Section 508 requires that when Federal agencies develop, procure, maintain, or use
electronic and information technology (EIT), Federal employees with disabilities
have comparable access to and use of information and data as Federal employees who
have no disabilities, unless an undue burden would be imposed on the agency.
Section 508 also requires that individuals with disabilities, who are members of
the public seeking information or services from a Federal agency, have comparable
access to and use of information and data as the public without disabilities, unless
an undue burden would be imposed on the agency.
Although Federal agencies have an explicit statutory obligation to make all EIT that they develop, maintain
or use compliant with Section 508, the current emphasis is on newly procured EIT because it is the category
that is explicitly enforceable by legal action. Procurement awards made on or after
June 25, 2001, are subject to Section 508 (see
FAR Final Rule).
According to the Access Board, the Section
508 requirements do not apply retroactively to pre-existing
EIT. Specifically, the "Electronic
and Information Technology Accessibility Standards: Economic Assessment,"
states that:
The standards are to be applied prospectively and do not require Federal agencies
to retrofit existing electronic and information technology. As agencies upgrade
and change their electronic and information technology, they must comply with the
standards. - (See Chapter 2.1 Final Standards)
It should be noted, however, that other Federal regulations and guidelines (e.g.,
Section 501 and Section 504 of the Rehabilitation Act) require equal access for
individuals with disabilities. Therefore, Federal agencies are required, upon request,
to provide information and data to individuals with disabilities through an alternative
means of access that can be used by the individuals.