Web Accessibility: Section 508 Compliance

by Kyle David on July 22nd at 8:18 am EST

Section 508 was instituted by Congress in 1998 to make new online opportunities available to people with disabilities and to encourage the development of software and technologies to help make this happen. An amendment of the Rehabilitation Act of 1973, Section 508 requires federal agencies to make their electronic and information technology available to disabled citizens. Under the amendment, agencies must give disabled employees and citizens access to information accessible to others.[1] This law applies to federal agencies that develop, procure, maintain and use electronic and information technology.[2]

The Rehabilitation Act of 1973 historically prohibits disability discrimination in programs conducted by federal agencies, programs funded by federal agencies, in federal employment and in the employment of federal contractors. Because of the technological advancement in the past 30 years, Congress added Section 508 to the Act to cover the electronic and information technology aspect of federal business.[3]

Statistics as of 2004 show that between four and eight percent of Internet users are disabled, and these disabled users spend about twice as much time on the Internet as non-disabled users because of navigational difficulty.[4] These statistics show that federal agencies catering to disabled Internet users is a relevant and necessary issue, hence the Section 508 amendment to the Rehabilitation Act.

Landmark Section 508 Cases

National Federation of the Blind vs. Target – In 2006, the NFB brought Target to district court and charged that Target’s Web site is inaccessible to the blind and violates the Americans with Disabilities Act of 1990, along with several other California human rights acts.

“What this means is that any place of business that provides services, such as the opportunity to buy products on a Web site, is now a place of accommodation and therefore falls under the ADA,” said director of user experience for Mindshare Interactive Campaigns LLC Kathy Wahlbin in a Direct Marketing News story on Sept. 18, 2006.[5]

Just as a physical building must be wheelchair accessible, she said, a Web site must be accessible to all walks of human life. The district court did not allow Target to dismiss the case, ruling that federal and local civil rights laws apply to Web sites like Target.com. The blind college student who could not access Target.com, Bruce Sexton, partnered with the NFB, and is still fighting Target on the issue. This is probably the biggest landmark case in Section 508 history.

10 disability rights groups vs. Southwest and American Airlines – In 2003, 10 national disability rights groups filed a friend-of-the-court brief in Miami to urge the U.S. Court of Appeals for the 11^th Circuit to make sure the World Wide Web is accessible to disabled citizens. The brief was inspired by lawsuits filed against Southwest Airlines and American Airlines regarding the inaccessibility of their Web sites.[6]

Access Now vs. Barnes & Noble and Claire’s Stores – In 2001 and 2002, Access Now sued Barnes & Noble and Claire’s Stores for having Web sites that violated the Americans With Disabilities Act. Before rulings could be made, both cases settled out of court.[7]

NFB vs. America Online (AOL) – In 1999, the NFB filed a lawsuit against AOL after the company failed to change inaccessible software for blind readers. The case settled out of court but remains one of the biggest cases regarding Section 508 to date. The agreement stated that AOL’s future versions would be compatible with screen reader assistive technology, making it accessible to blind users. AOL has abided by the settlement since its inception.[8]

Areas of Compliance Concern

The standards of Section 508 are extensive and greatly dependent upon the type of disability at hand. The standards establish a minimum level of accessibility, but many Web companies are taking great strides and going above and beyond for the disabled members of society. The topics covered by the compliance rules are communication, duplication, computing, storage, presentation, control, transport and production.[9] Becoming Section 508 compliant is no longer an option, and every agency and company must abide by the rules involved. For immediate reference, here are some of the compliance issues that need to be researched by your agency to abide by the rules of Section 508.

Some areas of compliance:[10]
-Web Site Navigation – Web masters and managers now have a lot at stake. It is crucial they know how to apply the Section 508 standards to the sites they oversee. What is accessibility all about? What are the standards? Requiring your Web masters and project managers to be knowledgeable in Section 508 will save you millions of dollars in the event of a lawsuit.

-Audio and Video – Videos and other multimedia are often used for training and other programs in agencies. But without the ability to hear, there can be a large disconnect for the hearing impaired employees. Learn how to create multimedia accessible to everyone in your agency. Add the necessary audio descriptions and captions to your multimedia product.

-Flash – Flash is extremely useful in catering to the hearing impaired. It allows your Web designers to create complex and detailed pictures and charts that cannot be created with basic HTML. Flash is a valuable tool in Section 508 compliance.[11]

-Resizable Text – It gets difficult for people with disabilities to read some of the small text found on various Web sites and forums on the Internet. That’s why it is important for your company to provide the resizable text option for your employees so they can adjust the size based on their visual needs.

-Text Only Versions – Your Web site must have a text only version for the hearing impaired individuals, especially if your Web site has a lot of videos that require hearing important details. Familiarize yourself with and launch an efficient, text only version of your agency’s Web site.

-Buying Accessible Computers – If you purchase the computers for your agency, it’s important to learn about the technical requirements of Section 508. This includes the physical side of computers, such as mechanics, controls and connectors. Buying the right computers is a major part of the Section 508 compliance process.

Conclusion

As the baby boomers get older, the number of disabled users increases and technology continues to develop, Section 508 will continue as a relevant and necessary issue to confront. The NFB vs. Target case is a prime example of the direction the issue is going. It isn’t necessarily that the government has been less-than-sympathetic in the past – it’s simply that with the advancement of technology comes an increase in the number of users and, in turn, the number of disabled users. During the past 10 to 15 years, Web companies are taking great strides in making their Web sites accessible to all individuals. Past lawsuits have paved the way to urge the progression of the issue. Section 508 compliance is becoming of utmost importance, and the Web solutions and design affiliates your company works with must have a fluent knowledge of the protocol.

Keep in mind that special courses in Section 508 certification are offered, and it would be a major benefit to have an expert on staff. Section 508 compliance not only gives all humans technological equality, it could save you millions of dollars and hundreds of hours of time-consuming litigation.