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

Note

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From: Katie Haritos-Shea
Date: Tue, Jun 05 2007 12:05 PM

From 508 FAQs off of Section 508.gov

These is a question that was vetted through DOJ attorneys. It is an example that the standards apply (for E&IT developed, purchased, used, and maintained) even in cases where it is not enforceable.

Does Section 508 apply to a federal Intranet site intended to be used by a small group of people who do not have disabilities?


Yes, Section 508 applies in this situation because it is not audience-specific. The standards apply to federal E&IT products (electronic and information technology) that are developed, purchased, used, and maintained, although the enforcement provisions of the law apply only to procured E&IT. If the Intranet is developed inâhouse by agency personnel, it is not enforceable under Section 508 but the standards apply. This situation is called âcoveredâ but not âenforceable.â

A frequent misconception is that if a product is not enforceable then, by definition, it is not covered. If the Intranet is developed by a consultant hired by the agency (and it becomes a product owned by the federal government), the Section 508 standards apply AND it is enforceable via the Section 508 complaint procedure. The only way an Intranet could be ânon-conformantâ with the Section 508 standards but still âcompliantâ with the Section 508 law, would be if an exception from Subpart A of Section 508 was claimed. In that case, an attempt should be made to design the product to conform to as many applicable provisions as possible.


-----Original Message-----
>From: Gregg Vanderheiden < = EMAIL ADDRESS REMOVED = >
>Sent: Jun 5, 2007 1:53 PM
>To: 'TEITAC Subpart A Subcommittee' < = EMAIL ADDRESS REMOVED = >, 'Creagan Tim' < = EMAIL ADDRESS REMOVED = >, "'David Capozzi (E-mail)'" < = EMAIL ADDRESS REMOVED = >, 'Bailey Bruce' < = EMAIL ADDRESS REMOVED = >
>Subject: Re: [teitac-subparta] teitac-subparta Digest, Vol 9, Issue 16
>
>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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>teitac-subparta mailing list
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>http://list.teitac.org/mailman/listinfo/teitac-subparta


* katie *

Katie Haritos-Shea
Section 508 Technical Policy Analyst

703-371-5545

People may forget exactly what it was that you said or did,
but people will never forget how you made them feel.......
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