Thread Subject: Re: teitac-subparta Digest, Vol 9, Issue 16

Note

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From: Gregg Vanderheiden
Date: Tue, Jun 05 2007 11:05 AM

Yes- that is correct. The person would have to have standing. My note below
did not relate to any person but to people what are employees who are suing
their agency under 508. It was in response to the posting that
conformance to 508 would be achieved through challenges under 504. It was
only meant to point out that it could be challenged under 508. All other
conditions for suing under 508 would of course have to be true.

Gregg
-- ------------------------------
Gregg C Vanderheiden Ph.D.



> -----Original Message-----
> From: = EMAIL ADDRESS REMOVED =
> [mailto: = EMAIL ADDRESS REMOVED = ] On Behalf Of
> Tom Brett
> Sent: Tuesday, June 05, 2007 11:42 AM
> To: 'TEITAC Subpart A Subcommittee'
> Subject: Re: [teitac-subparta] teitac-subparta Digest, Vol 9, Issue 16
>
> Ask this question of the lawyers....
>
> To sue in court requires that you have standing. Just being
> a person who think that the agency is implementing 508 in
> accordance with the standing does not give you standing.
>
> Tom Brett
>
>
> -----Original Message-----
> From: = EMAIL ADDRESS REMOVED =
> [mailto: = EMAIL ADDRESS REMOVED = ] On Behalf Of
> Gregg Vanderheiden
> Sent: Tuesday, June 05, 2007 12:35 PM
> To: 'TEITAC Subpart A Subcommittee'
> Subject: Re: [teitac-subparta] teitac-subparta Digest, Vol 9, Issue 16
>
> Actually, (and I checked with the lawyers to confirm) 508 has
> the right of private action. So any employee can sue their
> agency in court for not complying with 508.
>
>
> Gregg
> -- ------------------------------
> Gregg C Vanderheiden Ph.D.
>
>
>
> > -----Original Message-----
> > From: = EMAIL ADDRESS REMOVED =
> > [mailto: = EMAIL ADDRESS REMOVED = ] On Behalf Of Tom
> > Brett
> > Sent: Monday, June 04, 2007 3:58 PM
> > To: 'TEITAC Subpart A Subcommittee'
> > Subject: Re: [teitac-subparta] teitac-subparta Digest, Vol
> 9, Issue 16
> >
> > Yes and no...
> >
> > An agency is required by the FAR to comply with 508. There
> are legal
> > penalties if the agency does not. An agency should follow 508 when
> > they deploy or be subject to political embarrassment. An
> agency can
> > implement in a non compliant manner. They must only have such an
> > implementation when they are challenged under 504.
> >
> > Tom Brett
> >
> >
> > -----Original Message-----
> > From: = EMAIL ADDRESS REMOVED =
> > [mailto: = EMAIL ADDRESS REMOVED = ] On Behalf Of Gregg
> > Vanderheiden
> > Sent: Monday, June 04, 2007 4:25 PM
> > To: 'TEITAC Subpart A Subcommittee'
> > Subject: Re: [teitac-subparta] teitac-subparta Digest, Vol
> 9, Issue 16
> >
> > Agree.
> >
> > The 508 standards apply to what the agencies do - not just
> what they
> > procure.
> >
> >
> > Gregg
> > -- ------------------------------
> > Gregg C Vanderheiden Ph.D.
> >
> >
> >
> > > -----Original Message-----
> > > From: = EMAIL ADDRESS REMOVED =
> > > [mailto: = EMAIL ADDRESS REMOVED = ] On Behalf
> > Of Baker,
> > > Robert C.
> > > Sent: Monday, June 04, 2007 2:01 PM
> > > To: = EMAIL ADDRESS REMOVED =
> > > Subject: Re: [teitac-subparta] teitac-subparta Digest, Vol
> > 9, Issue 16
> > >
> > > Diana wrote:
> > >
> > > > Proposed New Definition of Comparable Access Comparable
> > > access means
> > > > that individuals with disabilities have access to and use of
> > > > information and data that is timely, accurate, complete and
> > > efficient
> > > > when compared to that available to individuals without
> > disabilities.
> > > > Timely access ensures that individuals with disabilities have
> > > > information and data available to them at the same time as
> > > individuals
> > >
> > > > without disabilities. Accurate and complete access ensures
> > > that the
> > > > information and data reflects the intended meaning
> > especially when
> > > > converted into another form or media. Efficiency of access
> > > includes
> > > > consideration of the speed with which a person with a
> > > disability can
> > > > use electronic and information technology to access
> > information or
> > > > perform a task as compared to an individual without
> disabilities.
> > > >
> > > > Does changing this to a definition help address the
> > > concerns about how
> > >
> > > > this would be used or not used in solicitations?
> > > >
> > >
> > > Robert Baker's Response,
> > > The definition is getting better - but once again I would
> > re-iterate
> > > that I believe this spells out a responsibility to the
> agencies for
> > > implementing Section 508, as opposed to something that
> > should go into
> > > a solicitation. This has a lot to do with how technology is
> > > implemented - not just what technology is purchased.
> > >
> > >

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