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a globe connected by computer The Scenario:
An Inaccessible Federal Website


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A description of the scenario:
  • A retiree with vision loss and hand tremors
  • Wants to access information that is posted to a Federal agency's website
  • The website was developed by a consultant who was hired to start work August 16, 2001 (Hint: The Federal agency "purchased" a consultant to develop the website after Section 508's effective date of June 21, 2001.)

Which complaint procedures apply to this scenario?1

Does the problem involve...
  • Telecommunications? No.
  • Job-related Technology? No.
  • Technology used in a government-funded program or activity? Yes!
  • Technology provided by or used to access private businesses? No.
  • Televised information? No.
1 The decision logic used in this scenario is based on the approach described in the section called Which Complaint Procedure Applies to You.

Our choices related to government-funded programs or activities include:
  • ADA Title II (state or local government)? Not applicable.
  • ADA Title II (public transit)? Not applicable.
  • Section 504? Yes, if the website is produced by a Federal executive agency.
  • Section 508? Yes!

The general principle when more than one law seems to apply:

When you have a general law (e.g., Section 504) and a more specific law (e.g., Section 508) covering the same issue, it is generally better to use the complaint procedure for the more specific (and often stronger) statute.



Sample Letter of Complaint for
An Inaccessible Federal Website


Your Street Address
Your City, State, Zip Code
January 28, 2004

Some Federal Agency
Public Communication Division
123 G Street, NW
Washington, D.C. 20520

To whom it may concern:

Re: Travel advisories posted to www.fedsite.gov

On several occasions over the past year, I have tried to access the travel advisory information that is posted on the www.fedsite.gov website. Unfortunately, as a retiree who is starting to feel the effects of aging (i.e., some vision loss and hand tremors), I have found that your website is not very accessible to me. I am interested in working with you to make it more accessible to senior citizens such as myself so all people can enjoy the convenience of web-based travel advisories.

Letter writing tips:

In this introductory section, introduce yourself as a member of the public and state the accessibility problem and your willingness to work with the Federal agency.


There are a couple of buttons on the web page that are identified only through the use of color, i.e., "Click the green button to search," but given my low level of vision, I am not able to easily discern where the applicable buttons are located. In addition, because of my vision loss, I can only read information on web pages that is in a large font with good contrast. The fonts and color choices that are used on your web page make it very difficult for me to read the posted information. A friend helped me setup my own style sheet that specifies how I prefer to view web pages, i.e., in an extra large font with white characters on a black background, but your website is setup to override my style sheet.

Letter writing tips:

In this section of the letter, describe how your functional limitation affects your ability to use the system, and describe what happens and what does not happen. Back to the letter...


Because I cannot use the travel advisory website, I must call your office to learn about the warnings and other updates that apply to my travel destination. This phone call is long-distance for me, and many times I have been placed on hold for 10 - 15 minutes before I reach a representative. If I could use the web-based travel advisory page, I could learn this important information in a few minutes and save myself time and long-distance phone charges.

Letter writing tips:

Describe the personal hardship that results from your inability to use the technology.


To resolve the problem, I would appreciate some modifications to the www.fedsite.gov website. The buttons that are identified only by color should also include text that describes their purpose. For instance, the green button that is used to start the search function could be labeled with the word "Start" or "Go" so I have another way to locate the appropriate button. In addition, your web developers should make whatever changes are necessary so their web page specifications do not interfere with my style sheet settings.

Letter writing tips:

Suggest some solutions to the accessibility problem.


Section 508 of the Rehabilitation Act requires Federal agencies to procure, develop, maintain, and use electronic and information technology that adheres to certain accessibility standards. The purpose of the law is to ensure that members of the public with disabilities have access to the same information and technologies as members of the public without disabilities. It is my understanding that your agency hired a consultant to develop the travel advisory web page in August of 2001, which means that the law is enforceable via the complaint procedure.

In addition, Section 504 of the same act states that people with disabilities may not be denied the benefits of a program or activity that is conducted by any Federal executive agency. This law also requires that your website be accessible to me and other people with disabilities.

Letter writing tips:

List the laws that may be violated, if you know them.


Please contact me at the above address or by phone at 555-555-6789 (home) to discuss this issue. I would appreciate a reply by March 1, 2004. I look forward to working with you on a resolution to my accessibility problem.

Sincerely,

Webster Jones

Letter writing tips:

Tell them the best way to contact you, and propose a deadline for their response. And now, finishing off the letter...


cc: Jane Smith
     Information Technology Division Chief
     Some Federal Agency
     123 G Street, NW
     Washington, D.C. 20520

     John Johnson
     Procurement Executive
     Some Federal Agency
     123 G Street, NW
     Washington, D.C. 20520
Letter writing tips:

At the end of the letter, copy the appropriate senior management. Managers of the technology and procurement departments are particularly relevant.



Final tip for this scenario:

If you cannot resolve this problem by working with the Federal agency...

  • You can bring a Section 508 complaint with the applicable federal agency
  • You can bring a civil action in Federal Court for an agency's noncompliance.



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Information Technology Technical Assistance and Training Center
Center for Assistive Technology and Environmental Access
Georgia Institute of Technology
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