Section 508: Are You Compliant?

Introduction

As the use of information technology expands in health care and other industries, new challenges have emerged in ensuring equitable access to these potentially life-enhancing advances. To that end, the federal government has devised key legislative language directing federal government activities with regards to accessibility, which is codified within Section 508 of the Rehabilitation Act of 1973. Section 508 requires federal agencies to develop, procure, maintain, and use information and communications technology (ICT), such as online training and websites, in a manner that is accessible for people with and without disabilities. This means that, for example, a person with a disability who is using a federal agency’s website to get information about a program or completing an online form has access to the same information and resources that are available to others.

Although Section 508 is directed at federal agencies, we discuss below why many private sector entities must also comply. We also provide more information on what applications are covered and not covered by Section 508 and how a company such as RaLytics, LLC can help organizations meet their responsibilities under the law.

Which organizations must comply with Section 508?

In general, if anything related to ICT has been paid for with government funds, it must be 508 compliant. That clearly goes for federal agencies; however, any entity that does, or even aims to do, business with any federal agency will also need to comply. This includes private contractors and business partners, as well as entities receiving financial assistance from the federal government such as colleges and non-profits. For example, Medicare Advantage Organizations, which are contracted by the federal government to provide health care benefits to Medicare beneficiaries, must have websites that meet anti-discrimination standards, including those set in Section 508.

It is also considered best practice that any company or entity that communicates with people electronically or digitally should be 508 compliant, ensuring equal and non-biased access to all information created.

Where does Section 508 compliance apply?

Section 508 compliance applies to any information being distributed electronically. This includes, but is not limitedto, information on mobile devices, computer devices (including all software and operating systems), video and audio productions, internet and intranet websites, PDF documents, social media content, training provided virtually or in a classroom environment, webinars and teleconferencing, call centers providing outbound support, and user guides, manuals, or instruction for software and tools.

What are some Section 508 exceptions?

There are a few circumstances that would warrant an exception to 508 regulations. For example, a federal agency does not have to be Section 508 compliant if the accessibility standards impose undue burden (defined as a significant difficulty or expense) on the agency. Also, exceptions may be warranted if the ICT operated by the agency is part of a national security system. In general, an application owner would have to submit an exception certification form with a thorough justification to a designated Section 508 Clearance Officer within the federal agency. The Section 508 Clearance Officer would then submit the exception application for appropriate reviews and approvals. Any exceptions granted are typically for only one “release” of the application, so future iterations would either need to be made compliant or apply for another exception.

What are some common examples of Section 508 compliance issues?

Common examples of Section 508 compliance requirements include ensuring that a user of a web page is alerted and given sufficient time to indicate more time is needed when there is limited time for a response. In addition, row and column headers need to be clearly identified on data tables. Moreover, any applications developed should not override user-selected contrast and color selections or other display attributes. Software should also not use flashing or blinking text, objects, or other elements having a flash or blink frequency greater than 2Hz and lower than 55Hz. These are just a small subset of Section 508 requirements. You are likely to notice them on many websites you visit or applications you use.

Can RaLytics help achieve Section 508 compliance?

Many organizations, including the federal government, seek outside help to ensure compliance with Section 508 requirements. Organizations that have extensive experience with accessibility issues, in particular Section 508 compliance, can assist in comprehensive evaluation and testing to identify shortfalls, development of remediation solutions for any document, web, and/or other ICT accessibility issues, as well as comprehensive training and consultation services.