ADA and 508: What is the difference?

The Americans with Disabilities Act (ADA) and 508 of the Rehabilitation Act are not the same.  This article provides a brief overview of ADA, 508, and the difference between the two.

What is ADA?

In a nutshell, the Americans with Disabilities Act of 1990 is a civil rights law. ADA prohibits, under certain circumstances, discrimination based on disability. It provides similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964, which made discrimination based on race, religion, sex, national origin, and other characteristics illegal.

What is 508?

In a nutshell, Section 508 standards are technical specifications and performance-based requirements that focus on the functional capabilities covered by technologies.  The Architectural and Transportation Barriers Compliance Board (“Access Board”) issued these standards on December 21, 2000.  The standards became effective on June 21, 2001, the date for federal agency compliance.

While many individuals think of 508 only in terms of Web sites and maybe web applications, the standards cover more. They are organized into six sections:

  • Software Applications and Operating Systems
  • Web-based Intranet and Internet Information and Applications
  • Telecommunications Products
  • Video and Multimedia Products
  • Self-Contained, Closed Products
  • Desktop and Portable Computers

If your state adopted 508 as its standard, you can replace “Federal” with “State” as you read the following information.

What does the law require?

Section 508 requires all Federal agencies to make electronic and information technology developed, procured, maintained, or used by the agencies accessible to Federal employees and members of the public with disabilities, unless to do so would impose an undue burden. Section 508 covers all types of electronic and information technology in the Federal sector. Section 508 does allow for some exceptions, such as for national security systems.

To whom do the law's requirements apply?

Section 508 applies to all Federal departments and agencies. While Section 508 does not apply directly to the private sector, nor does it impose requirements on recipients of Federal financial assistance, federal departments and agencies must ensure 508 standards when procuring products from the private sector.

Who is covered under the law?

Section 508 covers

  • Individuals with disabilities who are Federal employees or applicants for Federal employment.
  • Members of the public seeking information or services from any Federal department or agency.

What does Section 508 mandate?

The standards that will be the most relevant to institutions providing distance, Web-enhanced, or blended online courses are those that deal with Web-based intranet and internet information and applications. These standards cover areas such as text tags, color, scripts, electronic forms, multimedia presentations, frames, etc. For more information, please see http://www.access-board.gov/sec508/guide/1194.22.htm

What is the difference between ADA and 508?

The Americans with Disabilities Act, along with laws like 504 of the Rehabilitation Act, were written to ensure that people with disabilities living in America would not be discriminated against because of their disability.

For example, a person with a mobility disability often could’t even get in the door of a building because a buildings only means of entry was stairs.  ADA established the legal right for a person with a disability to get in the door. The Architectural and Transportation Barriers Compliance Board (“Access Board”) provided a code to let builders know what guidelines to use in ensuring this access.

Initially, technology opened the doors to many persons with disabilities to participate more fully in their communities and in the work force.  Technology rapidly changed and allowed for more rapid deployed.  Organizations purchasing technological products wanted rapid deployment.  The organizations purchasing or developing technology thought in terms of the general public.  In a sense, the end results were buildings without stairs.

People who could’t get in the door were complaining of the lack of access.  ADA and laws like 504 protects against discrimination based on disability.  Therefore, Section 508 was developed to provide standards for federal agencies.

While only federal agencies must comply with 508, under ADA or 504, many other entities must ensure that persons with disabilities are able to use technology available to the general public or employees and applicants of employment.  So in sum, ADA provides the rights of a person with disabilities, 508 provides the building code for equal access.