TL;DR - Section 508 is a U.S. law that mandates federal agencies to make their electronic and information technology (EIT) accessible to individuals with disabilities. While it does not apply directly to private businesses, organizations that work with the federal government or receive federal funding must comply. Additionally, private businesses should consider ADA compliance, as courts increasingly interpret websites as places of public accommodation. Following WCAG 2.2 standards is the best way to ensure compliance and reduce legal risks.
What Is Section 508 Compliance?
Section 508 of the Rehabilitation Act of 1973 was enacted in 1998 to ensure that all federal agencies provide accessible electronic and information technology (EIT) for individuals with disabilities, including both employees and the public. This law applies to a wide range of technologies, including:
Websites and software – Government sites must meet accessibility standards.
Multimedia content – Videos and digital content must provide captions and transcripts.
Telecommunications – Digital communication tools must be accessible.
The most recent update to Section 508 standards (2017) aligned the law with WCAG 2.0 Level AA, making it the baseline for federal digital accessibility compliance.
Does Section 508 Apply to Private Businesses?
Section 508 primarily affects federal agencies, but private businesses can also be impacted in specific cases:
Government Contractors & Vendors – Businesses that provide digital services, technology, or software to federal agencies must comply with Section 508.
Organizations Receiving Federal Funding – Companies or institutions that receive federal grants or financial aid must adhere to Section 508 accessibility standards.
Businesses Seeking Best Practices – While not legally required, many private companies adopt Section 508 or WCAG 2.2 compliance as a best practice for web accessibility.
If your business does not fall under these categories, Section 508 may not apply. However, other laws like the Americans with Disabilities Act (ADA) and state-specific accessibility laws may still require compliance.
Why Private Businesses Should Care About Accessibility Compliance
Even though Section 508 does not directly regulate private businesses, accessibility laws such as the ADA (United States), AODA (Canada), and European Accessibility Actimpose legal obligations on companies that offer public services online. Key considerations for private businesses include:
ADA Compliance & Web Accessibility Lawsuits – The ADA prohibits discrimination against individuals with disabilities, and courts have ruled that websites count as "places of public accommodation." Businesses that fail to provide accessible websites face legal risks and potential lawsuits.
Small Business Considerations – Title I of the ADA exempts businesses with fewer than 15 employees, but Title III, which governs public accommodations, applies to businesses of all sizes.
Global Accessibility Regulations – Many countries outside the U.S. enforce strict accessibility laws. If your business operates internationally, compliance with WCAG 2.2 helps meet multiple regulations simultaneously.
Ensuring Web Accessibility Compliance
For businesses looking to avoid legal risks and improve digital inclusivity, following WCAG 2.2 standards is the best approach. WCAG provides a universally recognized framework for web accessibility, ensuring that all users, including those with disabilities, can navigate digital platforms effectively. The benefits of prioritizing web accessibility include:
Legal protection – Reducing the risk of ADA or Section 508-related lawsuits.
Improved user experience – Making digital services accessible to a broader audience.
Enhanced business reputation – Demonstrating commitment to inclusivity and social responsibility.
If your business is unsure about its compliance status, consulting with web accessibility experts can provide guidance and remediation solutions tailored to your needs.
Want to ensure your website is accessible and legally compliant? Contact EqualWeb today for a free accessibility audit.
