Section 508 of the Rehabilitation Act Amendment of 1998, requires that all electronic and information technology developed, procured, maintained, or used by the federal government be accessible to people with disabilities.

Section 508 of the Rehabilitation Act Amendment of 1998 is a federal law that requires all electronic and information technology developed, procured, maintained, or used by the federal government to be accessible to people with disabilities. This includes websites, software, hardware, and other digital content.

The factual background of this law is rooted in the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination against individuals with disabilities in all areas of public life, including employment, education, transportation, and access to public services. However, as technology advanced, it became clear that individuals with disabilities were being left behind in the digital realm. This led to the passage of Section 508 as an amendment to the Rehabilitation Act, which specifically addresses accessibility in technology.

The relevant laws for Section 508 include the Rehabilitation Act of 1973, as amended, which provides protections and services for individuals with disabilities; the ADA, which prohibits discrimination against individuals with disabilities in all areas of public life; and the Electronic and Information Technology Accessibility Standards, which provide technical requirements for making technology accessible.

The application of these laws to the facts means that federal agencies must ensure that all electronic and information technology they develop, procure, maintain, or use is accessible to individuals with disabilities. This includes providing alternative formats for content, such as audio descriptions or captions for videos; ensuring that websites are navigable using assistive technologies like screen readers; and designing hardware and software to be usable by individuals with a range of disabilities.

There have been several case laws and judgments related to Section 508. In National Federation of the Blind v. United States (2012), the court found that the Social Security Administration had violated Section 508 by failing to make its website accessible to individuals with disabilities. In another case, Access Now v. Southwest Airlines (2011), the court found that Southwest Airlines had violated the ADA by failing to make its website accessible to individuals with disabilities.

The key legal issue in Section 508 cases is whether the federal agency or entity has taken appropriate steps to ensure accessibility. This can include providing training to staff, conducting accessibility testing, and implementing accessibility features in technology.

The likely outcome of a Section 508 case will depend on the specific facts of the case and whether the federal agency or entity has taken appropriate steps to ensure accessibility. If a violation is found, the agency may be required to make changes to its technology or pay damages to individuals with disabilities who were affected by the lack of accessibility.

There are alternatives to the main legal interpretation of Section 508, such as arguments that the law is too broad or that it places an undue burden on federal agencies. However, these arguments have not been successful in court.

The risks and uncertainties associated with Section 508 include the potential for litigation if a federal agency is found to be in violation of the law. There is also the risk of reputational damage if an agency is seen as not being committed to accessibility.

The advice to clients is to ensure that all electronic and information technology they develop, procure, maintain, or use is accessible to individuals with disabilities. This includes following the technical requirements outlined in the Electronic and Information Technology Accessibility Standards and providing training and support to staff.

There may be potential ethical issues related to Section 508, such as conflicts of interest if a federal agency is both responsible for enforcing the law and also in violation of it. However, these issues are not common.

The possible implications or consequences of Section 508 for clients include financial costs associated with making technology accessible, as well as reputational benefits for being seen as committed to accessibility. There may also be strategic considerations, such as the potential for increased engagement from individuals with disabilities if technology is accessible to them.