Section 508 Introduction

Section 508 is a part of the Rehabilitation Act of 1973 which requires that electronic and information technology developed, procured, maintained, or used by the Federal government be accessible to people with disabilities. On August 7, 1998, the President signed into law the Workforce Investment Act of 1998, which includes the Rehabilitation Act Amendments of 1998. Section 508 was originally added to the Rehabilitation Act in 1986; the 1998 amendments significantly expand and strengthen the technology access requirements in Section 508.

Section 508 applies to Federal departments and agencies.  Because the Section 508 standards will be incorporated into the Federal Acquisition Regulation (FAR), agencies' procurement of accessible technology will be subject to the same stringent compliance and enforcement mechanisms as other parts of the FAR.

There is an administrative complaint process which becomes effective six months after the Board issued its final standards. It enables any individual with a disability to file a complaint alleging that a Federal department or agency has not complied with the accessible technology standards in a procurement made after that date. The complaint process is the same as that used for Section 504 of the Rehabilitation Act, for complaints alleging discrimination on the basis of disability in Federally-conducted programs or activities. It provides injunctive relief and attorney's fees to the prevailing party, but does not include compensatory or punitive damages. Individuals may also file a civil action against an agency.

Federal agencies which provide information to the public or to their employees through Web sites must ensure that such sites are available to all persons with internet or intranet access, including persons with disabilities.

Section 508 in no way replaces or otherwise limits the rights or remedies available under any other existing Federal law that protects the rights of people with disabilities. As part of the Rehabilitation Act, it clarifies and strengthens the Federal government's existing obligation to ensure that technology is accessible to people with disabilities.

The principles of Section 508 are also enforced within other countries.  For example, Ireland has legislated ‘The Disability Act, 2005’; ‘The Equal Status Act, 2000’; ‘The Employment Equality Act, 1998’.  New Zealand has also legislated ‘The Human Rights Act 1993’ and ‘Human Rights Amendment Act 2001’.