Section 508 requires federal agencies to ensure that their EIT is accessible to people with disabilities, including employees and members of the public. The law covers a wide range of technologies, including computers, software, websites, multimedia, and telecommunications.
In order to comply with Section 508, federal agencies must follow a set of accessibility standards known as the Section 508 Standards. These standards were last updated in 2017 and are based on the Web Content Accessibility Guidelines (WCAG) 2.0 Level AA.
While Section 508 applies specifically to federal agencies, the accessibility standards it sets forth can serve as a useful reference point for other organizations that are seeking to make their digital content more accessible. Many private sector organizations choose to adopt the Section 508 Standards or WCAG 2.1 as a best practice for web accessibility.
Should private businesses care about Section 508 compliance?
As noted, Section 508 is a law that specifically applies to federal agencies, and does not directly apply to private businesses and organizations. However, the accessibility standards set forth in Section 508 can serve as a useful reference point for private organizations that are seeking to make their digital content more accessible.
Although Section 508 compliance refers specifically to federal agencies, there are other laws that apply to private businesses and organizations, which should come under substantial consideration. For example, the
Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities in a variety of contexts, including in places of public accommodation. While the ADA does not specifically mention websites, courts have generally interpreted the law to apply to websites that are considered to be places of public accommodation. As a result, private sector organizations may be at risk of ADA-related lawsuits if their websites are not accessible to people with disabilities.
This includes small businesses as well, which provide
public accommodations. While Title I of the ADA exempts compliance of businesses with less than 15 employees,
Title III of the ADA does not.
How to ensure web accessibility compliance?
Outside the United States, there are many countries that have
web accessibility laws, such as Member States of the European Union, Canada, Australia, Israel, and others. The global nature today of business and commerce means that businesses that operate on an international scale may be subject to web accessibility laws even if their origin country does not have any.
The best way to ensure that a website is accessible to people with disabilities is to follow the
Web Content Accessibility Guidelines (WCAG) 2.1, which are widely recognized as the standard for web accessibility. Even if compliance with WCAG 2.1 is not required by law, it can help to reduce the risk of legal claims and ensure that a website is accessible to the broadest possible audience.
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