Synopsis of Section 508 Accessibility Requirements
Section 508 requires that when Federal agencies develop, procure, maintain, or use electronic and information technology (EIT), Federal employees with disabilities have access to and use of information and data comparable to that of Federal employees who have no disabilities unless an undue burden would be imposed on the agency. Section 508 also requires that individuals with disabilities who are members of the public seeking information or services from a Federal agency have access to and use of information and data comparable to that of members of the public who do not have disabilities unless an undue burden would be imposed on the agency.

Although Federal agencies have an explicit statutory obligation to make all EIT that they develop, maintain, or use comply with Section 508, the current emphasis is on newly procured EIT because it is the category that is explicitly enforceable by legal action. Procurement awards made on or after June 25, 2001, are subject to Section 508.

According to the Access Board, the Section 508 requirements do not apply retroactively to preexisting EIT. Specifically, the "Electronic and Information Technology Accessibility Standards: Economic Assessment" states that

The standards are to be applied prospectively and do not require Federal agencies to retrofit existing electronic and information technology. As agencies upgrade and change their electronic and information technology, they must comply with the standards. (See Chapter 2.1 Final Standards)

It should be noted, however, that other Federal regulations and guidelines (e.g., Section 501 and Section 504 of the Rehabilitation Act) require equal access for individuals with disabilities. Therefore, Federal agencies are required, on request, to provide information and data to individuals with disabilities through an alternative means of access that can be used by the individuals.

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Page Last Updated:
Wednesday, February 20, 2008