IT Accessibility Law and Policy

Reach Your Goals by Following a Simpler

Path To IT Accessibility!

IT Accessibility Can Seem Like a Maze of Complex Requirements

You Need a Clearer Path

Without a Guide It’s Easy to Feel Lost

… Or You Can Have a Simpler Perspective

Follow an Easy Approach to IT Accessibility Laws

Our Plan:

• Focus on an Accessible IT Infrastructure

• Avoid Common Traps (aka “Don’t Let the Exception Swallow the Rule”)

• Learn How Simple the Exceptions Really Are

Your Goal is an IT Infrastructure Built

Around Accessibility

Section 508 Focuses on an Accessible IT

Infrastructure

4 Verbs to Section 508

Develop

Procure

Maintain

Use

Section 508 is Enforceable Only for New IT

Procure

Section 508 Does NOT Address Reasonable Accommodations

ADA Title II/Section 504 Focus on an Accessible IT

Infrastructure

ADA Title II / Section 504 Focus on “Program Access”

First Step for Program Access is for IT to be Accessible

Other Program Access Requirements Build on Infrastructure Accessibility

State Laws Focus on an Accessible IT

Infrastructure

Avoid Common Traps

(aka “Don’t Let the Exception Swallow the Rule”)

Don’t Vary From the Standards

When Buying and Developing

IT

Section 508 Holds You to the Standards

Meeting the Standards Get You 90% of the Way for Other Laws

Don’t Get Confused with

Accommodating Individuals

Section 508 Doesn’t Address Reasonable Accommodations

Reasonable Accommodations Build On Section 508

508 Doesn’t Drive the

Procurement

Your Business Needs Come First

Section 508 is Considered After Business Needs

This Doesn’t Mean that Section 508 is Less Important

Understand How Simple the Exceptions

REALLY Are

Most Exceptions are Easy to Understand

Section 508 and Other Laws Never Require the Impossible

Claim Name

“It’ll blow my budget to buy it” Undue Burden

“You’re making me buy something I can’t use” Fundamental Alteration

“That’s impossible to create” Technical Infeasibility

“It doesn’t exist” Commercial Unavailability

You Don’t Have to Use Undue Burden in Almost Every Case

Buy What You Can Buy (“Commercial

Unavailability”)

Commercial Unavailability Follows Principle of Doing What You Can Do

You Can Buy Non-Compliant Products if No Compliant Products Exist

Section 508 Only Requires You to Buy the Most Accessible Product

Ask Yourself “Who is Likely to be

Using the Product?”

You Can’t be Sued for Something that Affects No One

Back Office Exemption Exempts Products that Affect No One

Example: Boss Wants a New Cell Phone

IT Accessibility Isn’t So Difficult

After All

The Path to IT Accessibility is

Clear and Simple