Accessibility Law and Complying with Section 508 of the U.S. Rehabilitation Act

Section 508 of the U.S. Rehabilitation Act

Section 508 compliance refers to meeting federal accessibility requirements that ensure digital content, websites, software, and electronic documents are accessible to people with disabilities. Americaneagle.com is at the forefront of creating digital experiences that inclusively serve in compliance with Section 508 of the U.S. Rehabilitation Act. We partner with many prominent entities in the advancement and promotion of accessibility. In consistent alignment with the requirements of Section 508, our professional teams provide accessibility assessment, training, remediation, and consultation enabling sustainably successful operational strategies.

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What is Section 508 of the U.S. Rehabilitation Act?

Section 508 of the U.S. Rehabilitation Act is a law in the United States for federal agencies ensuring employees and members of the public with disabilities have access to information comparable to the access available to others. Section 508 requires all federal agencies to make their electronic and information technology (EIT) accessible.

The U.S. Access Board is responsible for developing Information and Communication Technology (ICT) accessibility standards. Within Section 508, ICT is explicitly required to determine how:

  • Users with disabilities successfully interact and perform functions within ICT.
  • ICT will be consistently maintained (developed, installed, configured) to be inclusive.
Illustrated online inclusivity, representing business success with website accessibility audit services

Section 508 of the U.S. Rehabilitation Act, Federal Agencies, and Businesses

Section 508 was established to clarify inclusive digital expectations for agencies such as federal, state, and local government services, as well as recipients of federal funds, such as universities, health care services, associations, national parks, and museums. Many businesses still fail to recognize that conformance to Section 508 is also expected from contractors and vendors that provide services to government entities.

Section 508 Accessibility Requirements and Standards

Section 508 is regularly updated to reflect changes in technology. Current expectations align with the Web Content Accessibility Guidelines (WCAG) 2.0 Level A and AA, developed and published by the World Wide Web Consortium (W3C). They also recommend aiming for WCAG 2.1 or the latest WCAG, when possible.

The accessibility requirements within Level A of WCAG 2.0 are described as basic web accessibility.

An example of the Level A practice is the inclusion of text alternatives (alt text) for all non-text content like images and audio. There are other Level A requirements that enable keyboard accessibility for those who do not use a mouse, as well as designing with sufficient contrast between text and background. The basic web accessibility enabled by Level A of WCAG 2.0 makes most ICT inclusive, adaptable, and usable.

The accessibility requirements within Level AA of WCAG 2.0 are described as enhanced web accessibility.

Building off of the requirement in Level A, the AA expectations improve accessibility for a wider range of disabilities. Techniques to provide multiple ways to navigate websites, accessible forms with labeled form elements, resizable text up to 200% without loss of content or functionality, live audio captions, and audio descriptions on all pre-recorded files are a sampling of the specific requirements detailed in Level AA of WCAG 2.0.

Risks of Section 508 Non-Compliance

The legal risks for federal agencies and contractors failing to comply with Section 508 are real. Non-compliance may result in legal actions, eliminate businesses from purchasing or contract considerations, and terminate existing contracts. Recent financial implications of violating Section 508 have included fines as well as plaintiff awards and settlements from lawsuits. Non-compliance with Section 508 can be identified in three specific ways:

A person with a disability may sue an entity for Section 508 violation

Private entities may sue an entity that has violated Section 508

A federal agency may enforce compliance

The erosion of reputation and public trust may be the most significant risk of Section 508 non-compliance. Federal agencies and contractors have realized severe disruption of services and overall operations when Section 508 has been violated.

Section 508 Compliance with Americaneagle.com

Americaneagle.com has partnered with many agencies and organizations committed to exceeding the expectations of Section 508 of the U.S. Rehabilitation Act. The Department of Homeland Security Office of Accessible Systems & Technology (OAST) certifies Section 508 Trusted Testers for their conformance test process, now on version 5. Americaneagle.com employs version 5 certified Section 508 Trusted Testers that oversee code-inspection based determinations of web content performance to Section 508 standards. For the agencies and businesses we have helped with Section 508, there are three primary services offered by the accessibility practice at Americaneagle.com:

Audit/Assessment

  • WCAG 2.2 AA testing and evaluation
  • Issue severity scoring and prioritization
  • Detailed audit report with remediation roadmap

Remediation

  • Developer-ready remediation guidance
  • Design and code accessibility updates
  • Post-remediation validation testing

Ongoing Support

  • Consulting
  • Training
  • Monitoring & Maintaining

Benefits of achieving compliance, including enhanced user experience, broader audience reach, and legal confidence.

Accessibility Insights

Accessibility Law & Section 508 Compliance FAQs

  • Section 508 compliance refers to a mandate under the Rehabilitation Act that necessitates federal agencies to procure, develop, and use information and communication technology (ICT) that is accessible to people with disabilities. This broad spectrum of ICT includes, but is not limited to, software, websites, electronic documents such as PDFs, multimedia content, telecommunication devices, and customer service call centers. For ICT to be considered compliant, it must adhere to the success criteria outlined in the Web Content Accessibility Guidelines (WCAG) 2.0 AA, ensuring that federal agencies and their contractors provide accessible ICT solutions.

  • While Section 508 is a federal law, its principles may influence state-level agencies and employees. It's advisable to review the Section 508 website for comprehensive insights on its applicability to state entities and to determine if your state has enacted its own ICT accessibility regulations.

  • Yes, private sector companies that engage in contracts with federal agencies are obligated to ensure their ICT products and services are accessible, adhering to Section 508 compliance. This requirement ensures that all ICT delivered to federal agencies meets the necessary accessibility standards.

  • Section 508 compliance testing involves a thorough review of ICT products and services to verify they meet the required accessibility standards. This encompasses all website pages, software applications, internal sites and tools, and electronic documents. Essentially, testing aims to ensure ICT adheres to the WCAG 2.0 AA criteria, aligning with Section 508's definition of web accessibility.

  • The key difference between the ADA (Americans with Disabilities Act) and Section 508 of the Rehabilitation Act lies in their scope and application. Section 508 compliance specifically mandates federal agencies and their contractors ensure ICT accessibility for people with disabilities. In contrast, the ADA is a broader anti-discrimination accessibility law that focuses on eliminating discrimination against individuals with disabilities in all public spaces, including digital platforms. Although ADA doesn't explicitly address digital accessibility, legal precedents have extended its application to online content, complementing Section 508's guidelines to promote comprehensive digital accessibility.

  • Yes, even organizations not directly bound by Section 508 can significantly benefit from adhering to its standards. Implementing Section 508 guidelines enhances the accessibility and usability of their ICT for a wider audience, including those with disabilities, thereby expanding their reach and inclusivity.

  • Section 508 standards are periodically reviewed and updated to reflect technological advancements and evolving accessibility needs. It's crucial for organizations to stay informed about these updates to ensure ongoing compliance and optimal accessibility of their ICT.

  • Americaneagle.com offers specialized services to help organizations navigate the complexities of Section 508 compliance. With a team of experienced professionals, Americaneagle.com provides comprehensive assessments, accessibility audits, and tailored solutions to ensure your digital content, websites, and applications meet Section 508 standards. Leveraging their expertise, organizations can enhance their ICT's accessibility, improve user experience for individuals with disabilities, and ensure compliance with federal regulations, thereby fostering an inclusive digital environment.

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