OCR Section 508 Enforcement

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OCR Section 508 Enforcement

• Complaint Processing Under Section 508

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PresenterMs. Jean MahoneyOffice of Civil
Rights

• Office for Civil RightsU.S. Department of
  Agriculture

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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.

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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

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What Is Section 508? 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)

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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.

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Undue Burden - 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

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Undue Burden - 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.

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Consequences of 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).

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Not Complying with Section 508 continued

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

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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)

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Continued

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

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Continued

• 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

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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

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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.

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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

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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

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Section 508 Enforcement

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

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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

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