Introduction to Web Accessibility and Section 508

The intent of this document is to introduce the topic of Web Accessibility and related laws to both non-technical and technical audiences. 

If you want a quick non-technical overview, read the bold headings and the “in plain language” sections below.  Readers who have more familiarity with web development, or who want to know more about the legal aspects can dig deeper by reading the full text and using the links and resources provided.
- Paul F. Smith

Web Accessibility

What is “Web Accessibility?”
…from http://www.w3.org/WAI/intro/accessibility.php

“Web accessibility means that people with disabilities can use the Web. More specifically, Web accessibility means that people with disabilities can perceive, understand, navigate, and interact with the Web, and that they can contribute to the Web. Web accessibility also benefits others, including older people with changing abilities due to aging.

“Web accessibility encompasses all disabilities that affect access to the Web, including visual, auditory, physical, speech, cognitive, and neurological disabilities.”

How People with Disabilities Use the Web

This web page provides information on how people with auditory, cognitive, neurological, physical, speech, and visual disabilities use the web:
http://www.w3.org/WAI/intro/people-use-web/diversity

In plain language:
Just as ADA guidelines are designed to ensure that people with disabilities can access buildings and public spaces, web accessibility guidelines are meant to ensure that people with disabilities can access websites.

Section 508

What is Section 508?
…from http://www.section508.gov/index.cfm?fuseAction=Laws

“In 1998, Congress amended the Rehabilitation Act of 1973 to require Federal agencies to make their electronic and information technology (EIT) accessible to people with disabilities. Inaccessible technology interferes with an ability to obtain and use information quickly and easily. Section 508 was enacted to eliminate barriers in information technology, open new opportunities for people with disabilities, and encourage development of technologies that will help achieve these goals.”

Note that Section 508 covers not just web accessibility, but all electronic and information technology (EIT). That covers cell phones, email, videos, etc.: all electronic communication.

In plain language:
Section 508 is the Federal Government’s attempt to make the web and other forms of electronic communication accessible to people with disabilities.

Who does Section 508 Apply To?
… from http://www.justice.gov/crt/508/archive/deptofed.html

“Section 508 applies to Federal departments and agencies. It does not apply to recipients of Federal funds, and does not regulate the private sector. However, states which receive Federal funds under the Technology Related Assistance for Individuals with Disabilities Act of 1988, are required by that Act to comply with Section 508.”
[…]
“Section 508 does not apply to a private sector Web site unless such site is provided under contract to a covered entity. For example, a Federal agency might contract with a consulting firm to collect and analyze some demographic data and make that information available to the public on a Web site. In that case, the Web site or portion devoted to fulfilling the contractual obligation would be subject to Section 508. The firm's general Web site, or the portion not devoted to the contracted study, would not be subject to Section 508.”

In plain language:
Section 508 applies to electronic communication made by and for the Federal Government (including websites). As you’ll see below, all states have some sort of guidelines for website accessibility, and many have adopted the Section 508 guidelines. There are many compelling reasons for businesses, nonprofits, and schools to also adopt Section 508 guidelines.

As a school, private nonprofit or business, why should I care about Section 508?
Many nonprofits, educational institutions and even private companies have adopted Section 508 accessibility guidelines when building their own websites.

In 2003, California enacted Government Code 11135 – adopting, in its entirety, the amended U.S. Rehabilitation Act of 1973. This Act includes Section 508, Subpart B providing for accessibility of government websites. [from http://www.rehab.cahwnet.gov/webaccessibility/history.htm]

This means that all State of California schools should be adhering to Section 508 guidelines.

Even though Section 508 has not been consistently interpreted as applicable to private businesses and nonprofits, there have been some prominent cases won over lack of website accessibility. See A Cautionary Tale of Inaccessibility: Target Corporation. [http://www.w3.org/WAI/bcase/target-case-study]
Court rulings have been mixed, however. On April 22nd, 2010, Principal Deputy Assistant Attorney General for Civil Rights Samuel R. Bagenstos testified before the House Judiciary Subcommittee on the Constitution, Civil Rights and Civil Liberties, and had this to say about how Section 508 applies to "private places of public accommodation"  (see definition of private places of public accommodation here):

"As to private places of public accommodation, only two cases - both in federal district courts - have specifically addressed the application of ADA Title III to their websites, and those cases have reached different conclusions. But the position of the Department of Justice has been clear: Title III applies to the Internet sites and services of private entities that meet the definition of "public accommodations" set forth in the statute and implementing regulations. The Department first made this position public in a 1996 letter from Assistant Attorney General Deval Patrick responding to an inquiry by Senator Harkin regarding the accessibility of websites to individuals with visual impairments. The letter has been widely cited as illustration of the Department’s position. The letter does not state whether entities doing business exclusively on the Internet are covered by the ADA. In 2000, however, the Department filed an amicus brief in the Fifth Circuit in Hooks v. OKbridge, which involved a web-only business; the Department’s brief explained that a business providing services solely over the Internet is subject to the ADA’s prohibitions on discrimination on the basis of disability. And in a 2002 amicus brief in the Eleventh Circuit in Rendon v. Valleycrest Productions, the Department argued against a requirement, imposed outside of the Internet context by some federal courts of appeals, that there be a nexus between the challenged activity and a private entity’s brick-and-mortar facility to obtain coverage under Title III. Although Rendon did not involve the Internet, our brief argued that Title III applies to any activity or service offered by a public accommodation either on or off the premises."
(from http://www.justice.gov/crt/speeches/2010/crt-speech-100422.html)

In plain language:
Even if your organization's website is not compelled by law to adhere to Section 508 guidelines, you are likely to gain customers and reduce liability if you do.

Have other states implemented Government Code 11135 or similar laws?
…from http://www.calstate.edu/accessibility/section508/section_508_faqs.shtml

“Yes. Every state in the nation has adopted accessible web design laws or policies. In addition, many states have adopted accessible procurement and application development policies and/or laws. For a comprehensive matrix showing this activity as of 2005, visit the Information Technology Technical Assistance and Training Center. In 2006, the state of Florida joined the list of states codifying Section 508.”

In plain language:
All states in the U.S. have adopted accessible web design laws that apply to state websites.

Will Section 508 be Updated?
A draft of “Updated Standards and Guidelines” was Published in the Federal Register on March 22, 2010:
http://www.access-board.gov/sec508/refresh/draft-rule.htm

In plain language:
Section 508 will likely be expanded to include more detailed guidelines to provide direction to web developers and aid enforcement.

Where can I see the text of Section 508?
Here:
http://www.section508.gov/index.cfm?fuseAction=1998Amend

Section 508 Resources

Getting Started with Web Accessibility
http://www.w3.org/WAI/gettingstarted/Overview.html

Resources for Developing a Web Accessibility Business Case for Your Organization
http://www.w3.org/WAI/bcase/resources.html
Includes case studies and statistics that show benefits for businesses and nonprofits when websites are made accessible.

This CSUMB web page has a great list of resources for testing of web accessibility:
http://ati.csumb.edu/web/resources

Here’s a more complete list of web accessibility evaluation tools:
http://www.w3.org/WAI/ER/tools/complete.html

Resources for understanding and implementing Section 508
http://www.section508.gov/

The United States Access Board is a Federal agency committed to accessible design:
http://www.access-board.gov/

Webinars and Audio Conference Series Provided by the Access Board and the National Network of ADA Centers:
http://www.access-board.gov/webinars.htm

 

Web Accessibility Standards

Web Content Accessibility Guidelines (WCAG)
http://www.w3.org/WAI/intro/wcag

HTML Writers Guild Web Accessibility Standards
http://www.hwg.org/opcenter/policy/access.html

Electronic and Information Technology Accessibility Standards (Section 508)
http://www.access-board.gov/sec508/standards.htm

 

Do you have questions about web accessibility guidelines? Ask them below...