Understanding EIT Compliance for Federal and Beyond
The internet plays a pivotal role in our daily lives. It is critical for all users to have equal access. The commitment to inclusivity goes past the idea of a commendable effort. It's been a legal requirement in the United States for some time, as well as a growing standard in many places around the world. When websites, web applications, digital documents, and software are accessible, people with disabilities can use them to access information, participate in activities, and connect with others just like everyone else.
What is Section 508’s Requirement for Electronic and Information Technology (EIT)?
Section 508 of the Rehabilitation Act of 1973 is a law that requires United States federal agencies to make their electronic and information technology (EIT) accessible. This includes all electronic and information technology (EIT) developed, procured, maintained, or used by federal agencies to be accessible to people with disabilities, such as websites, web applications, software, digital documents, and other EIT. The law’s objective is to make sure that all forms of EIT can be used without barriers and without unnecessary difficulty by people who are blind, deaf, have mobility impairments, or other disabilities. Section 508 also applies to any organization that receives federal funding or contracts with the federal government.
What is Digital Accessibility, Anyway?
Web accessibility is a term commonly used to describe the practice, and results, of unlocking websites and web applications to people with disabilities. Digital accessibility is a broader term that goes beyond what we consider “the web”, to include online or offline digital documents and software, as well as any digital or electronic device or hardware that is used to access information or interact with the world.
Digital accessibility can refer to accessibility for mobile devices, like smartphones and tablets, desktop and laptop computers, wearable devices, such as smartwatches and fitness trackers, smart TVs, connected vehicles, smart home devices, like thermostats and doorbells, video game consoles, e-Readers, point-of-sale systems, ATM machines, public transportation kiosks, medical devices, and educational technology.
EIT Specified for Accessibility in Section 508: What’s Included?
Section 508 Electronic and Information Technology refers to IT (information technology) as defined at FAR 2.101, and in addition, includes:
- Telecommunication devices: telephones, mobile phones, smart speakers, and similar devices.
- Self-service systems: information kiosks and other similar devices used to access information or perform transactions without the need for human assistance.
- Websites and online platforms: World Wide Web sites, mobile apps, and other digital platforms used to access information and services.
- Multimedia content: videotapes, DVDs, Blu-ray discs, and other media that contain audio and visual content.
- Office technology: copiers, fax machines, printers, and other devices used to create and manage documents.
AdvertisementThe legal definition of what EIT includes is set by the Access Board at 36 CFR 1194.4, as well as in the previously mentioned FAR at 2.101.
As you can tell, EIT refers to the entire set of what we call “IT”, and relevant technologies and devices, as well as websites and applications. It is an explicitly defined subset of web accessibility and digital accessibility, with room for interpretation and expansion as most such lists are. It is also not limited to products; it includes IT-related services such as help desks.
Digital Accessibility
While information technology is a huge category, and EIT adds to that some tech and devices that seem both slightly outdated and rather office-oriented in the original language, technology advances at a much faster rate than government. Here are just a few of the current devices and technologies users with disabilities need to navigate equally:
Disabilities can affect a user’s ability to enter and navigate sites, apps, and software, as well as their use of connected hardware and interactive devices. Disabilities may include blindness, deafness, low vision or color blindness, mobility impairments, and many other conditions, both permanent and temporary. Some disabilities are not immediately noticeable, so the key is to be aware that you will not always know who has a disability.
Web Accessibility
Web accessibility has a lot of overlap with digital accessibility, but it tends to refer mainly to websites and web applications. These should be planned, designed, and developed to be usable by everyone, regardless of their abilities. As with community parks, buildings, or transportation, or your local pizza parlor, the internet and its contents are for everyone to use and enjoy, including people with disabilities. “A Web site is a place of public accommodation,” as a New York federal court judge wrote in a 2017 ruling. And that doesn’t only mean government websites, or web apps run by colossal corporations. In fact, just as you yourself would like to enjoy and make use of all the online resources available, people with disabilities deserve and wish to do the same. Love crafting and DIY projects? So does your neighbor who used to rely on Braille needlework books, but now uses a screen reader to find new accessible knitting patterns. If you’re a website owner, designer, or administrator, take a moment to consider how accessible your digital content really is, even if it’s niche. Even if you’re not one of the internet entrepreneurial giants with massive reach. And you never know, someday you could be.
Who Needs Digital Accessibility?
As a whole, we all do. When digital platforms are accessible, they open the door for everyone, regardless of their abilities, to engage and participate fully in the digital world. Many of our daily activities, from work and education to shopping and entertainment, have shifted online. This makes it crucial for everyone to have access so they can navigate and utilize these platforms effectively.
Of course, people who have disabilities need digital accessibility on a much more immediate level.
Disabilities Supported by Section 508 Compliance
Because we all need these services on a routine basis, Section 508 supports digital accessibility for everyone, covering a wide range of disabilities, including:
- Visual impairments
- Hearing impairments
- Motor or mobility impairments
- Cognitive and neurological disabilities
- Speech disabilities
- Learning disabilities
From the heart of the web out to its farthest-flung edges, there are so many things people with disabilities should be able to do online. Under US Section 508, accessibility to the web for people with all of these disabilities is the law.
Suggestion for graphic: Children of different ages and abilities using tablets and laptops to learn. Some children are using assistive technologies, such as screen readers and voice assistants.
Connection
The rise of social media has made the internet a primary mode of social interaction for many people. People with disabilities may use the internet to find support groups and become part of a disability-related or accessibility advocacy communities. When accessibility is in place, everyone can connect, share their stories, and engage in global conversations.
Economic
The modern economy is significantly digital. From the financial chores of our daily lives, including banking and paying bills, to larger-scale e-commerce and digital services, many financial transactions and business operations happen on the web. Accessibility removes barriers, so all consumers and entrepreneurs can join the digital marketplace.
Learning
Toddlers, seniors, or in between, everyone loves to learn. But can they all access the internet’s trove of information and learning resources? Web accessibility means everyone, regardless of their abilities, can learn new skills, access knowledge, pursue their educational aspirations, and advance their careers.
Governance
The internet is increasingly used to navigate government services, such as filing taxes, renewing licenses, applying for benefits, or accessing justice systems. As governments worldwide offer more services online, it's critical for all citizens to access them to exercise their rights and fulfill their civic responsibilities.
Health
Telehealth and online wellness resources have become indispensable. Accessibility means that everyone can benefit from online health consultations, mental well-being tools, and fitness guides. People with disabilities specifically use the internet to learn about their conditions, find support groups, and connect with healthcare providers.
In short, digital accessibility is now considered a human right. The United Nations Convention on the Rights of Persons with Disabilities (CRPD) states that people with disabilities have the right to access information and communication technologies equally and without discrimination. This includes the right to use the internet without barriers.
A Dip into US Digital Accessibility, Then and Now
Digital accessibility has been a growing concern since the early days of the internet. In 1990, the Americans with Disabilities Act (ADA) laid the foundation for broader disability rights, later modified to include access to the newly born and rapidly growing expanses of digital technology. But it wasn't until 1998 that Section 508 of the Rehabilitation Act was enacted, specifically addressing digital accessibility for people with disabilities.
Section 508 compliance requires federal agencies to make their electronic and information technologies user-friendly for those with disabilities. This includes websites, software, and other digital tools. Other accessibility laws, such as the 21st Century Communications and Video Accessibility Act (CVAA), also play a role in making sure that people with disabilities have equal access to the digital world.
Who Must Comply with Section 508?
In practice, nearly all federal agencies, and we haven’t found one yet that is exempt. If implementing standard accessibility compliance causes what’s termed an “undue burden” on a particular federal agency, that agency must provide all inaccessible data to people with disabilities through some other means. However, it is rare that an exempt status of undue burden truly applies. And, Section 508 impacts any organization doing business with a federal government agency, as well as any organization that receives federal funding.
What About Outside Vendor Compliance?
Within the US, Section 508’s purview includes its stated specifications of agencies within the US government. While the law does not have requirements that apply Section 508 directly to vendors, contractors or subcontractors, it does impose requirements on EIT products and services delivered to federal agencies: the EIT must be in compliance with Section 508. It is the agencies’ responsibility to acquire EIT that meets Section 508 standards, rather than the responsibility of the EIT provider. That simply means that contractors such as designers or manufacturers must produce EIT that is compliant with Section 508 if they wish to market their products to the United States Federal government or any of its agencies. EIT that doesn’t comply with 508 cannot be used there. So, in that way, the law extends to them, as well, indirectly.
What About Private Sector Websites?
Once again, the responsibility for this falls on the federal agencies. But, any EIT products or services sold to the federal government of the United States must comply with Section 508.
This may include websites or businesses that have users and customers within the US, as long as they fall within certain categories. That includes millions of sites that aren’t US-based: A study by Statista found that in 2022, 54% of global internet users were from North America. However, whether or not a website outside of the United States is liable to comply with digital accessibility laws depends on a number of factors, including the website's content, the nature of its relationship with American customers including any federal government agencies, and the laws of the country in which the website is hosted. Of course, other countries have their own regulations surrounding digital content and web accessibility, and these must be complied with as well.
Here are some examples of websites outside of the United States that may be liable to comply with US-based digital accessibility laws, to the extent that their customers may include federal government agencies at any point along the way:
- A website that sells goods or services to American customers
- A website that provides online banking services to American customers
- A website that provides government services to American customers
- A website that provides educational services to American students
If you are unsure whether or not your website is liable to comply with location-specific digital accessibility laws, you should consult with an attorney.
Are There Different Levels of Section 508 Compliance?
You may be thinking of the the WCAG’s conformance levels: A, AA, and AAA, with triple-A being the highest level possible. So, short answer, not specifically within Section 508, but WCAG sets the guidelines.
The WCAG provides guidance on achieving accessibility, and is used as a benchmark for accessibility in much of the world, as well as a legal reference. The Web Content Accessibility Guidelines (WCAG) are part of several web accessibility guidelines published by the the Web Accessibility Initiative (WAI). The WAI is under the direction of the nongovernmental international organization known as the World Wide Web Consortium (W3C), which provides generally accepted standards for the internet as a whole.
Other Types of U.S. Digital Accessibility Law Compliance
In addition to Section 508 of the Rehabilitation Act, there are a number of other US laws that require businesses to make their websites accessible. These laws include:
The Americans with Disabilities Act (ADA)
The ADA prohibits discrimination against people with disabilities in all areas of public life, including employment, transportation, and public accommodations. The ADA has been interpreted to require that businesses make their websites accessible to people with disabilities.
The 21st Century Communications and Video Accessibility Act (CVAA)
The CVAA requires advanced communications services and products to be accessible to people with disabilities. This includes services such as television, internet, and telephone services.
Why Accessibility Compliance Matters
First, it is the right thing to do. Everyone has the right to access the same information and opportunities, regardless of disability.
Second, accessibility compliance is good for business. When businesses make their websites accessible, they reach a wider audience and increase their potential customers.
Third, accessibility compliance can help businesses avoid legal liability. There are a number of laws that require businesses to make their websites accessible, including Section 508 of the Rehabilitation Act.
Who Should Be Taking Extra Steps to Ensure Compliance?
All organizations that are subject to Section 508 of the Rehabilitation Act are required to comply with its accessibility laws. This includes federal agencies and any organization that receives federal funding or contracts with the federal government.
Section 508 accessibility laws are relevant to all types of organizations in the United States, regardless of location or industry. However, some industries may be more likely to be subject to Section 508 accessibility laws than others. For example, organizations in the healthcare and education industries are more likely to receive federal funding or contract with the federal government, and are therefore more likely to be subject to Section 508 accessibility laws.
Federal agencies are required to comply with Section 508 accessibility laws to the strictest level. However, all organizations that are subject to Section 508 accessibility laws by extension as a result of the services they provide should strive to comply with the highest level of accessibility possible.
Potential Consequences of Not Being U.S. Section 508 Accessibility Law Compliant
Are all federal agencies and their EIT providers actually compliant? A March 2023 report says no. However, the United States Department of Justice (DOJ), which issued the report, has recently been amplifying its accessibility compliance enforcement efforts, with the intention of compelling private sector organizations to not only comply with accessibility standards, but to implement website testing and monitoring. As things stand, even businesses who aren’t working on accessibility out of the purest of intentions should surely be scrambling to get accessible.
Organizations not in compliance with accessibility laws may face a number of consequences, including:
- Legal action: People with disabilities who are unable to access an organization's website or web application may file a lawsuit against the organization.
- Financial losses: Organizations that are not compliant with accessibility laws may lose business from people with disabilities and their families. Organizations that are not in compliance with Section 508 will also be legally unable to do business with the federal government or any of its agencies. They may also lose out on potential partnerships with other organizations that are working under Section 508 requirements.
- Reputational damage: Organizations that are not compliant with accessibility laws may be seen as discriminatory and thereby damage their reputation. A commitment to accessibility is a public statement of the organization’s ethics and direction, and of course, vice versa.
Have Such Lawsuits Been Successful?
They have indeed. While some business es may suffer from what’s known as serial or high-frequency litigants, with one specific person or law firm doing the equivalent of ambulance chasing in the accessibility realm, by and large the people complaining that websites aren’t accessible are actually ordinary people with real disabilities, who should be getting equal access, and aren’t.
Here are some real-life examples of the consequences of not being accessibility law compliant:
In 2017, the National Federation of the Blind filed a lawsuit against Domino's Pizza, alleging that the company's website and web application were not accessible to people with disabilities. The lawsuit was settled in 2019, with Domino's Pizza agreeing to make its website and web application accessible to people with disabilities.
In 2018, the U.S. Department of Justice filed a lawsuit against Winn-Dixie Stores, alleging that the company's website and web application were not accessible to people with disabilities. The lawsuit was settled in 2020, with Winn-Dixie Stores agreeing to make its website and web application accessible to people with disabilities.
How to Check If Your Website or Web Application Is Compliant
There are a number of ways to check whether your website or web application is compliant with accessibility laws such as Section 508 and others. One way is to use a web accessibility testing tool. There are many free and paid web accessibility testing tools available.
Another way to check whether your website or web application is compliant is to hire a web accessibility consultant, or an accessibility consulting team. A web accessibility consultant can help you to identify and fix any accessibility issues on your website or web application.
Improving Web Accessibility: Tips to Follow
Keep referring to WCAG guidelines, and keep testing. Here are a few tips to get started on improving web accessibility for any of your digital assets:
- Use clear and concise language. Avoid using jargon and technical terms.
- Use descriptive headings and links. Screen readers use headings and links to help users navigate websites and web applications.
- Provide meaningful alternative text for images and other non-text content. Screen readers cannot read images and other non-text content, so it is important to provide alternative text that describes the content.
- Use sufficient color contrast. Make sure that the text and background colors on your website or web application have sufficient color contrast so that they are easy to read for everyone, including people with visual impairments.
- Make sure that your website or web application can be navigated using a keyboard. People with mobility impairments may not be able to use a mouse, so it is important to make sure that your website or web application can be navigated using a keyboard.
Practical Solutions for Improving Web Accessibility
Along with the tips above, take the following steps to improve your digital and web accessibility:
Consider a web accessibility plugin or overlay. These are pieces of software that can be added to a website or web application to make it more accessible, or to a content management system (CMS) to make it easier to create accessible web content. Web accessibility overlays typically add features such as screen reader support, keyboard navigation, and color contrast adjustment, while plugins may provide features such as automatic alt text generation, color contrast checking, and keyboard navigation testing. While some may say any type of automation in accessibility solutions is controversial or even incorrect, the fact is that it may be the most efficient solution for large-scale compliance as well as for small businesses who may not be able to afford the services of accessibility experts, in-house or out. A strategic combination of these tools can yield excellent, budget-friendly accessibility results. Remember, improved accessibility is better than none.
Hire a web accessibility consultant. When you do have a budget for it, this is the next logical step to take. A web accessibility consultant, or a team of such experts, can help you to identify and fix any accessibility issues on your website or web application. While you may be savvy enough to manage the more plug-and-play accessibility solutions, it is wisest to employ expert services and advice. If you are an organization that falls under Section 508 accessibility compliance requirements, this is something you’ll want to prioritize.
Perhaps it makes sense that some of the companies that provide accessibility software will often also have a team of accessibility experts that are available to hire. Some of the most popular such firms include Deque, Level Access, UserWay, Knowbility, accessiBe, BoIA, AudioEye, and TPGi.
The Impact and Benefits of Accessibility Law Compliance
Section 508 accessibility compliance benefits everyone.
For people with disabilities, Section 508 accessibility compliance means that they can access the same information and services as everyone else. This can lead to increased employment opportunities, educational opportunities, and civic participation.
For businesses, Section 508 accessibility compliance can lead to increased sales and customer satisfaction. When businesses make their websites and web applications accessible, they reach a wider audience, including people with disabilities and the people who care about them.
For the general public, Section 508 accessibility compliance means that everyone has equal access to information and services. This may lead to a more inclusive and equitable society.
And, Section 508 accessibility compliance can help businesses avoid legal liability and reputational damage. Something to think about, if you are a business owner.
Section 508 accessibility compliance is important for us all. Embracing Section 508 standards not only fulfills a legal obligation but, we may hope, also ushers in a more inclusive digital age. When websites and digital tools open their doors to everyone, it reflects a commitment to fairness and equality. And that’s a direction we all want to head towards.
FAQs
Section 508 is a federal law that requires all electronic and information technology (EIT) developed, procured, maintained, or used by federal agencies to be accessible to people with disabilities. WCAG, or the Web Content Accessibility Guidelines, is a set of international standards for making web content accessible to people with disabilities. Section 508 accessibility requirements are currently based on WCAG 2.1 Level AA. With WCAG's new 2.2 out, that may change.
The ADA provides broad guidelines for all public accommodations, including some digital aspects. In contrast, Section 508 is specifically tailored to make electronic and information technology accessible, primarily focusing on federal agencies.
One way is to use a web accessibility testing tool. There are multiple free and paid web accessibility testing tools available. Another way to check if your website is Section 508 compliant is to hire a web accessibility consultant.
Regular audits are wise. It's recommended to review your site for accessibility whenever you introduce significant updates, or at a minimum, twice a year.
Yes, there are a few exemptions, such as national security systems. However, most federal electronic and information technologies should be compliant.
Just as with websites, mobile apps should be accessible to people with disabilities if they're developed or used by federal agencies.
The W3C developed the Web Content Accessibility Guidelines (WCAG), which offer a global standard for web accessibility. While Section 508 has its own standards, they align closely with WCAG.
If you're a federal agency or receive federal funding, non-compliance can lead to legal repercussions. Private businesses might face legal challenges based on broader laws like the ADA.
Many tools and services, such as WAVE, Axe, UserWay or AccessiBe, can help guide your site to better accessibility. In addition, we always recommend finding accessibility blogs that can help break down the complexities of compliance.
Many countries have their own web accessibility laws, but the US's Section 508 and ADA are among the most comprehensive so far.
Directly, no. Section 508 primarily targets federal agencies. However, private businesses often adopt Section 508 principles as best practices, especially if they collaborate with government entities.
Everyone wins with better accessibility. For people with disabilities, Section 508 accessibility compliance means that they can access the same information and services as everyone else. For businesses, Section 508 accessibility compliance can lead to increased sales and customer satisfaction. And, a more navigable, user-friendly site can lead to improved user experience, faster loading times, and cleaner designs, benefiting all users.
