Section 508 of the Rehabilitation Act of 1973, as amended

Plain English Summary

Section 508 is the federal law that requires U.S. government agencies to make their technology accessible to people with disabilities. Originally enacted as part of the Rehabilitation Act of 1973, Section 508 was significantly strengthened in 1998 when Congress added teeth by requiring that federal agencies develop, procure, maintain, and use electronic and information technology that is accessible.

In practical terms, this means that every website, software application, document, video, and piece of technology that a federal agency creates or purchases must be usable by people with disabilities, including federal employees with disabilities and members of the public seeking information or services.

The 2017 "refresh" of Section 508 standards was a major update that aligned the technical requirements with WCAG 2.0 Level AA. This modernized the standards, replaced outdated technology-specific requirements with functional performance criteria, and harmonized U.S. federal standards with international accessibility standards.

Who This Applies To

Directly Covered:

• All federal executive branch agencies
• The U.S. Postal Service
• Independent federal agencies and regulatory commissions
• Government-sponsored enterprises that receive federal funding

Indirectly Affected:

• Federal contractors and vendors: Companies that sell technology products or services to the federal government must ensure their offerings meet Section 508 standards. This has a massive market impact, as the federal government is the world's largest buyer of technology.
• State agencies receiving federal funding: While Section 508 itself applies to federal agencies, state agencies that receive federal funding may be required to meet similar standards as a condition of their funding.
• Organizations modeling compliance programs: Many private-sector organizations use Section 508 standards as their accessibility benchmark, even when not legally required to do so.

Not Directly Covered:

• Private businesses (unless they are federal contractors)
• State and local governments (covered instead by ADA Title II and Section 504)
• The legislative and judicial branches of the federal government (though they may voluntarily adopt the standards)

Key Requirements

ICT Accessibility Standards

The refreshed Section 508 standards (effective January 18, 2018) incorporate WCAG 2.0 Level A and AA success criteria for:

• Web content: All public-facing and internal-facing web content
• Electronic documents: PDFs, Word documents, spreadsheets, presentations
• Software applications: Desktop software, mobile apps, and cloud-based applications
• Hardware: Computers, kiosks, printers, copiers, and other ICT hardware
• Telecommunications: Video conferencing, phone systems, and related equipment
• Video and multimedia: Captions, audio descriptions, accessible media players

Functional Performance Criteria

In addition to WCAG success criteria, Section 508 includes functional performance criteria for users who:

• Cannot see (without vision)
• Have limited vision
• Cannot perceive color
• Cannot hear (without hearing)
• Have limited hearing
• Cannot speak
• Have limited manipulation ability
• Have limited reach and strength
• Have cognitive, language, or learning limitations

Procurement Requirements

Federal agencies must:

• Include Section 508 requirements in all ICT procurement solicitations
• Evaluate vendor products for accessibility compliance before purchase
• Require vendors to submit Accessibility Conformance Reports (ACRs) based on the Voluntary Product Accessibility Template (VPAT)
• Consider accessibility alongside other evaluation factors

Documentation and Reporting

• Agencies must document their Section 508 compliance efforts
• The DOJ historically conducted biennial reports to Congress on federal agency compliance
• The General Services Administration (GSA) maintains Section508.gov as the central resource

Enforcement and Penalties

Section 508 enforcement is less centralized than ADA enforcement:

Administrative Complaints

• Individuals can file administrative complaints with the specific federal agency
• Agencies must have a process for receiving and resolving accessibility complaints
• Federal employees can use their agency's grievance process or file EEO complaints

Private Right of Action

• Section 508 provides a private right of action modeled on Section 504 of the Rehabilitation Act
• Individuals can sue federal agencies for injunctive relief to compel accessibility
• Courts can award attorneys' fees to prevailing plaintiffs

Procurement Consequences

• Vendors whose products do not meet Section 508 standards may lose federal contracts
• Agencies can reject bids that do not demonstrate accessibility compliance
• The Federal Acquisition Regulation (FAR) includes Section 508 requirements

Practical Enforcement Realities

• Enforcement has historically been inconsistent across agencies
• Compliance levels vary significantly between agencies
• The GSA's efforts to standardize reporting and compliance have improved oversight
• Congressional attention to Section 508 compliance has increased in recent years

Practical Implications

For Federal Agencies

• Appoint a Section 508 Program Manager. Each agency should have a dedicated person or team responsible for Section 508 compliance.
• Integrate accessibility into procurement. Every technology purchase should include Section 508 requirements in the solicitation and evaluation criteria.
• Test all web content against WCAG 2.0 AA. This is the explicit technical standard under the refreshed rules.
• Address electronic documents. PDFs are one of the most common sources of Section 508 violations. Ensure all public-facing documents are accessible.
• Train content creators. Web editors, document authors, social media managers, and communications staff all need Section 508 training.

For Federal Contractors and Technology Vendors

• Complete a VPAT for your products. Federal agencies will request this during procurement. An honest, detailed VPAT is essential.
• Build accessibility into your development lifecycle. Retrofitting accessibility is far more expensive than building it in from the start.
• Test with assistive technology. Automated testing is a starting point, but manual testing with screen readers (JAWS, NVDA, VoiceOver) and other assistive technologies is required for meaningful compliance.
• Monitor for updates. The Section 508 standards may be further refreshed to align with WCAG 2.1 or WCAG 2.2 in the future.

For People with Disabilities

• You have the right to accessible federal technology. If a federal website, document, or application is not accessible, you can file a complaint.
• Start with the agency. File an administrative complaint with the specific agency first, as this is often the fastest path to resolution.
• Contact the GSA. The General Services Administration can provide guidance on the complaint process.

Key Dates and Deadlines

| Date | Event | |------|-------| | 1973 | Rehabilitation Act originally enacted | | August 7, 1998 | Section 508 strengthened by the Workforce Investment Act | | June 25, 2001 | Original Section 508 technical standards take effect | | January 18, 2017 | Refreshed Section 508 standards published (ICT Final Rule) | | January 18, 2018 | Refreshed standards take effect, incorporating WCAG 2.0 AA |

There is ongoing discussion about further refreshing Section 508 to align with WCAG 2.1 or WCAG 2.2. The 2024 Title II rule's adoption of WCAG 2.1 AA for state and local governments has increased pressure to update Section 508 to match.

---

This content is provided for educational and informational purposes only and does not constitute legal advice. For guidance on your specific situation, consult a qualified attorney. Laws and regulations are subject to change, and this information may not reflect the most current legal developments.