Thread Subject: Information and Data (Content) - and EmailJustification FAQs - discussion starter

From: Katie Haritos-Shea
Date: Thu, Nov 16 2006 8:20 PM

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As an Action Item for me from today's Subpart A teleconference, I promised
to send information that I had developed as possible new FAQs for the
Section 508 web site justifying email and content while working for a
government client in 2005.

I have provided a straw man statement for others to build off of (and shoot
at) and, following that I have provided the full text of some FAQs that
address the current Section 508 standards and email. I apologize for the
redundancy in the FAQs but they were crafted to fit into the existing FAQ
format on the Section 508.gov web site, and are useful with the full
response because some folks would only be drawn to (or following a link to)
a particular question without reading the other FAQs.




Information and Data:

Many of us in the Section 508 arena have been confounded that the Law and
the Standards had this disconnect about information and data. Access is
required, but content (information and data) is not E&IT, "and therefore,
not covered".

We found ways around this dilemma by trying to require that the output of
E&IT systems and products must produce accessible content. But, squirming
our way through (to accessibility) is not the avenue of choice. We have used
the layered Section 508, 501, and 504 approach. While this has had varying
levels of success, in many agencies Section 508 and Section 501-504
requirements are handled by different departments and offices, which has
complicated (rather than promoted) compliance and implementation.

The TEITAC must address this issue of content (information and data). What
good is developing an accessible government-wide E&IT infrastructure, if the
information that travels through it is not (and not required to be)
accessible?

The Section 508 Law, the Access Board Standards, and the FAR all clearly and
consistently require that . . . .

" . . . when Federal departments or agencies develop, procure, maintain, or
use Electronic and Information Technology (EIT), they must ensure that the
EIT allows Federal employees (and members of the public) with disabilities
to have access to and use of information and data that is comparable . . ."

This is one of the greatest thorns and lessons-learned from 508 1.0. Let's
do something about this problem.

It is not necessary to change the definition of E&IT (though that is being
explored). The standards can state that information and data are the heart
and soul of an E&IT infrastructure. Section 508 2.0 can state that when
"Federal departments or agencies develop, procure, maintain, or use CONTENT
they must ensure that it allows Federal employees (and members of the
public) with disabilities to have access to it in a fashion that is
comparable . . .".

In perhaps a new Content section, the standards can require that information
and data be accessible (or have an accessible alternative provided).





FAQs

NOTE: Please remember that these are NOT actual Section 508.gov FAQs, but
ones that were to be considered in 2005.


Full FAQ questions with answers with a NOTE:


NOTE: These questions below on email and attachments have been presented as
either "covered by 508?" or "do Access Board standards apply?", but they can
easily be addressed in some other manner. I have used these two as they are
consistent with previous questions. However, that does not necessarily mean
that this is the desired format. Do we have other ideas? Rather than being
examples of polished questions and answers ready for prime time, we offer
the following FAQs to generate a fruitful discussion and exchange of ideas.



H.14. EMAIL Messages, ATTACHMENTS and other Electronic Communication


i. Is agency email content, along with associated attachments and documents,
covered by Section 508?

Yes and No. Email is information, and provides a method of the transporting
and retrieving of that data content. As stated above in A.3.i (Covered
actions) The requirements of section 508, that can be enforced, apply to an
agency's procurement of EIT. However, as we read the regulations that
implement this law we find that they all require that agencies MUST ensure
that persons with disabilities have access to and use of information and
data.

The Section 508 Law, the Access Board Standards, and the FAR [under
Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42 U.S.C.
2473(c).39.201 Scope of subpart c 1 and 2] all clearly and consistently
require that . . . .

" . . . when Federal departments or agencies develop, procure, maintain, or
use Electronic and Information Technology (EIT), they must ensure that the
EIT allows Federal employees (and members of the public) with disabilities
to have access to and use of information and data that is comparable . . ."

Regardless of whether or not email accessibility can be legally enforced
(under Section 508) does not lesson the requirements stated in this law,
that people with disabilities must be ensured comparable 'access to' and
'use of' information and data as persons without disabilities.

Individuals with disabilities may only attempt to enforce Section 508 with
respect to procurements. However, they may also enforce their rights under
sections 501 and 504 of the Rehabilitation Act, which impose related
accessibility obligations on agencies. Competing vendors may also seek
redress under various legal avenues.

Failure of an agency to provide accessible email (including attachments) can
adversely effect employees' productivity and infringe on their civil rights.
Agencies should have a process in place to monitor email distribution meant
for employees. This process should include at least;
. Required purchasing of software that generates accessible content
. requiring a comparable text equivalent to all email attachments,
. and educating content mangers and generators on how to avoid
creating inaccessible documents.


ii. If an agency sends out email to employees that uses slides from
presentation software, such as Microsoft PowerPoint or Corel Presentations,
which contains the content meant for distribution, do the Access Board
standards apply?

Yes and No. Certainly, yes, if there are any multimedia components embedded
within the slides. It is less clear if the information is static.

However, The Section 508 Law, the Access Board Standards, and the FAR all
clearly and consistently require that . . . .

" . . . when Federal departments or agencies develop, procure, maintain, or
use Electronic and Information Technology (EIT), they must ensure that the
EIT allows Federal employees (and members of the public) with disabilities
to have access to and use of information and data that is comparable . . ."

Regardless of whether or not presentation slides incorporated into email
messages can be legally enforced (under Section 508) does not lesson the
requirements stated in this law, that people with disabilities must be
ensured comparable 'access to' and 'use of' information and data as persons
without disabilities.

Failure of an agency to provide accessible email (including attachments) can
adversely effect employees' productivity and infringe on their civil rights.


To ensure comparable 'access to' and 'use of' information and data contained
in the presentation slides associated with an email it is best to include a
full text equivalent of the content of that slide along with the email
(until presentation software programs used by the agency consistently create
accessible content).

Though individuals with disabilities may only attempt to enforce Section 508
with respect to procurements, they can enforce their civil rights under
sections 501 and 504 of the Rehabilitation Act, which impose related
accessibility obligations on agencies.



iii. If a department sends out email to employees that has a word processing
document attached (Word, WordPerfect, StarOffice), which has graphics in the
document that contain the content meant for distribution (a graphics of text
that says "The office holiday party will be on Tuesday December 3rd, in Room
1610, at 12:00 noon"), do the Access Board standards apply?

Yes and No. If this same document was posted on a web page, yes it would.
However, as an attachment to an email this is less clear.

The Section 508 Law, the Access Board Standards, and the FAR all clearly and
consistently require that . . . .

" . . . when Federal departments or agencies develop, procure, maintain, or
use Electronic and Information Technology (EIT), they must ensure that the
EIT allows Federal employees (and members of the public) with disabilities
to have access to and use of attached information and data that is
comparable . . ."

Regardless of whether or not word processing documents (containing embedded
graphics with content meant for distribution) attached to email messages
sent out by an agency can be legally enforced does not lesson the
requirements stated in the Section 508 law. Agencies must ensure that people
with disabilities have comparable 'access to' and 'use of' information and
data as persons without disabilities.

Failure of an agency to provide accessible email (including attachments) can
adversely effect employees' productivity and infringe on their civil rights.
Agencies should have a process in place to monitor email distribution meant
for employees. This process should include at least;
. Required purchasing of software that generates accessible content
. requiring a comparable text equivalent to all email attachments,
. and educating content mangers and generators on how to avoid
creating inaccessible documents

Though individuals with disabilities may only attempt to enforce Section 508
with respect to procurements, they can enforce their civil rights under
sections 501 and 504 of the Rehabilitation Act, which impose related
accessibility obligations on agencies.

iv. Are all electronic documents (word processing, spreadsheet workbooks,
presentation slides, PDF files, HTML pages, project planning files, work
flow) sent out for dissemination to employees, covered by Section 508?

Yes and No. If these same document are posted on a web page, yes it would.
However, as an attachment to an email this is less clear.

The Section 508 Law, the Access Board Standards, and the FAR all clearly and
consistently require that . . . .

" . . . when Federal departments or agencies develop, procure, maintain, or
use Electronic and Information Technology (EIT), they must ensure that the
EIT allows Federal employees (and members of the public) with disabilities
to have access to and use of attached information and data that is
comparable . . ."

Regardless of whether or not documents incorporated into email messages can
be legally enforced (under Section 508) does not lesson the requirements
stated in this law, that people with disabilities must be ensured comparable
'access to' and 'use of' information and data as persons without
disabilities. Agencies must ensure that people with disabilities have
comparable 'access to' and 'use of' information and data as persons without
disabilities.

Failure of an agency to provide accessible email (including attachments) can
adversely effect employees' productivity and infringe on their civil rights.
Agencies should have a process in place to monitor email distribution meant
for employees. This process should include at least;
. Required purchasing of software that generates accessible content
. requiring a comparable text equivalent to all email attachments
(where possible),
. and educating content mangers and generators on how to avoid
creating inaccessible documents

Though individuals with disabilities may only attempt to enforce Section 508
with respect to procurements, they can enforce their civil rights under
sections 501 and 504 of the Rehabilitation Act, which impose related
accessibility obligations on agencies.





* katie *

Katie Haritos-Shea
Section 508 Technical Policy Analyst

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