Overview
The American Disabilities Act of 1990:This landmark legislation created new and comprehensive civil rights protections for individuals with disabilities in the private sector.
Telecommunications Act of 1996:Section 255 of the Telecommunications Act requires all telecommunication equipment, CPE (customer premise equipment) and software to be directly accessible to individuals with disabilities where "readily achievable".
Section 508:Section 508 of the Rehabilitation Act Amendments of 1998 is the most extensive new law with the most immediate effect. It requires all US federal agencies to make their information technology accessible to their employees and customers with disabilities.
State Regulations:Through the pressure of federal grants and the same public pressure applied to the federal government, state governments are following suit in legislating IT accessibility.
The American Disabilities Act of 1990: This landmark legislation created new and comprehensive civil right protections for individuals with disabilities in the private sector. It prohibits discrimination on the basis of disability in private employment (Title I), all state and local government agencies (Title II), places of public accommodation such as museums, restaurants, and theaters (Title III) and mandates accessibility to communication services for people who are deaf, hard of hearing, or speech impaired (Title IV). All businesses of 15 or more employees are required to make reasonable accommodations, so their facilities and information technologies are accessible to employees who have disabilities. IBM, as an employer, must make its IT products accessible to its employees. Although the ADA does not identify specific requirements to make electronic information technology accessible, it relies on existing government guidelines to determine what "reasonable accommodation" for IT implies. Recently, however, a lawsuit was filed to consider the Internet as a public facility and therefore subject to ADA accessibility requirements.
Telecommunications Act of 1996: Section 255 of the Telecommunications Act requires all telecommunication equipment, CPE (customer premise equipment) and software to be directly accessible to individuals with disabilities where "readily achievable". Where not readily achievable, equipment and software must be compatible with existing accessibility aids. Section 255 guidelines identify detailed requirements for accessibility. Compatibility requirements focus on the need for standard connectors and TTY compatibility. The new rules define "accessibility" as access to the product and to information about the product which is functionally equivalent to what is provided to individuals without disabilities. Input and output must be usable without time constraints by persons who are without vision or have limited vision or color perception; who are deaf or have limited hearing; who have limited dexterity, strength or reach; who are without speech; and who have limited cognitive skills. The requirements of Section 255 became effective in 1999.
Section 508: Section 508 of the Rehabilitation Act Amendments of 1998 is the most extensive new law with the most immediate effect. It requires all US federal agencies to make their information technology accessible to their employees and customers with disabilities. Starting in June 2001, all new IT equipment and services purchased by federal agencies must be accessible. This rule applies to all electronic equipment used in federal agencies (not just workstations). Customers must be able to access information available to the public. The law also gives federal employees and members of the public the right to sue if the government agency does not provide comparable access to the information and data available to people without disabilities. Section 508 also applies to Web sites that are produced for government agencies. All state agencies that receive federal funds under the Assistive Technology Act of 1998 are also required to comply with S. 508 requirements.
State regulations: Through the pressure of federal grants and the same public pressure applied to the federal government, state governments are following suit in legislating IT accessibility. Arkansas, California, Maryland, New York, Texas and Virginia have already done this. Bids to agencies in these states are being asked to include statements regarding accessibility just to qualify for consideration. It is probable that every state will develop its own accessibility requirements, similar to those of section 508; and the federal government is likely to apply the same requirement to universities, public schools, and other recipients of federal assistance.