Synopsis of Section 508 Accessibility Requirements
Section
508 requires that when Federal agencies develop, procure,
maintain, or use electronic and information technology
(EIT), Federal employees with disabilities have access
to and use of information and data comparable to that
of Federal employees who have no disabilities unless an
undue burden would be imposed on the agency. Section 508
also requires that individuals with disabilities who are
members of the public seeking information or services
from a Federal agency have access to and use of information
and data comparable to that of members of the public who
do not have disabilities unless an undue burden would
be imposed on the agency.
Although Federal agencies have an explicit statutory obligation
to make all EIT that they develop, maintain, or use comply
with Section 508, the current emphasis is on newly procured
EIT because it is the category that is explicitly enforceable
by legal action. Procurement awards made on or after June
25, 2001, are subject to Section 508.
According to the Access
Board, the Section 508 requirements do not apply retroactively
to preexisting EIT. Specifically, the "Electronic
and Information Technology Accessibility Standards: Economic
Assessment" states that
The standards
are to be applied prospectively and do not require Federal
agencies to retrofit existing electronic and information
technology. As agencies upgrade and change their electronic
and information technology, they must comply with the
standards. (See Chapter 2.1 Final Standards)
It should be noted, however, that 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, on request, to provide information
and data to individuals with disabilities through an alternative
means of access that can be used by the individuals.