Thread Subject: Re: Standing

Note

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From: Karen Peltz Strauss
Date: Wed, Jun 06 2007 5:30 AM

That is correct - unlike Section 501, Section 508 extends to all individuals
of the public, which means that at any time someone can have standing if
that person with a disability tries to access a federal agency's information
or telecommunications, and is unable to do so.

Like some others, I am confused as to why standing came up, I can't find the
beginning of the thread.

Karen

----- Original Message -----
From: "Mark D. Urban" < = EMAIL ADDRESS REMOVED = >
To: "'TEITAC Subpart A Subcommittee'" < = EMAIL ADDRESS REMOVED = >
Sent: Wednesday, June 06, 2007 5:28 AM
Subject: Re: [teitac-subparta] Standing


True,

But a person with a disability may become employed, or a person without a
disability may acquire one. For that reason, Section 508 applies to ALL EIT
used by Federal employees and members of the public seeking services or
information, since one might acquire standing at any time.

Regards,
-Mark D. Urban
919-395-8513 (cell)
Chair, North Carolina Governor's Advocacy Council for Persons with
Disabilities
Keep up with the latest in worldwide accessibility at
(http://www.icdri.org/)

-----Original Message-----
From: = EMAIL ADDRESS REMOVED =
[mailto: = EMAIL ADDRESS REMOVED = ] On Behalf Of Tom Brett
Sent: Tuesday, June 05, 2007 5:23 PM
To: 'TEITAC Subpart A Subcommittee'
Subject: Re: [teitac-subparta] Standing

If a person does not have a disability there is no standing for filing a
complaint, especially since the complaint must be filed using the Section
504 complaint procedure. To use the Section 504 complaint process the
individual must have a recognized disability. Using the Section 504
complaint process the agency could make a reasonable accommodation, like
assigning the individual to other duties.

If I do not have a disability there is no standing for me to say that the
system does not conform.

Tom Brett


-----Original Message-----
From: = EMAIL ADDRESS REMOVED =
[mailto: = EMAIL ADDRESS REMOVED = ] On Behalf Of Robinson,
Norman B - Washington, DC
Sent: Tuesday, June 05, 2007 4:08 PM
To: TEITAC Subpart A Subcommittee
Subject: Re: [teitac-subparta] Standing

Tom,

Do you specifically reference it has to be an "individual with a
disability may file a compliant" and thus if no one has a disability, they
can't begin enforcement?

FYI: The Section 508 of the Rehabilitation Act of 1973, as amended
29 U.S.C. § 794 (d) § 794d. Electronic and information technology, section
(f) Enforcement, part (1) General, (A) Complaints: Effective 6 months after
the date of publication by the Access Board of final standards described in
subsection (a) (2), any individual with a disability may file a complaint
alleging that a Federal department or agency fails to comply with subsection
(a) [linked via url: http://www.access-board.gov/sec508/guide/act.htm]?

Regards,


Norman B. Robinson
Section 508 Coordinator
IT Governance, US Postal Service
phone: 202.268.8246




-----Original Message-----
From: = EMAIL ADDRESS REMOVED =
[mailto: = EMAIL ADDRESS REMOVED = ] On Behalf Of Tom Brett
Sent: Tuesday, June 05, 2007 3:48 PM
To: 'TEITAC Subpart A Subcommittee'
Subject: Re: [teitac-subparta] Standing


If there are no people with disabilities and the site or application is
non-conformant, no own has standing to complain.

Tom Brett


-----Original Message-----
From: = EMAIL ADDRESS REMOVED =
[mailto: = EMAIL ADDRESS REMOVED = ] On Behalf Of Bailey Bruce
Sent: Tuesday, June 05, 2007 2:43 PM
To: TEITAC Subpart A Subcommittee
Cc: Baquis David; Creagan Tim; Capozzi David
Subject: [teitac-subparta] Standing

Yes, agencies are required to conform to the section 508 standards even
if they do not currently have people with any disability employed.


-----Original Message-----
From: Gregg Vanderheiden [mailto: = EMAIL ADDRESS REMOVED = ]
Sent: Tuesday, June 05, 2007 1:53 PM
To: 'TEITAC Subpart A Subcommittee'; Creagan Tim; Capozzi David; Bailey
Bruce
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.

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