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Processing Complaints Under Section 508
Processing Complaints Under Section 508
Federal Register: August 6, 2003 (Volume 68, Number 151)][Notices]
[Page 46630-46631]
From the Federal Register Online via GPO
Access [wais.access.gpo.gov]
[DOCID:fr06au03-85]
Notice of Delegation of Authority--Processing Complaints Under
Section 508 of the Rehabilitation Act
SUMMARY: The amendments to section 508 of the Rehabilitation Act
of 1973, 29 U.S.C. 794d, which took effect in 2001 provide that each federal
agency must ensure that the electronic and information technology it develops,
procures, maintains, or uses is accessible to individuals with disabilities who
are federal employees or applicants, or members of the public seeking
information or services from the agency. Section 508 authorizes individuals to
file administrative complaints and civil actions against an agency, limited to
the alleged failure to procure accessible technology. The statute requires
federal agencies to process section 508 complaints according to the same
complaint procedures used to process section 504 complaints. See 29 U.S.C.
794d(f)(2).
Notice is hereby given that by Order dated July 22, 2003, the
Chair of the Equal Employment Opportunity Commission (EEOC) delegated to the
Director of the EEOC's Office of Equal Opportunity (OEO), without authority to
redelegate, authority for processing all section 508 complaints against the
EEOC. Pursuant to this delegation, the Director of the OEO shall process all
section 508 complaints by applicants, employees, or members of the public,
against the EEOC, pursuant to the compliance procedures set forth in 29 CFR
1615.170(d)-(m). These are the same procedures which the EEOC uses to process
section 504 complaints against the EEOC by members of the public. The Order
provided that the EEOC will not utilize the Federal sector equal employment
opportunity administrative complaint procedures, 29 CFR part 1614, to process
any section 508 complaints against EEOC, even if filed by an EEOC applicant or
employee. The Order explained that as distinguished from the EEOC's authority
to process section 501 claims under part 1614, the EEOC does not have authority
to interpret and enforce section 508.
[[Page 46631]]
under part 1614. The Order further provided that if a section 501
complaint filed against the EEOC in the part 1614 process includes a separate
section 508 claim, OEO will process the section 501 claim through the part 1614
process, and will separately process the section 508 claim pursuant to the
procedures set forth in 29 CFR 1615.170(d)- (m). By this Order, the EEOC did
not alter any of its existing procedures for processing complaints under
section 501 or section 504 of the Rehabilitation Act.
EFFECTIVE DATE. The delegation of authority became effective on
July 22, 2003.
FOR FURTHER INFORMATION CONTACT: Carol R. Miaskoff, Assistant
Legal Counsel, at 202-663-4689.
Dated: July 22, 2003.
Cari M. Dominguez,
Chair.
[FR
Doc. 03-19986 Filed 8-5-03; 8:45 am]
BILLING CODE 6570-01-P
 http://www.ocio.usda.gov/508/comp_process.html
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