Legislative Alerts and Legal Issues

Section 508 of the Rehabilitation Act

This is the most recent law relating to accessibility and is often referred to as "Section 508." In 1998, the president signed into law the Workforce Investment Act, which amended Section 508 of the Rehabilitation Act of 1986 and significantly expanded and strengthened the technology access requirements of the 1986 act. In effect, the new law requires that federal procurement of electronic and information technology after August 2000 must be accessible to federal employees who have disabilities and to members of the public with disabilities who need to use that technology. States that receive federal funds under the Assistive Technology Act of 1998 are also required to comply with Section 508. The federal government is the largest purchaser of computer software. Section 508 also applies to Web sites that are produced for government agencies. For additional information about Section 508 of the Rehabilitation Act.

Americans with Disabilities Act (ADA) of 1990

The Americans with Disabilities Act (ADA) of 1990 prohibits discrimination on the basis of disability in employment, programs, and services provided by state and local governments, as well as goods and services provided by private companies. It applies to all businesses as well as to goods and services provided by governments. The ADA requires that all public facilities be accessible. In addition, all business of 15 or more employees are required to make their facilities and information technologies accessible to employees who have disabilities. For additional information about the Americans with Disabilities Act (ADA) of 1990.

Section 255 of the Telecommunications Act of 1996

Section 255 of the Telecommunications Act of 1996 requires that manufacturers of telecommunications equipment and software ensure that such equipment be directly accessible to people with disabilities if that access is "readily achievable." If direct accessibility is not readily achievable, the manufacturer must make the equipment compatible with peripheral devices used by people with disabilities, if "readily achievable." Section 255 requires the U.S. Access Board to issue guidelines that set forth criteria for accessibility and compatibility. These are available at: http://www.access-board.gov/rules/telfinal.htm. For additional information about Section 255 of the Telecommunications Act of 1996.

Amendment at 29 U.S.C. 794 (1994). Rehabilitation Act of 1973 mandates reasonable accommodation and least restrictive environments in federally funded employment and higher education; this may require assistive technology and services to people with disabilities.

Section 508 as added to the rehabilitation act in 1986. Link to section 508 text. Section 508 applies to federal departments and agencies and does not apply to recipients of federal funds. However, states receiving federal funds under the Tech Act are required to comply with section 508.

The Telecommunications Act specifically addresses access needs in sections 503 and 713. Section 255 requires all telecommunications providers and manufacturers to ensure accessibility when readily achievable. Ensuring video accessibility is covered in section 503. Link to Access board guidelines.

Applying the A.D.A. to the Internet text link.

Section 508 Checklist and Resource Guide links.

The Electronic and Information Technology Advisory Committee advises the Access board as standards are developed at http://www.access-board.gov.

TECH ACT and Tech Act Reauthorization

voice & v/tt - 208-IDA-TECH (1-800-432-8324)