Accessibility is mainly attached to ADA compliance whenever it is talked about. But apart from the ADA (Americans with Disabilities Act), other federal regulations such as Section 508 need to be followed as well.
But what is the difference between Section 508 and ADA? Keep reading the blog to find out.
What is Section 508?
As part of the Rehabilitation Act of 1973, Section 508 was introduced in 1998. It addressed the need for accessibility in the rapidly evolving needs of a digital-enabled world. While serveral digital accessibility laws are already in existence, Section 508 was particularly introduced for federal agencies to make EIT (electronic and information technology) accessible for people with disabilities.
According to Section 508, federal agencies must make room for digital accessibility by following proper digital accessibility standards and protocols. So whether it is an employee working at the federal agency or a public member accessing information from their online website, people with disabilities should have access to the same information that people with non-disabilities have.
What is ADA?
While Section 508 pertains to accessibility online, the ADA (Americans with Disabilities Act) was designed to eliminate bias towards people with disabilities in all aspects of daily routine. This civil rights law prohibits businesses and organizations from discriminating against people with disabilities, calling for equal opportunities across different areas like:
- Education
- Employment
- Public accommodations
- Transportation
- Parking
- Voting
- Telecommunication
- Government services
Section 508 and ADA – Whom Does it Affect?
While both, ADA and Section 508, focus on making accessibility a priority, these laws affect different audiences and sectors. The common goal is to ultimately create an accessible place where everyone can access the digital and real world without any hurdles. Below is a breakdown of sectors and audiences that are affected by Section 508 and ADA:
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Section 508
Whom Does Section 508 Affect?
- Federal Agencies: Any US federal agency that manufactures, procures, develops, or maintains EIT (electronic and information technology) should make it accessible to the public and their own employees, regardless of their disabilities.
- Vendors and Contractors: Organizations or businesses that give out services or technology to US federal agencies should also comply with Section 508.
What the Section 508 Covers?
- Mobile applications
- Websites
- Electronic documents
- Software
- Hardware
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ADA Compliance
Who Does the ADA Compliance Affect?
- Businesses: Businesses that are open to the public, for example, stores, hotels, and restaurants have to make their facilities accessible to individuals with disabilities.
- State and Local Government: Government bodies, whether local or state, should mandatorily make their services, programs, and other activities accessible to everyone, regardless of their abilities.
- Non-Profits and Educational Institutions: Schools, universities, and colleges, as well as non-profit organizations, should comply with accessibility standards and make their campuses and premises accessible to everyone with disabilities.
What ADA Compliance Covers?
- Employment practices
- Physical public spaces
- Digital content and websites
Section 508 vs ADA: What’s the Difference?
While on the surface level, both ADA and Section 508 may seem similar. But diving deeper, you will realize that they have certain points that make them different from one another. These points include:
| Features | Section 508 | ADA |
|---|---|---|
| Applicability | Applicable to American federal contractors and agencies | Applicable to US-specific bodies. There are five titles in ADA, each applicable to different organizations:
|
| Goal | Accessibility of Federal ICT for individuals with disabilities | Making public spaces and the overall public life of people with disabilities easier |
| Framework | American federal law | American federal law |
| Scope | Federal ICT | General that includes both digital and physical |
| Developer | U.S. Access Board | The U.S. Congress |
| Enforcement | U.S. Access Board | U.S. Department of Justice |
What Happens if Your Website is Not Compliant with Accessibility Laws?
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Section 508
If federal agencies do not comply with the laws of Section 508 it could lead to legal and reputational damage, drawing lawsuits and formal complaints against them.
If there are any lawsuits filed against federal agencies for violation of accessibility law, the federal body is bound to provide injunctive relief which includes monetary damages and remedies to the winning party. They even have to cover their attorney fees.
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ADA Compliance
If you break the ADA laws, you can be charged with fines, ranging from $55,000 to $75,000 for a first-time offense, while repeat violations can cost as much as $150,000.
How to Ensure Your Organization’s Compliance with Accessibility Laws?
Here’s how you can ensure your organization is compliant with accessibility laws such as ADA and Section 508:
- Review: Begin by reviewing the WCAG guidelines thoroughly.
- Audit: After going through the WCAG guidelines, audit your existing digital ecosystem. This includes your software, website, and electronic tools.
- Submit VPAT: If you are an organization working with the federal government, compliance with Section 508 means submitting a Voluntary Product Accessibility Template (VPAT). This document, based on WCAG standards, demonstrates your commitment to accessibility and compliance.
Even if your business does not work with the government, you can still create a VPAT. Many nonprofits, private companies, and NGOs use VPATs to confirm they’re prioritizing accessibility when choosing vendors to show their care towards inclusivity.
How Can Continual Engine Help?
Continual Engine offers comprehensive solutions for achieving ADA compliance, ensuring your digital content is professionally reviewed and fully accessible. With our platform, you can meet legal requirements with ease, all while improving the inclusivity and overall user experience of your content.
Reach out to one of our accessibility experts today to work on a long-term strategy for content compliance with ADA and Section 508!
