Federal Laws Related to Accessible Information and Telecommunication Technology

Many people think of 508 of the Rehabilitation Act and the Americans with Disabilities Act as being the only laws related to accessible information and telecommunication technology.  However, there are several interrelated Federal laws developed to ensure accessible information and telecommunication technology.  The purpose of this section is to provide a brief summary of the Federal laws that apply to the accessible information and telecommunication technology.

The Rehabilitation Act of 1973, as amended

The Rehabilitation Act of 1973, as amended prohibits discrimination based on disability in Federal employment and federally funded programs and services, by Federal contractors, and in the availability and use of electronic and information technology provided by a Federal agency. Section 501, Section 504, and Section 508 specifically address accessibility issues.

Section 501 of the Rehabilitation Act

Section 501 of the Rehabilitation Act requires Federal agencies to provide reasonable accommodations for their employees with disabilities unless doing so would impose an undue hardship. To be eligible, an employee must be able to perform the essential functions of the job with the accommodations. Reasonable accommodations may include technologies which allows an employee to complete the essential functions.  For a person who is blind or severely visually impaired this might include such one or more types of assistive technology.  The accessibility of technology within the work environment affects your ability to achieve and maintain employment.

Section 504 of the Rehabilitation Act

Section 504 of the Rehabilitation Act states that "no qualified individual with a disability in the United States shall be excluded from, denied the benefits of, or be subjected to discrimination under" any program or activity that either receives Federal financial assistance or is conducted by any executive agency or the United States Postal Service. Each Federal agency has Section 504 regulations that apply to its programs.  These regulations also include laws related to any entity that receive Federal aid from them.  The types of requirements that are usually included in these regulations are for reasonable accommodation; program accessibility; effective communication with people who have hearing or vision disabilities; and accessible new construction and alterations.

Section 508 of the Rehabilitation Act

Section 508 of the Rehabilitation Act requires Federal departments and agencies comply with the accessibility standards developed by the Architectural and Transportation Barriers Compliance Board (Access Board), unless doing so would pose an undue burden on those Federal departments or agencies. Electronic and information technology (EIT) covered includes EIT procured, developed, maintained or used by Federal employees and members of the public who have  disabilities.

The Telecommunications Act of 1996

The Telecommunications Act of 1996 was updated to add two sections that address access to telecommunications products by individuals with disabilities.  These two sections are Section 255 and Section 713.

Section 255 of the Communications Act

Section 255 of the Communications Act requires telecommunications manufacturers and providers of telecommunications services to make their products and services accessible to and usable by individuals with disabilities, if readily achievable. Where it is not readily achievable, Section 255 requires manufacturers and providers to make their devices and services compatible with peripheral devices and specialized customer premises equipment that are commonly used by people with disabilities, if readily achievable. Companies must balance the costs and nature of the access required compared with their available resources when decided on if this is readily achievable. Companies that have great resources will need to do more to achieve access than will companies with smaller budgets. The FCC makes readily achievable determinations on a case-by-case basis.  

Section 713 of the Communications Act

Section 713 of the Communications Act requires video programming shown on television to be shown with captions. This law applies to programming shown by broadcast, cable, satellite and other distribution methods. FCC rules require nearly all new programming to have captions by 2006. Seventy-five percent of older programming must be captioned by 2008. Spanish language programming must be captioned a few years after these deadlines.

The Americans with Disabilities Act (ADA) of 1990

The Americans with Disabilities Act (ADA) of 1990 prohibits discrimination on the basis of disability in employment, state and local government, public accommodations, commercial facilities, transportation, and communications. To be protected by these ADA provisions, an individual must have a disability or have a relationship or association with an individual with a disability. An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment. The ADA also requires the provision of nationwide relay services and captioning on federally assisted public service announcements. The ADA is organized into five sections, four of which include complaint processes. Titles I, II, III, and IV specifically address issues related to accessible information or telecommunication technology.

Title I

Title I requires employers with 15 or more employees to provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment-related opportunities available to others. For example, it prohibits discrimination in recruitment, hiring, promotions, training, pay, social activities, and other privileges of employment. It restricts questions that can be asked about an applicant's disability before a job offer is made, and it requires that employers make reasonable accommodation to the known physical or mental limitations of otherwise qualified individuals with disabilities, unless it results in undue hardship. Title I can cover technology that is used by a person with a disability to perform his/her job, such as accessing a Web site or intranet or by communicating with others by telephone or email.

Title II

Title II requires that state and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services, and activities (e.g. public education, employment, transportation, recreation, health care, social services, courts, voting, and town meetings). Title II also requires that public safety answering points, such as 9-1-1 call centers, be capable of receiving and responding to calls made by TTY users. Public entities are not required to take actions that would result in undue financial and administrative burdens. They are required to make reasonable modifications to policies, practices, and procedures where necessary to avoid discrimination, unless they can demonstrate that doing so would fundamentally alter the nature of the service, program, or activity being provided.

Title III

Title III covers businesses and nonprofit service providers that are public accommodations, privately operated entities offering certain types of courses and examinations, privately operated transportation, and commercial facilities. Public accommodations are private entities who own, lease, lease to, or operate facilities such as restaurants, retail stores, hotels, movie theaters, private schools, convention centers, doctors' offices, homeless shelters, transportation depots, zoos, funeral homes, day care centers, and recreation facilities including sports stadiums and fitness clubs. Transportation services provided by private entities are also covered by Title III. Public accommodations must comply with basic nondiscrimination requirements that prohibit exclusion, segregation, and unequal treatment. They also must comply with specific requirements related to architectural standards for new and altered buildings; reasonable modifications to policies, practices, and procedures; effective communication with people with hearing, vision, or speech disabilities; and other access requirements. Courses and examinations related to professional, educational, or trade-related applications, licensing, certifications, or credentialing must be provided in a place and manner accessible to people with disabilities, or alternative accessible arrangements must be offered.

Title IV

Title IV requires telephone companies to provide interstate and intrastate telecommunications relay services (TRS) 24 hours a day, 7 days a week at no extra cost to callers. TRS enables callers with hearing or speech disabilities to communicate by phone with other individuals through a third party operator called a communications assistant.  Title IV also requires closed captioning of Federally funded public service announcements (PSAs).  

The Hearing Aid Compatibility Act (HAC Act) of 1988

The Hearing Aid Compatibility Act (HAC Act) of 1988 requires all wireline and cordless telephones manufactured or imported to be used by people in the United States be compatible with hearing aids.  The HAC Act also requires all wireline and cordless phones have a volume control that can be used by persons with hearing loss. The FCC also stated that certain wireless phones must have features that are compatible with hearing aids and cochlear implants over time.  At this time, there are no laws for volume control in wireless phones.

The Television Decoder Circuitry Act of 1990

The Television Decoder Circuitry Act of 1990 requires all televisions with screens larger than 13 inches (diagonally) be built with internal circuitry that can receive, decode, and display closed captions. In addition, digital television receivers sold separately or with screens that are 7.8 inches or larger (vertically) must also have internal circuitry to display closed captions on digital television programming.

Televised Emergency Programming Mandates

Televised Emergency Programming Mandates require video program providers to make their television programs on emergencies accessible to people with hearing disabilities and to people with visual disabilities. Therefore, the programs must be both visual and auditory.  These requirements apply to regularly scheduled news programs and emergency news bulletins that interrupt regularly scheduled programming.

The Help America Vote Act (HAVA)

The Help America Vote Act (HAVA) is covers the administration of Federal elections, voting machines, polling places, voter registration, and other areas. HAVA requires accessibility of polling places and voting machines. These provisions are intended to promote full participation in the electoral process for persons with disabilities. HAVA builds on the Americans with Disabilities Act (ADA) and the Voting Accessibility for the Elderly and Handicapped Act (VAEHA) to enable persons with disabilities to more readily participate in the electoral process, and to vote independently and privately. HAVA was signed into law on October 29, 2002, and its provisions are mandated as of January 1, 2006. Each state is responsible for developing complaint procedures related to HAVA violations.