# Presentation: 826440

## OCR Section 508 Enforcement

- Complaint Processing Under Section 508

## 		Presenter:

- Ms.  Jean Mahoney
- Office of Civil Rights
- Office for Civil  Rights
- U.S. Department of
- Agriculture

## CR Section 508 Enforcement

- Section 508 requires Federal departments and agencies that develop, procure, maintain, or use electronic and information technology to ensure that Federal employees and members of the public with disabilities have access to and use of information and data that is comparable to the access to and use of information and data provided to employees and members of the public without disabilities, **unless an undue burden would be imposed on the agency. **

## What Is Section 508?

- This law is intended to ensure comparable access to and use of electronic information and information systems by people with disabilities
-  Section 508 requirements are separate  from, but complementary to, requirements in Section 501 and 504 of the Rehabilitation Act

## continued

- The Architectural and Transportation Barriers Compliance Board (Access Board), an independent Federal agency, issued final accessibility standards for electronic and information technology (EIT) covered by Section 508 on December 21, 2000. (36 CFR Part 1194)

## Undue Burden

- Undue Burden means significant difficulty or expense to the program or component for which the product is being developed, procured, maintained, or used.  The interpretation of undue burden is consistent with case law, the Americans with Disabilities Act and Section 504** **of the Rehabilitation Act of 1973, as amended.
** **

## continued

- In determining whether acquiring EIT  would impose an undue burden, an agency [Department] must consider all resources available to its program or component for which the supply or service is being acquired

## continued

- Requests for waivers based on claims of undue burden must be approved by appropriate officials of the Agency [Department] to which the request was made.
- The data or information must still be provided through alternate means of access, upon request.

## Consequences - Not Complying with Section 508

- Individuals may file complaints alleging non-compliance with Section 508 requirements.
- Section 508 enforcement provisions only apply to procurements made after June 21, 2001.
- Federal employee and applicant complaints are processed under procedures used to resolve complaints filed under Section 501 of the Rehabilitation Act (Title 29 CFR 1614).

## Complaints filed against USDA by members of the public are processed under 7CFR 15e and in accordance with Departmental Manual 
 	(DM) 4330-002.

-  	(DM) 4330-002.

- continued

## Section 508 regulations focus on accessibility for the following groups:

- People with Visual Disabilities (blind, low vision, color blindness)
- People with Hearing Disabilities (deaf, hard-of-hearing)
- People with Mobility Impairments
- People with Dexterity Impairments (carpel tunnel syndrome)
** **

## continued

- Other Disabilities to consider include:
- People with Speech Disabilities
- People with Learning or Cognitive Disabilities
- People with Combinations of Disabilities(deaf-blind) and
- People with Other Disabilities (epilepsy, short stature)

## Section 508 Enforcement

-  **CR Program Division Authority**
- Accepts and investigates complaints other than employment discrimination complaints
- Provides technical assistance
- Evaluates the effectiveness of complaint processing and provides reports
- Initiates other actions necessary to facilitate and ensure compliance

## Section 508 Enforcement

-  **CR Employment Division Authority**
- _ Accepts and investigates complaints of employment discrimination
- _ Provides technical assistance
- _ Evaluates effectiveness of complaint processing
- _ Initiates other actions to facilitate and ensure compliance

## Section 508 Enforcement

-  **Complaint Enforcement Process**
- Complaints and lawsuits can only be filed against products procured after June 21, 2001
- Must allege inaccessibility of electronic and information technology that is developed, maintained, or used by a federal agency
- Does not authorize complaints or lawsuits to retrofit technology procured before this date.

## Section 508 Enforcement

-  **Enforcement Process - Complaints  filed by the public**
- CR Program Division accepts and investigates Section 508 complaints
- If allegations are other than procurement, complaint may be accepted and investigated under Section 504
- CR investigates under 7CFR 15e
- Departmental Manual (DM) 4330-2

## Section 508 Enforcement

-  **Enforcement Process - Federal   Employment Complaints**
-  Processed in accordance with 29CFR 1614
- _ 29CFR 1614 provides additional protections beyond Section 508 to applicants and employees when information and information technology is inaccessible
- _ Reasonable accommodation requirement provides additional opportunity to provide access to inaccessible information and information technology

## Section 508 Enforcement

-  Implications for Conferences and Meetings** **
-  Site Selection
-  Facility Setup
-  Conference Materials
-  Presentation Materials
-  Meeting Technology and Information

## Section 508 Enforcement

-  Further Resources** **
-  General Services Administration
- http://www.section508.gov
- http://www.itpolicy.gsa.gov/cita
-  The Access Board
- http://www.access-board.gov/news/508.htm

## continued

-  Further Resources** **
-  Department of Justice
- http://www.usdoj.gov/crt/508/508home/
-  Department of Labor/Office of Disability Employment
- http://www.disability.gov

**Notes:**
Finally, don’t forget that 508 is a means to a goal—not a goal in and of itself.  It is one of the many important means(in the 60’s it was architecture, in the 70’s it was 504 and EHA/IDEA, in the 80’s it was ADA, in the 90’s it was independent living, and in the new millennium, it is I&ET.  All are important and serve to support the goal.  The ultimate goal of dignity through equal opportunity.

s is not new.  In the 60’s, it was architecture, in the 70’s it was 504 and EHA, in the 80’s it was the ADA, in the 90’s it was independent living and attendant care.  Each in its day was important to the overall scheme of nondiscrimination on the basis of disability.  Often,it is easy to