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

Note

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From: Gregg Vanderheiden
Date: Tue, Jun 05 2007 12:00 PM

I would ask the Access Board to weigh in here.

I do not think that is correct. I believe that agencies are supposed to
follow 508 even if they do not currently have people with a particular
disability employed.


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 12:17 PM
> To: 'TEITAC Subpart A Subcommittee'
> Subject: Re: [teitac-subparta] teitac-subparta Digest, Vol 9, Issue 16
>
> The point that I was trying to make is that the standards do
> not apply to agency implementations unless there is a person
> with standing. An agency my implement a non-compliant system
> because there legally they are not required to do so. The
> only time they will be required to do so is if someone with a
> disability would be affected by the implementation.
>
> A small agency that develops software need not provide text
> labels for their input fields if there are no blind
> individuals employed by that agency.
>
>
> Tom Brett
>
>
> -----Original Message-----
> From: = EMAIL ADDRESS REMOVED =
> [mailto: = EMAIL ADDRESS REMOVED = ] On Behalf Of
> Gregg Vanderheiden
> Sent: Tuesday, June 05, 2007 1:01 PM
> To: 'TEITAC Subpart A Subcommittee'
> Subject: Re: [teitac-subparta] teitac-subparta Digest, Vol 9, Issue 16
>
> 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
> > >
> > >

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