to comply. This includes restaurants, hotels, theaters, doctor's offices, and many other types of businesses that are open to the public.

Implement Accessibility During Development

Implementing accessibility measures during the development stage is crucial for Section 508 compliance. This approach ensures that your website is accessible to people with disabilities from the very beginning.

Section 508 applies to any company that does business with federal agencies and departments, as well as any company that does business with a federal agency. By implementing accessibility measures during development, you can avoid costly and time-consuming retrofits later on.

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accessFlow is an AI-powered tool that allows businesses to build their websites in an accessible and inclusive way. It produces copy-and-paste code for developers to implement, ensuring that accessibility is integrated into the development process.

The effort involved in creating and refreshing Section 508 over the last 20 years has resulted in improved methods for practicing accessibility within the federal government. This precedent has also been set for commercial industry to follow suit.

By implementing accessibility measures during development, you can promote equal access to all that technology has to offer. This is especially important for people with disabilities who rely on accessible technology to navigate and comprehend online information.

Section 508 is what keeps agencies accountable, ensuring all Americans are included in important updates and notices. By prioritizing accessibility during development, you can help bridge the gap for people with disabilities and make your website more inclusive.

Compliance and Litigation

The Department of Justice has been actively pursuing companies and organizations of all industries to ensure ADA compliance, including electronic places of public accommodation like websites and e-commerce applications.

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If your business's physical place of business is not accessible, you are required under the law to make the necessary changes to ensure accessibility. The ADA considers websites, kiosks, and smartphone apps as equivalent to physical stores or restaurants and must be accessible.

Failing to comply with Section 508 of the Rehabilitation Act is an act of discrimination against members of the various disability communities, and you can expect to face legal recourse, including potential lawsuits.

Here are some notable Section 508 lawsuits that have revealed the applicability of the law:

  • NFB vs. Department of Education: In 2009, the National Federation of the Blind (NFB) filed an administrative complaint with the United States Department of Education, claiming that one of the Department's websites, the U.S.A. Learns, violates Section 508.
  • NAD vs. Harvard and MIT: In 2015, the National Association of the Deaf (NAD) filed lawsuits against Harvard University and MIT, accusing both institutions of violating Section 508 by failing to provide accurate and comprehensive captioning for online course materials.
  • Leiterman vs. DHS: In May of 2013, a blind attorney working for the Department of Homeland Security (DHS) sued the department for failing to equip him with accessibility tools so that he could perform his job.

Ada Compliance and Litigation

The American Disabilities Act (ADA) is a broad law that covers all organizations, not just the federal government, and requires businesses to make physical places of public accommodation accessible.

If your business isn't accessible, you're required to make changes to ensure accessibility. The Department of Justice has been actively pursuing companies and organizations across various industries to enforce ADA compliance.

On a similar theme: Why Is the Ada Important

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Websites, e-commerce applications, kiosks, and smartphone apps are now considered equivalent to physical stores or restaurants and must be accessible. The ADA website lists current and pending actions to enforce ADA compliance.

Failing to comply with Section 508 of the Rehabilitation Act is an act of discrimination against people with disabilities, and you can expect to face legal recourse, including potential lawsuits.

Here are some notable Section 508 lawsuits:

  • NFB vs. Department of Education (2009): The National Federation of the Blind settled with the Department of Education after claiming that the U.S.A. Learns website was inaccessible to people who are blind.
  • NAD vs. Harvard and MIT (2015): The National Association of the Deaf settled with Harvard University and MIT after accusing them of violating Section 508 by failing to provide accurate and comprehensive captioning for online course materials.
  • Leiterman vs. DHS (2013): A blind attorney working for the Department of Homeland Security sued the department for failing to equip him with accessibility tools, and the department was forced to reach a settlement.

VPATs and Compliance

To achieve Section 508 compliance, you'll need to fill out a Voluntary Product Accessibility Template (VPAT) detailing the changes made to your website and other ICT products to reach WCAG 2.0 Level AA conformance.

Filling out a VPAT can be a lengthy process that requires an intimate understanding and knowledge of WCAG, so many organizations turn to expert service providers for help.

A VPAT becomes an Accessibility Conformance Report once it's filled out, which can be featured on your website or presented by request.

This report is a crucial part of demonstrating your commitment to accessibility and compliance with Section 508.

Jennie Bechtelar

Senior Writer

Jennie Bechtelar is a seasoned writer with a passion for crafting informative and engaging content. With a keen eye for detail and a knack for distilling complex concepts into accessible language, Jennie has established herself as a go-to expert in the fields of important and industry-specific topics. Her writing portfolio showcases a depth of knowledge and expertise in standards and best practices, with a focus on helping readers navigate the intricacies of their chosen fields.

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