Section 508 Compliance - Complete Guide

Overview

Section 508 of the Rehabilitation Act of 1973, as amended in 1998, is a federal law that requires all electronic and information technology (EIT) developed, procured, maintained, or used by federal agencies to be accessible to people with disabilities. This includes both employees and members of the public.

The law applies to all federal agencies when they develop, procure, maintain, or use electronic and information technology. This encompasses a wide range of technologies including websites, software applications, telecommunications products, video and multimedia products, desktop and portable computers, and more.

In January 2017, the U.S. Access Board published a final rule that updated Section 508 standards. These "Revised 508 Standards" incorporated by reference the Web Content Accessibility Guidelines (WCAG) 2.0 Level A and Level AA success criteria, harmonizing Section 508 with international accessibility standards and modernizing requirements for technology that has evolved significantly since the original standards were published.

Key Facts About Section 508

Enacted: 1998 (amended from 1973 Rehabilitation Act)
Last Updated: January 2017 (Revised 508 Standards)
Enforced By: U.S. Access Board and individual federal agencies
Applies To: All federal agencies and their contractors
Based On: WCAG 2.0 Level A and AA (since 2017)
Covers: Websites, software, hardware, documents, multimedia, and telecommunications

Legal Framework and History

Historical Context

The Rehabilitation Act of 1973 was groundbreaking civil rights legislation that prohibited discrimination on the basis of disability. Section 508 was added as part of the 1986 amendments but initially lacked specific technical requirements. The 1998 Workforce Investment Act amendments strengthened Section 508 significantly by mandating that federal agencies ensure their electronic and information technology is accessible to people with disabilities.

The U.S. Access Board, an independent federal agency, was tasked with developing and maintaining technical standards for Section 508 compliance. The original standards, published in December 2000, were revolutionary for their time but quickly became outdated as technology evolved. The 2017 refresh modernized these standards to address contemporary technology and align with international standards.

Legal Authority

Section 508 derives its authority from several sources:

29 U.S.C. § 794d: The primary statutory authority requiring federal agencies to make their EIT accessible
36 CFR Part 1194: The implementing regulations and technical standards published by the U.S. Access Board
Federal Acquisition Regulation (FAR): Incorporates Section 508 requirements into federal procurement processes
Agency-Specific Policies: Individual federal agencies may have additional requirements beyond the minimum Section 508 standards

Enforcement and Remedies

Section 508 is enforced through several mechanisms:

Administrative Complaints

Individuals who encounter accessibility barriers in federal agency technology can file complaints with the agency. Agencies are required to have processes for receiving and responding to these complaints. If the agency does not satisfactorily address the complaint, individuals can escalate to the agency's civil rights office or the Department of Justice.

Federal Lawsuits

Individuals can bring lawsuits under the Rehabilitation Act against federal agencies for Section 508 violations. Courts can order agencies to make their technology accessible and may award damages and attorney's fees to successful plaintiffs.

Procurement Consequences

Federal agencies risk procurement challenges and contract disputes if they purchase non-compliant technology. Vendors who provide inaccessible products may face contract termination and be excluded from future federal procurement opportunities.

Congressional Oversight

Congress regularly reviews federal agency compliance with Section 508. Agencies must report on their accessibility efforts, and poor compliance can result in budget implications and legislative mandates.

The 2017 Refresh: What Changed

The 2017 Revised 508 Standards represented a comprehensive modernization of accessibility requirements. Major changes included:

WCAG 2.0 Integration: Incorporated WCAG 2.0 Level A and AA by reference for web content, replacing older standards
Expanded Scope: Added requirements for mobile applications, social media, and cloud-based services
Hardware Requirements: Updated technical requirements for computers, printers, copiers, and other hardware
Software Standards: Modernized requirements for desktop and mobile software applications
Functional Performance Criteria: Strengthened outcome-based requirements ensuring technology works for all users
Harmonization: Aligned with European EN 301 549 standard to facilitate international compliance
Documentation: Enhanced requirements for accessibility documentation and user support

Who Must Comply

Federal Agencies

All executive branch federal agencies must comply with Section 508. This includes:

Cabinet-Level Departments: State, Treasury, Defense, Justice, Interior, Agriculture, Commerce, Labor, HHS, HUD, Transportation, Energy, Education, Veterans Affairs, Homeland Security
Independent Agencies: EPA, NASA, GSA, SSA, and dozens of others
Regulatory Agencies: SEC, FCC, FTC, FDIC, and others
Intelligence Agencies: CIA, NSA, and other intelligence community members

Legislative and judicial branches are encouraged but not required to comply with Section 508, though many have voluntarily adopted the standards.

Federal Contractors and Vendors

Any organization that provides electronic and information technology to federal agencies must ensure their products and services meet Section 508 standards. This includes:

Software Developers: Creating applications or systems for federal use
Website Developers: Building or maintaining federal websites
Hardware Manufacturers: Providing computers, phones, kiosks, or other devices
Content Creators: Developing documents, multimedia, or training materials
Service Providers: Offering cloud services, SaaS, or hosted applications
Telecommunications Companies: Providing communication systems and devices

Contractors must provide Accessibility Conformance Reports (ACRs), typically using the Voluntary Product Accessibility Template (VPAT®), documenting how their products meet Section 508 requirements.

Grant Recipients

Organizations receiving federal grants may be required to comply with Section 508 if:

The grant agreement specifically requires Section 508 compliance
They are developing technology that will be used by a federal agency
The grant-funded technology will be used to provide services on behalf of a federal agency

Important: Beyond Direct Requirements

While Section 508 technically applies only to federal agencies, many state and local governments have adopted similar standards. Additionally, private sector organizations increasingly adopt Section 508 standards as best practices or to prepare for potential future federal contracts. The standards have become a de facto benchmark for accessibility across many industries.

Technical Standards

WCAG 2.0 Integration

The centerpiece of the Revised 508 Standards is the incorporation of WCAG 2.0 Level A and Level AA success criteria for web content. This means that federal web content must meet all 38 Level A criteria and all 20 Level AA criteria from WCAG 2.0.

Specifically, Section 508 references:

501.1 Scope: Defines what constitutes "web content"
602.3 Electronic Content: Requires conformance to WCAG 2.0 Level A and AA

This integration means that all WCAG 2.0 Level A and AA requirements—covering perceivability, operability, understandability, and robustness—are now Section 508 requirements for web content.

Functional Performance Criteria

Chapter 3 of the standards establishes Functional Performance Criteria (FPC) that provide outcome-based requirements. These criteria ensure that even if specific technical standards cannot be met, the technology must still be usable by people with disabilities.

Without Vision: Where a visual mode of operation is provided, users who are blind must be able to use all features. This typically means providing screen reader compatibility, audio output, or tactile output.
With Limited Vision: Users with low vision must be able to perceive and use all features. This requires adequate color contrast, scalable text and interface elements, and support for screen magnification.
Without Perception of Color: Users who cannot distinguish colors (colorblind users) must be able to use all features without relying on color alone.
Without Hearing: Users who are deaf must have access to all audio information. This requires captions for all video content and transcripts for audio content.
With Limited Hearing: Users who are hard of hearing must be able to access audio. This requires volume controls with adequate amplification.
Without Speech: Users who cannot speak must have alternative input methods. This requires keyboard or touch-based alternatives to voice commands.
With Limited Manipulation: Users with limited dexterity must be able to operate controls. This requires large touch targets and adequate spacing between interactive elements.
With Limited Reach and Strength: Physical controls must be within reach and not require excessive force.

Procurement and Acquisition

The Federal Procurement Process

Section 508 requirements are integrated into the Federal Acquisition Regulation (FAR), making accessibility a mandatory consideration in all federal technology procurements. The procurement process typically follows these steps:

1. Needs Assessment: Agencies must identify accessibility needs early in the procurement process
2. Market Research: Agencies research available products and services
3. Solicitation: Request for Proposals (RFPs) or other solicitations must include specific Section 508 requirements
4. Evaluation: Proposals are evaluated for accessibility compliance
5. Award and Implementation: Contracts must include Section 508 compliance clauses

Exceptions and Undue Burden

Section 508 allows for limited exceptions when compliance would impose an "undue burden" on the agency. However, these exceptions are narrowly construed.

Testing and Validation

Section 508 compliance requires multi-layered testing that combines automated tools, manual evaluation, and assistive technology testing. No single method catches all accessibility issues.

Common Compliance Issues

Federal agencies and contractors frequently encounter recurring accessibility issues. Understanding these common problems helps prioritize testing and remediation efforts.

Web Content Issues

Missing Alternative Text: Images without alt attributes, alt text that doesn't adequately describe image content or function, complex images without long descriptions
Keyboard Accessibility: Interactive elements not keyboard accessible, focus indicators removed or insufficient, illogical tab order
Color and Contrast: Text with insufficient contrast against backgrounds, color used as the only means of conveying information
Forms: Form fields without associated labels, error messages not programmatically associated with fields
Structure and Semantics: Missing or improper heading structure, tables without proper headers or markup

Document Issues

PDFs: Untagged PDFs, incorrect reading order, missing alternative text
Word Documents: Improper use of styles, images without alt text, inaccessible tables
PowerPoint: Missing reading order, images without alt text, insufficient contrast
Excel: Unlabeled data tables, charts without alternative text, complex layouts

Best Practices for Compliance

Organizational Best Practices

Leadership and Governance: Designate a Section 508 Program Manager with authority and resources
Policy and Procedures: Develop comprehensive agency Section 508 policies
Training and Awareness: Provide role-based accessibility training

Lifecycle Integration

Planning and Requirements: Include accessibility in initial requirements gathering
Design and Development: Use accessible frameworks and component libraries
Testing and Quality Assurance: Include accessibility in definition of done
Deployment and Maintenance: Conduct final accessibility audit before launch

Resources and Tools

Official Resources

U.S. Access Board: www.access-board.gov - Official Section 508 standards
Section508.gov: www.section508.gov - GSA's comprehensive Section 508 resource
DHS Trusted Tester: www.dhs.gov/trusted-tester - Free training and certification
W3C WCAG: www.w3.org/WAI/WCAG21/quickref/ - WCAG quick reference

Testing Tools

axe DevTools: Browser extension for accessibility testing
WAVE: WebAIM's web accessibility evaluation tool
Color Contrast Analyzer: Paciello Group's contrast checking tool
ANDI: DHS's free accessibility testing tool
Pa11y: Automated testing for continuous integration

Assistive Technologies

JAWS: Freedom Scientific's screen reader
NVDA: Free screen reader from NV Access
VoiceOver: Built-in macOS/iOS screen reader
TalkBack: Built-in Android screen reader
ZoomText: Screen magnification software
Dragon: Speech recognition software

EU Laws & Directives

German Laws

Best Practices

International Standards

Section 508 Compliance Guide