Introduction

Section 508 Defined

Section 508 of the Rehabilitation Act of 1973 as amended is a set of standards that requires Federal agencies to make ICT accessible to employees and members of the public who have disabilities in a comparable manner to the access experienced by employees and members of the public without disabilities.

The revised Section 508 Standards apply to ICT that is “procured, developed, maintained, or used” by agencies of the Federal government. Section 508 was enacted to eliminate barriers to ICT, make opportunities available for persons with disabilities, and encourage development of technologies that will help achieve these goals.

What ICT Activities are covered?

Federal agencies are subject to Section 508 Standards during four specific ICT-related activities:

  • Development
  • Procurement
  • Maintenance
  • Use

Summary

  • Section 508 of the Rehabilitation Act of 1973 as amended was enacted to remove barriers in ICT, make opportunities available for persons with disabilities, and encourage the development of technologies that help achieve these goals.
  • Section 508 Standards apply to ICT products and services.
  • Federal agencies are subject to Section 508 Standards during four specific activities—“development, procurement, maintenance, and use” of ICT

What is Section 508 and Why Is It Important?

Individuals with disabilities are people who have

  • sensory,
  • physical, or
  • cognitive impairments
    that substantially limit their ability to perform one or more major life activities.

The degree of disability may range from mild to moderate to severe or profound. A person may also have multiple disabilities, or they may have “hidden” disabilities and show no outward sign that a disabling condition exists.

Disabilities are not always obvious. For example, one in ten males are color blind.

AT = Assistive Technology

The most commonly used types of AT include:

  • Speech recognition software
  • Screen readers
  • Screen magnifiers
  • Reading assistance software
  • Alternative input software and hardware

How Accessibility Relates to Section 508

The terms “accessibility” and “Section 508 conformance” are often used interchangeably, but they actually refer to different, related things.

  • Accessibility: When referring to products or electronic information, the term “accessibility” or “accessible” describes how successfully persons with a disability can perceive, operate, and understand information they want or need, similar to “usable” which can have a range of outcomes.
  • Section 508 conformance: Section 508 is a standard that must be followed by Federal agencies when they “develop, procure, maintain or use” ICT. Section 508 provides a set of standards that must be met to enable access by persons with disabilities. Conformance with Section 508 Standards allows persons with disabilities to have access and use of information and data. This includes information which enables people to be informed, perform work, receive government benefits, and conduct business.

Conformance with Section 508 Standards does not require or guarantee complete access with every AT product. In addition, Section 508 conformance does not necessarily mean all an individual’s accessibility needs will be met. Other laws such as Section 504 address these situations.

Summary

  • Individuals with disabilities are persons who have physical or mental impairments that limit their ability to perform one or more major life activities
  • AT is software or hardware that helps a user with a disability use ICT
  • The term “accessibility” describes how successfully a person with a disability can access ICT
  • There are numerous benefits to Section 508 conformance

Section 508 Roles and Responsibilities

Questions to identify ICT deliverables that must confirm to the Section 508 Standards:

  • Will you be obtaining commercial off the shelf products or services (COTS) that are covered under the Section 508 standards?
  • Will you be obtaining services to develop, modify, configure, install, or maintain ICT that is covered under the Section 508 Standards?
  • Will you be obtaining the ICT that will be provided through a cloud services arrangement, particularly Platform as a Service (PaaS), and Software as a Service (SaaS), where the end user will need to access the technology through user interfaces (including administrative screens)?
  • Will you be obtaining a solution that allows users to create electronic content (for example: electronic documents, dashboards, surveys). Section 508 applies to both the tool and the ability to design and produce outputs that conform to the Section 508 standards.
  • Will the deliverables result in new or modified user interfaces for employees, contractors, or members of the public? (for example – online screens or controls, electronic documents or files, hardware controls)?
  • Do any Section 508 exceptions apply to functionality that will be provided? (Chapter 2, E202)

Requirements

Make sure the requirements in the contract are specific to the product or service you are procuring. Standardized contract language that states the product must be Section 508 conformant is not enough.

DHS employees can use the DHS Accessibility Requirements Tool (DART) to obtain tailored requirements to include in DHS solicitations.

DART asks a few simple questions about what IT products and services you are buying or building. No knowledge of Section 508 or accessibility is required. After you answer the questions, DART will provide you with a list of applicable Section 508 requirements that you can include in project planning documents, in Requests for Information, and in solicitations (Statement of Work, Performance Work Statement, Statement of Objectives, etc.).

Legacy ICT

Any ICT component or portion of existing ICT that complies with the Original Section 508 standard and that has not been altered in any way on or after January 18, 2018, shall not be required to be modified to conform to the Revised Section 508 Standards.

INCOMPLETE

Summary

  • Section 508 Standards compliance greatly reduces risks to your agency and the Federal government
  • When Section 508 responsibilities are not met, the agency is held accountable
  • Employees and government contractors have specific job-related responsibilities for meeting Section 508 Standards

Differences Between Section 504 and Section 508

Conformance with Section 508 standards does not require or guarantee complete access to all AT products. Section 504 is one way to address these situations.

Section 508 is an amendment to the Rehabilitation Act that is specific to ICT. Section 508 requires that ICT comply with specific standards designed to improve accessibility.

Section 504

Section 504 is a part of the Rehabilitation Act of 1973 that prohibits job discrimination and requires employers to make reasonable accommodation for employees with disabilities. Its purpose is to make sure that qualified persons with disabilities are provided the tools, environmental modifications, or other adjustments that allow them to do their jobs.

If You Have an Issue

As an employee with a disability, it is not your job to determine Section 508 conformance. But, if you’re having trouble doing your job because of ICT that you feel is inaccessible, you can reach out to agency experts and resources for help.

A Federal employee or a member of the public with a disability can file a complaint against a Federal agency when an ICT system or product is not Section 508 conformant.

If you are exploring information related to filing a complaint, contact your agency Equal Employment Opportunity (EEO) office, Section 504 Coordinator, or Section 508 Program Manager to learn about the complaint process in place at your agency.

Section 508 Program Managers

Section 508 Program Managers (or Section 508 Coordinators) are the main points of contact for information concerning ICT accessibility issues and solutions. They are responsible for organizing and supporting the implementation of Section 508 within their assigned departments and agencies.