Legal Requirements Related to Accessible Technology

As awareness of disability issues has grown over the last few decades, so too have the laws governing the rights of people with disabilities. This section gives you an overview of some of the primary Federal laws that apply to the accessibility of information and telecommunication technologies, including:

• Section 508 of the Rehabilitation Act
• Section 255 of the Communication Act
• The Hearing Aid Compatibility Act (HAC Act)
• The Help America Vote Act (HAVA)

Note: Many states have passed laws pertaining to the accessibility of technology. You can find an overview of the states’ accessibility-related laws, policies and standards at http://www.ittatc.org/laws/stateLawAtGlance.php, or you can contact the local Protection and Advocacy organization (www.napas.org) in a specific state to learn more about what that state requires of technology.

CAUTION: The following section is for informational purposes only. ITTATC does not provide legal advice. If you need legal assistance or advice on your specific situation, please contact an attorney.

Section 508 of the Rehabilitation Act

The Rehabilitation Act of 1973 (with amendments in 1998) prohibits discrimination based on disability in Federal employment and federally funded programs and services, by Federal contractors, and in the availability and use of Federal agencies’ electronic and information technology.

In particular, Section 508 of the Rehabilitation Act requires that when Federal departments and agencies procure, develop, maintain or use electronic and information technology (EIT), they must ensure that they comply with the accessibility standards developed by the Architectural and Transportation Barriers Compliance Board (Access Board), unless doing so would pose an undue burden on those Federal departments or agencies. The purpose of the law is to ensure that Federal employees and members of the public with disabilities have access to the same information and technologies as employees and members of the public without disabilities.

Products and services that are covered by Section 508:

• Computer hardware and software
• Telecommunications products, such as telephones and pagers
• Information kiosks and transaction machines, such as ticket transaction machines
• World Wide Web sites, including both intranet and internet information and applications
• Multimedia, such as instructional videos and Flash animations
• Office equipment, such as copiers and fax machines

Some important "fine print":

• Section 508 applies to Federal departments and agencies including the U.S. Postal Service. In addition, contractors providing services or products to Federal agencies must make sure that the products and services that they provide to the Federal government are compliant with Section 508.



• Section 508 requirements cover all electronic and information technology (EIT) that is procured, developed, used and maintained by the Federal government. Only those products that were purchased after June 21, 2001, however, are "enforceable" via the complaint procedure.



• There are certain situations in which Section 508 does not apply. Agencies are not required to acquire EIT that meets the technical provisions of the accessibility standards if the acquisition: (a) is a micro-purchase made prior to April 1, 2005; (b) is for a national security system; (c) is acquired by a contractor incidental to a contract; (d) is located in spaces frequented only by service personnel for maintenance, repair, or occasional monitoring of equipment; or (e) would impose an undue burden on the agency.



• If a Federal agency determines that it would pose an undue burden to comply with the Section 508 standards, it must still provide information and data to individuals with disabilities through an alternative means of access that can be used by the individuals. Alternative means may include, but are not limited to: voice, fax, relay service, TTY, qualified sign language interpreters, Internet posting, captioning, text-to-speech synthesis, readers, personal assistants, or audio descriptions.



• The Federal agency that purchases the EIT is responsible for ensuring that the technology conforms to the 508 standards. The standards and Federal Acquisition Regulations can be found at http://www.section508.gov/index.cfm?FuseAction=Content&ID=3>.



• Individuals with disabilities may file a complaint with an agency or bring a civil action in Federal Court for an agency's noncompliance with the requirements of Section 508.

If you are interested in learning more about Section 508 of the Rehabilitation Act, check out these resources:

• General Services Administration's Section 508 information site
• The Access Board's technical assistance page
• Department of Justice Section 508 home page
• ITTATC's Section 508 information page
• The text of the Rehabilitation Act

Section 255 of the Communication Act

• The Federal Communications Commission (FCC) is responsible for implementation of Section 255.



• The Architectural and Transportation Barriers Compliance Board (Access Board) issued final guidelines for accessibility, usability, and compatibility of telecommunications equipment and customer premises equipment covered by Section 255 of the Communications Act. The accessibility guidelines can be found at http://www.access-board.gov/telecomm/html/telfinal.htm.



• Section 255 does not permit consumers to sue companies in the courts; to complain, consumers must file an informal or formal complaint with the FCC.

If you are interested in learning more about Section 255 of the Communications Act, check out these resources:

• The FCC's Section 255 information page
• The FCC's discussion on Disability Access Provisions in the Telecommunications Act
• The FCC's information page on the Telecommunications Act of 1996
• The Access Board’s Technical Bulletin on Access to Telecommunications
• American Foundation for the Blind's information center on Section 255
• ITTATC's Section 255 information page
• The Access Board's Market Monitoring Report of accessible telecommunications
• Gallaudet University's Technology Access Program
• The Trace Center's information on Designing More Usable Telecommunications

The Hearing Aid Compatibility Act

• The FCC's Hearing Aid Compatibility Compliance for Telephone Equipment
• The FCC's Consumer Alert on promoting accessibility of digital wireless phones
• The Access Board's Market Monitoring Report (Section 255 guideline on hearing aid coupling)
• Gallaudet University's Technology Access Program
• The Trace Center's information on Designing More Usable Telecommunications

The Help America Vote Act

The Help America Vote Act (HAVA) is a comprehensive act involving the administration of Federal elections, voting machines, polling places, voter registration, and other areas. Included within HAVA are provisions related to the accessibility of polling places and voting machines. These provisions are intended to promote full participation in the electoral process for persons with disabilities. HAVA builds on the Americans with Disabilities Act (ADA) and the Voting Accessibility for the Elderly and Handicapped Act (VAEHA) to enable persons with disabilities to more readily participate in the electoral process, and to vote independently and privately. HAVA was signed into law on October 29, 2002, and its provisions will take effect over time, with the final milestone occurring on January 1, 2006. Each state is responsible for developing complaint procedures related to HAVA violations, and most of them are still in development. ITTATC will continue to monitor the states’ progress and provide updates as complaint processes are defined. Check www.ittatc.org regularly for more information on implementation of HAVA and its impact on accessible voting.

If you are interested in learning more about HAVA, check out these resources:

• Federal Election Commission’s information page of the Help America Vote Act of 2002
• electionline.org, which is a non-partisan, non-advocacy website providing up-to-the-minute news and analysis on election reform
• National Conference of State Legislatures’ information page on HAVA-Help America Vote Act

Learning More

If you want to learn more about the laws pertaining to disability rights, check out these resources:

• Speak Out About Inaccessible Information and Telecommunication Technology, which was developed by ITTATC, provides an overview of the above Federal laws (and others) that can be used by people with disabilities to complain about inaccessible technology.
• A Guide to Disability Rights Laws, developed by the Department of Justice, provides an overview of Federal civil rights laws that ensure equal opportunity for people with disabilities.
• A Brief History of Disability Rights Legislation in the United States, which is an older guide but it does give an historical perspective on disability rights laws. It covers up to the Americans with Disabilities Act, which was released prior to Section 255 and Section 508. This guide is provided by the Universal Design Education website.