Accessibility
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 comparable
access to and use of information and data as 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 comparable access to and use of information and data as the public
without 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 compliant 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 pre-existing
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, upon request,
to provide information and data to individuals with disabilities through
an alternative means of access that can be used by the individuals.
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