What’s the Difference Between Section 508 & ADA Requirements?
One of the earliest laws regarding the accommodation of individuals with disabilities was the U.S. Rehabilitation Act of 1973. While this law was primarily concerned with the way government entities would provide support to citizens with disabilities, it did not specifically address accessibility. This legislation focused mainly on expanding grant authorizations for state vocational rehabilitation services and federal programs, providing the Department of Health, Education, and Welfare authority to coordinate support programs for disabled citizens. Throughout the years, the areas that were addressed by the Rehabilitation Act of 1973 were expanded, and in 1998, Section 508 was added to include technology and accessibility.
Federal and Government Technology
The initial version of Section 508 back in 1998 was used to require any technology used by a federal agency or department to be accessible to individuals with disabilities. However, this legislation also applies to tech used by federal employees or members of the public who are interacting with the government agency – AKA government websites. Content accessibility was finally on the radar of the U.S. federal government, and new updates continued to be created to further define accessibility concerning the latest technology of the day. In March 2017, the final update was published by the U.S. Access Board to specify the accessibility requirements for Information and Communication Technology or ICT.
The most significant change to Section 508 in this latest update included WCAG compliance with the Web Content Accessibility Guidelines. Most federal websites were required to meet the WCAG 2.0 Level A.A. compliance. Content accessibility was another point that was further defined in Section 508 with requirements that all official agency content must be accessible in forms that accommodate the different disabilities, including any visual impairments, hearing difficulties, deafness, cognitive, language, and learning disabilities. Other changes include synchronization with all technological design, software, and operating systems to ensure that they are compatible with assistive technologies for persons with disabilities. This latest update also expanded the reach of Section 508 by incorporating international standards for accessibility into the U.S. government policy.
Differences Between Section 508 and ADA Requirements
There are some distinct differences between the requirements for Section 508 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act regulations. While Section 508 focuses primarily on federal agencies and any entities that accept federal funding, including state and local government agencies, the ADA was written to prohibit discrimination against individuals with disabilities in private entities classified as public accommodations. However, the ADA can also be applied to federal agencies and services as a means of prohibiting discrimination and assuring accessibility for all.
- Section 508 – Includes federal, state, and local government offices, as well as government-supported institutions, such as medical centers, universities, and museums. Whether they are fully or partially funded by the federal government, all must abide by Section 508. It is essential for small businesses and contractors to understand the increased requirements for obtaining a government grant or accepting contract work with federal or federally funded agencies.
- The ADA – Written to cover private sector businesses and workplaces, including retail stores, libraries, parks, medical clinics, pharmacies, movie theaters, hotels, and restaurants, the ADA is distinctly different from Section 508. The ADA requires businesses to accommodate not just employees but also all customers and visitors. All disabilities must be considered to prevent any person from being excluded from participation or denied services at a publicly accessible business. Reasonable modifications must be provided to serve individuals who have a disability.
Increased Lawsuits Since 2018
The Rehabilitation Act of 1973, Section 508, and the Americans with Disabilities Act have all been around for quite some time, but we are only beginning to hear about lawsuits with regard to government websites and content accessibility for publicly accessible websites. The reason for this is due to confirmation that came in recent years from the courts that ADA should be applied to websites and other online resources in the same way that it is applied to physical shops and other businesses. As a result, more than 2,000 ADA lawsuits were filed in 2018, and thousands of demand letters were sent out to businesses in violation of these requirements. Since 2018, the number of lawsuits has increased by more than 300 percent, and studies show that one-quarter of all websites that are sued for non-compliance are sued more than once.
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