Section 508 Compliance: What is Section 508 and Who Must Comply?

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·9 min read

Section 508 of the Rehabilitation Act represents the United States' most comprehensive federal accessibility requirement for electronic and information technology. If your organization does business with the federal government, develops federal websites, or provides technology to federal agencies, understanding Section 508 compliance isn't optional—it's mandatory. This guide explains what Section 508 is, who must comply, and why it matters beyond federal contracts.

What is Section 508?

Section 508 is an amendment to the Rehabilitation Act of 1973, enacted in 1998 and significantly updated in 2017. The law requires federal agencies to make their electronic and information technology (EIT) accessible to people with disabilities—including employees and members of the public.

The statute's purpose is straightforward: ensure people with disabilities have comparable access to and use of information and data as people without disabilities.

Who Must Comply with Section 508?

Direct Section 508 Obligations

Federal agencies: All federal departments, agencies, and offices must ensure their EIT is accessible.

Federal contractors and vendors: Companies developing, maintaining, or providing EIT to federal agencies must ensure Section 508 compliance.

Grant recipients: Organizations receiving federal funding may have Section 508 obligations depending on grant terms.

State and local governments: When receiving federal funding or providing services related to federal programs, accessibility requirements often apply.

Indirect Section 508 Influence

While Section 508 legally applies only to federal entities and their contractors, its influence extends broadly:

Private sector adoption: Many companies adopt Section 508 standards as accessibility benchmarks even without federal contracts.

Procurement requirements: Companies seeking federal contracts must demonstrate Section 508 compliance to compete effectively.

Best practices: Section 508's alignment with WCAG makes it a recognized standard beyond federal contexts.

Legal precedent: Section 508 principles influence ADA Title II (state/local government) and Title III (public accommodations) interpretations.

What Must Be Accessible Under Section 508?

Section 508 covers a broad range of electronic and information technology:

Web Content and Applications

  • Public-facing websites
  • Internal agency intranets
  • Web-based applications and services
  • Online forms and databases
  • Content management systems
  • Learning management systems
  • Social media content

Software Applications

  • Desktop applications
  • Mobile applications (iOS, Android, etc.)
  • Custom agency software
  • Commercial off-the-shelf (COTS) software
  • Cloud-based applications
  • Productivity tools

Documents

  • PDFs and electronic documents
  • Word processing documents
  • Spreadsheets
  • Presentations
  • Forms and fillable PDFs
  • Electronic publications

Multimedia

  • Videos (must have captions and audio descriptions)
  • Audio content (must have transcripts)
  • Podcasts
  • Webinars and virtual events
  • Training materials

Hardware

  • Computers and workstations
  • Telecommunications equipment
  • Copiers and multifunction devices
  • Kiosks and self-service machines
  • Video conferencing systems

The 2017 Section 508 Refresh

In January 2017, the U.S. Access Board published a major update to Section 508 standards, known as the "Refresh." This update modernized requirements to align with WCAG 2.0 Level AA and reflect technological advances.

Key Changes in the Refresh

WCAG 2.0 Level AA incorporation: Section 508 now explicitly requires WCAG 2.0 Level AA conformance for web content, replacing older technical standards.

Expanded software coverage: Updated requirements for desktop, mobile, and web applications.

Functional performance criteria: Requirements focused on what technology must accomplish, not just how it's built.

Harmonization with international standards: Alignment with WCAG 2.0 and EN 301 549 (European standard).

Updated hardware requirements: Modern requirements for touchscreens, biometrics, and contemporary hardware.

Documentation requirements: Enhanced requirements for accessibility documentation and support.

Compliance Deadlines

  • January 18, 2018: New Section 508 standards took effect
  • Legacy systems: Existing systems that met old standards didn't require immediate updates
  • New procurements: Any EIT developed, procured, maintained, or used after January 2018 must meet Revised Section 508

Section 508 vs WCAG 2.0

Since the 2017 Refresh, Section 508 incorporates WCAG 2.0 Level AA by reference for web content. This means:

Web content: Must meet WCAG 2.0 Level AA success criteria Additional requirements: Section 508 adds requirements beyond WCAG 2.0 for software, hardware, and documentation Functional performance criteria: Seven functional performance criteria ensure access even when technical standards can't be fully applied

In practice: If your website meets WCAG 2.0 Level AA, you've satisfied the web content portion of Section 508.

The Seven Functional Performance Criteria

Beyond technical standards, Section 508 includes functional performance criteria (FPC) ensuring technology is usable regardless of implementation:

FPC 302.1 - Without Vision: Usable without vision through audio or tactile output

FPC 302.2 - With Limited Vision: Usable with limited vision through magnification, contrast, or audio

FPC 302.3 - Without Perception of Color: Information doesn't rely solely on color

FPC 302.4 - Without Hearing: Usable without hearing through visual or tactile means

FPC 302.5 - With Limited Hearing: Usable with limited hearing through volume control or assistive listening

FPC 302.6 - Without Speech: Usable without voice input (alternatives provided)

FPC 302.7 - With Limited Manipulation: Usable with limited dexterity, coordination, or reach

FPC 302.8 - With Limited Reach and Strength: Operable within reach limits and without excessive force

FPC 302.9 - With Limited Language, Cognitive, and Learning Abilities: Understandable with limited language, cognitive, or learning abilities

These criteria provide flexibility for emerging technologies while ensuring functional accessibility.

Section 508 Enforcement and Penalties

Enforcement Mechanisms

Complaint process: Federal employees or members of the public can file complaints with the agency or Department of Justice.

Administrative proceedings: Agencies investigate and resolve complaints internally.

Civil actions: After exhausting administrative remedies, complainants may file lawsuits in federal court.

Federal oversight: The Access Board, GSA, and Office of Management and Budget provide oversight and guidance.

Consequences of Non-Compliance

Contract termination: Federal contracts may be terminated for non-compliance.

Procurement rejection: Non-compliant bids may be rejected during procurement.

Legal liability: Lawsuits under Section 508 or related laws (ADA, Rehabilitation Act).

Reputational damage: Public record of accessibility failures.

Required remediation: Courts may order specific accessibility improvements.

Lost business opportunities: Inability to compete for federal contracts.

Section 508 Documentation Requirements

Section 508 mandates specific documentation:

Accessibility Conformance Reports (ACRs)

Also called VPATs (Voluntary Product Accessibility Templates), ACRs document:

  • Which Section 508 standards apply to the product
  • Level of conformance (Supports, Partially Supports, Does Not Support, Not Applicable)
  • Explanations of non-conformance
  • Contact information for accessibility support

Required for: Federal procurement processes, contract proposals, product evaluations

Product Documentation

Accessibility documentation must include:

  • Accessibility features and how to use them
  • Compatibility with assistive technologies
  • Known accessibility limitations
  • Accessible formats of documentation itself

Support Services

Technical support must:

  • Be accessible to users with disabilities
  • Provide information about accessibility features
  • Offer alternative communication channels (TTY, relay services, accessible help systems)

Business Impact of Section 508

Federal Contracting Opportunities

The federal government is the largest purchaser of technology in the United States. Section 508 compliance is essential for:

Competing for contracts: RFPs increasingly require Section 508 compliance demonstration

Maintaining existing contracts: Ongoing compliance monitoring and updates required

Expanding federal business: Accessibility becomes a differentiator in competitive bidding

Broader Market Advantages

Section 508 compliance provides benefits beyond federal contracts:

Broader user base: Accessible products serve more customers, including aging populations

Reduced legal risk: Compliance with Section 508 often satisfies ADA website accessibility expectations

Quality improvement: Accessibility testing catches usability issues that affect everyone

International sales: Alignment with WCAG facilitates sales to countries with similar requirements

Corporate responsibility: Demonstrates commitment to diversity and inclusion

Getting Started with Section 508 Compliance

Step 1: Determine Applicability

  • Do you have federal contracts?
  • Do you develop technology for federal use?
  • Do you receive federal grants with accessibility requirements?

Step 2: Assess Current State

  • Inventory EIT (websites, applications, documents, hardware)
  • Conduct accessibility audits against Section 508/WCAG 2.0 Level AA
  • Identify gaps and prioritize remediation

Step 3: Develop Compliance Strategy

  • Create accessibility policies and standards
  • Train development and content teams
  • Integrate accessibility into procurement processes
  • Establish testing and validation procedures

Step 4: Implement and Test

  • Remediate existing systems starting with high-priority items
  • Build accessibility into new development
  • Test with assistive technologies and automated tools
  • Engage users with disabilities for feedback

Step 5: Document and Maintain

  • Create or update ACRs/VPATs
  • Document accessibility features and support
  • Monitor for regressions with continuous testing
  • Update as technology and standards evolve

Automated monitoring solutions like BrowseCheck help organizations maintain Section 508 compliance by continuously scanning for WCAG 2.0 Level AA violations, providing immediate alerts when issues arise, and tracking compliance trends over time.

Common Section 508 Compliance Challenges

Legacy systems: Older systems built before accessibility requirements can be costly to remediate.

Third-party content: Embedded widgets, libraries, and components may not be accessible.

PDF accessibility: Making complex PDFs accessible requires specialized knowledge and tools.

Video captioning: Backlog of historical video content without captions or descriptions.

Procurement processes: Ensuring vendors provide accessible products requires updated procurement procedures.

Organizational knowledge: Limited understanding of accessibility requirements across teams.

Conclusion

Section 508 ensures federal electronic and information technology is accessible to people with disabilities—both federal employees and the public. While legally binding only for federal entities and their contractors, Section 508's alignment with WCAG 2.0 Level AA makes it an influential standard across sectors.

For organizations with federal contracts or aspirations, Section 508 compliance is essential for bidding competitively and maintaining contracts. For others, Section 508 provides a recognized framework for accessibility that addresses legal risk, expands market reach, and demonstrates corporate responsibility.

The 2017 Refresh modernized Section 508 by incorporating WCAG 2.0 Level AA for web content and updating requirements for software, hardware, and documentation. This harmonization with international standards simplifies compliance for organizations working across jurisdictions.

Ready to start your Section 508 compliance journey? Begin with an accessibility audit against WCAG 2.0 Level AA for web content, assess software and hardware against applicable Section 508 criteria, and develop accessibility conformance reports (VPATs) for products in federal use.

Section 508 compliance isn't just about meeting legal requirements—it's about ensuring the federal government and its contractors provide equal access to information and services for all Americans, including the 61 million adults living with disabilities in the United States.

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