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"What laws are relevant to my situation?" As awareness of disability issues has grown over the last decades, so too have the laws governing the rights of people with disabilities. Since this is an ongoing process, these laws have been developed at different times and places. It can be challenging to determine which regulations apply to a particular situation. This chapter will give you an overview of some of the primary Federal laws that apply to the accessibility of information and telecommunication technologies.

The following section provides brief explanations of some of the Federal laws that apply to the accessibility of information and telecommunication technology. The associated complaint procedures are explained in later sections of this guide.

CAUTION: The intent of this guide is to provide informal guidance on how to speak out about inaccessible technology. ITTATC does not provide legal advice. Examples are given for illustration purposes only, and they are not intended to be comprehensive or complete. If you need legal assistance or advice on your specific situation, please contact an attorney or one of the organizations mentioned in the section called Where to go for legal information and help.

• 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. Three sections that apply to the accessibility of technology are highlighted below: Section 501, Section 504, and Section 508.
  
  
  
  • Section 501 of the Rehabilitation Act requires Federal agencies to provide reasonable accommodations for their employees with disabilities unless doing so would impose an undue hardship. To be eligible, an employee must be able to perform the essential functions of the job with the accommodations. Reasonable accommodations may include technologies designed to facilitate completion of these essential functions.
  
  
  
  • Section 504 of the Rehabilitation Act states that "no qualified individual with a disability in the United States shall be excluded from, denied the benefits of, or be subjected to discrimination under" any program or activity that either receives Federal financial assistance or is conducted by any executive agency or the United States Postal Service. Each Federal agency has its own set of Section 504 regulations that apply to its own programs and to the entities that receive Federal aid from them. These regulations generally include requirements for reasonable accommodation for employees with disabilities; program accessibility; effective communication with people who have hearing or vision disabilities; and accessible new construction and alterations.
  
  
  
  • 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.



• The Telecommunications Act of 1996 was the first major overhaul of American telecommunications policy in nearly 62 years. This Act added two provisions to the Communications Act of 1934 that focus specifically on access to telecommunications products by individuals with disabilities: Section 255 and Section 713.
  
  
  
  • Section 255 of the Communications Act requires telecommunications manufacturers and providers of telecommunications services to make their products and services accessible to and usable by individuals with disabilities, if readily achievable. Where it is not readily achievable to provide access, Section 255 requires manufacturers and providers to make their devices and services compatible with peripheral devices and specialized customer premises equipment that are commonly used by people with disabilities, if readily achievable. In determining what is readily achievable, companies must balance the costs and nature of the access required with their available resources. Companies that have great resources will need to do more to achieve access than will companies with smaller budgets. The FCC makes readily achievable determinations on a case-by-case basis.
    
    
  • Section 713 of the Communications Act requires video programming shown on television to be shown with captions. This law applies to programming shown by broadcast, cable, satellite and other distribution methods. FCC rules require nearly all new programming to have captions by 2006. Seventy-five percent of older programming must be captioned by 2008. Spanish language programming must be captioned a few years after these deadlines.



• The Americans with Disabilities Act (ADA) of 1990 prohibits discrimination on the basis of disability in employment, state and local government, public accommodations, commercial facilities, transportation, and communications. To be protected by these ADA provisions, you must have a disability or have a relationship or association with an individual with a disability. An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment. The ADA also requires the provision of nationwide relay services and captioning on federally assisted public service announcements. The ADA is organized into five sections, four of which include complaint processes. Those sections - Titles I, II, III, and IV - are explained in more detail in later parts of this guide.



• The Hearing Aid Compatibility Act (HAC Act) of 1988 requires all wireline and cordless telephones manufactured or imported for use in the United States to be compatible with hearing aids. This Act built upon the Telecommunications for the Disabled Act of 1982, which directed the FCC to establish uniform technical standards for hearing aid compatibility. The HAC Act also requires all wireline and cordless phones to be equipped with volume control. In addition, the FCC has ruled that certain wireless phones must be built with features that are compatible with hearing aids and cochlear implants over time, although there are no mandates for volume control in wireless phones.



• The Television Decoder Circuitry Act of 1990 requires all televisions with screens larger than 13 inches (diagonally) to be built with internal circuitry that can receive, decode, and display closed captions. In addition, digital television receivers sold separately or with screens that are 7.8 inches or larger (vertically) must also have internal circuitry to display closed captions on digital television programming.



• Televised Emergency Programming Mandates require all video program providers to make their television programs on emergencies visually accessible to people with hearing disabilities and aurally accessible to people with visual disabilities. These requirements apply to regularly scheduled news programs as well as emergency news bulletins that interrupt regularly scheduled programming.



• 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.

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 your local Protection and Advocacy organization (www.napas.org) to learn more about what your state requires of technology.


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