Section 508 vs ADA
Section 508 governs ICT developed, procured, maintained or used by federal agencies. Its revised standards incorporate WCAG 2.0 A and AA and other ICT requirements. ADA Title II covers state and local government, with a WCAG 2.1 AA web/mobile rule. Title III concerns private public accommodations; DOJ has not adopted the same uniform WCAG regulation for that title. Federal funding and federal procurement are different triggers.
Side-by-side comparison
| Dimension | Section 508 | ADA |
|---|---|---|
| Source statute | Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. § 794d) | Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12101+) |
| Who is covered | Federal agency ICT; suppliers through applicable ICT procurement and contract requirements | Title I: employers (15+ employees). Title II: state/local government. Title III: places of public accommodation. |
| Web technical standard | WCAG 2.0 Level AA (per 2018 Section 508 Refresh) | Title II: WCAG 2.1 Level AA (28 C.F.R. § 35.200). Title III: no uniform DOJ WCAG regulation; applicable remedies, settlements and contracts can specify a target. |
| Enforcement body | U.S. Access Board (rule); GSA (federal acquisition); each agency (compliance) | U.S. Department of Justice (Title II/III) + private right of action |
| Private right of action? | Section 508 provides administrative complaints and civil actions within the statute’s enforcement scope | Yes — individuals can sue under Title II and Title III |
| Key deadline | Revised standards are in force; review current procurement terms | Title II: April 26, 2027 / April 26, 2028 (extended one year by April 2026 IFR) |
| Penalties | Administrative complaints, civil enforcement within statutory scope, and procurement remedies | Title II: injunctive relief, compensatory damages, attorneys' fees, loss of federal funding. Title III: injunctive relief + attorneys' fees (state laws add damages — e.g., $4,000 per Unruh violation in CA) |
| Procurement obligation | YES — federal acquisition rules (FAR Part 39, 36 CFR Part 1194) require Section 508 conformance in IT purchases | NO direct procurement requirement, but covered entities must ensure third-party tools are accessible to satisfy Title II/III |
| Documentation expected | VPAT (Voluntary Product Accessibility Template) / ACR (Accessibility Conformance Report) | Accessibility statement; remediation roadmap; conformance testing records |
When both apply
A state university can have Title II responsibilities and Section 504 obligations because of federal financial assistance. Funding does not automatically bring its website under Section 508, although a state policy or ICT contract may adopt those standards. A supplier building a federal agency system should evaluate the requirements in that procurement, while separately reviewing obligations for its own business. Record each framework, covered system and evidence requirement before choosing a target.
Official sources: section508.gov · ada.gov
Related standards comparisons
- WCAG and the ADA: how a W3C spec became U.S. law — the history of how courts and the DOJ adopted WCAG as the ADA's technical standard.
- ADA vs. WCAG vs. Section 508: the full three-way breakdown — a single side-by-side comparison of all three when you need to explain the difference to someone else.
FAQ
- What is the difference between Section 508 and ADA?
- Section 508 governs ICT that federal agencies develop, procure, maintain or use. Suppliers must meet applicable procurement and contract requirements. Federal funding alone is not a Section 508 trigger. ADA Title II covers state and local government; Title III covers public accommodations, with website coverage differing by jurisdiction. Section 504 is a separate nondiscrimination framework.
- Does Section 508 use WCAG 2.0 or 2.1?
- The Revised Section 508 Standards incorporate WCAG 2.0 Level A and AA, subject to their scope and exceptions, and include requirements beyond web content. A contract can require more. Check the actual procurement requirements rather than treating a WCAG-only report as a complete Section 508 assessment.
- Which standard do I need to meet?
- First identify the applicable law and contract. The ADA Title II web and mobile rule specifies WCAG 2.1 AA. DOJ has not adopted an equivalent uniform WCAG regulation for Title III. HHS has a separate Section 504 web rule. EAA coverage depends on listed product and service categories and applicable exceptions, not merely having EU customers. Document each applicable requirement and the evidence needed to evaluate it.