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Scope of Section
508
Section 508 applies to Federal departments and agencies; it does not apply
to recipients of Federal funds, and does not regulate the private sector. The
technical provisions cover technology procured by Federal agencies directly
and under contract with private entities, but apply only to those products
directly relevant to the contract and its deliverables. While Section 508 does
not apply directly to the private sector, EIT vendors selling to Federal agencies
should document that their hardware and software meet all applicable Section
508 technical provisions, either directly or through equivalent facilitation.
Section 508 was originally added to the Rehabilitation Act in 1986, establishing
general guidelines for technology accessibility. In 1998, Section 508 was amended
to require that EIT developed, procured, maintained, or used by Federal agencies,
including the U.S. Postal Service be accessible to people with disabilities.
This amendment significantly expands and strengthens the technology access
requirements in Section 508 by creating binding, enforceable standards and
incorporating those standards into Federal procurement regulations. Federal
agencies must now use these standards in EIT acquisitions, as well as in-house
development of websites and software.
Consistent government-wide standards will make it easier for Federal agencies
to meet existing obligations and make technology systems accessible to people
with disabilities, and promote competition in the technology industry by clarifying
the Federal market's requirement for accessibility in products intended for
general use. The amended Section 508 also establishes a complaint procedure
and reporting requirements, which further strengthen the law.
The requirements of Section 508 apply to an agency's procurement of EIT, as
well as to the agency's development, maintenance, or use of EIT. Individuals
with disabilities may only enforce section 508 with respect to procurements.
However, they may also enforce rights under sections 501 and 504 of the Rehabilitation
Act, which impose related obligations on agencies and, in the case of 504,
on recipients of Federal Funds.
Violations of Section 508 have significant ramifications, including:
- Administrative complaints
- Civil actions including remedial damages
- Significant adverse public reaction to FDA not meeting
the needs of people with disabilities
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