Section 508 Compliance, Explained

In the 1970s, U.S. lawmakers recognized the need to create laws that protected the rights of individuals with disabilities. This ultimately laid the groundwork for key accessibility laws, including the Americans with Disabilities Act(opens in a new tab) (ADA) and the Rehabilitation Act of 1973(opens in a new tab). 

As time went on, lawmakers saw the need to update the Rehabilitation Act to address the rapid changes happening in technological development and ensure equal access to online spaces for individuals with disabilities. This led to the introduction of Section 508 in 1998. 

Below, we’ll provide an overview of what Section 508 is, who must comply with these laws, and provide tips for ensuring your digital content is compliant with Section 508.

What is Section 508 compliance?

Section 508 is an amendment to the Rehabilitation Act of 1973, which was the first federal law to prohibit discrimination against individuals with disabilities. As mentioned above, Congress passed the amendment to establish technical requirements for making websites, operating systems, emails, web-delivered documents, and other information and communication technology (ICT) accessible to people with disabilities as well as members of the public. Section 508’s technical requirements are based on the Web Content Accessibility Guidelines(opens in a new tab) (WCAG), the international standards for website accessibility.

Section 508 applies to all electronic communication, including:

• Every page on every public-facing website.

• All online forms.

• All telecommunications.

• All internal and external emails.

• All software and applications, including mobile apps.

• All online training resources.

• All job application pages.

• All digital documents, such as PDFs.

Who must comply with Section 508?

Any federal agency must ensure their ICT is accessible to individuals with disabilities. This includes:

• Federal government agencies

• Federal contractors and subcontracts

Technically, Section 508 only applies to federal agencies and their contractors — but it’s also applicable to other types of organizations under certain circumstances. 

In addition to federal agencies agencies, Section 508 can apply to:

• State, county, and municipal authorities that receive financial assistance from the U.S. government. For example, a state disaster relief agency may need to comply with Section 508.

• Universities, museums, galleries, medical centers, and other organizations that receive federal funding.

• Any contractor — regardless of size or services offered — that wants to work with the U.S. government. For example, a web development firm that creates a website for a federal agency may need to prove that the website complies with Section 508. 

There are some listed exceptions for Section 508 compliance(opens in a new tab). For example, technology operated by agencies as part of a national security system is not covered.

The law also makes an exception if conformance would impose an “undue burden” or require a “fundamental alteration” of functionality. For example, suppose an agency uses legacy billing software that fails to meet Section 508 standards. In that case, the agency may be able to prove that upgrading to compliant software would be too expensive and time-consuming. However, they would need to show that they’d purchased the software before 2017, when the Section 508 standards were updated.

Section 508 compliance vs. ADA compliance

Section 508 overlaps with the ADA, which also prohibits discrimination against people with disabilities. However, there are differences between the ADA and Section 508.

Section 508 applies to federal agencies and any organization that receives federal funding, including contractors and suppliers. It requires organizations to ensure that all of their digital communications meet Section 508’s compliance levels. 

ADA, on the other hand, only applies to private businesses (religious organizations and private clubs are exempt from ADA requirements). Business owners should be familiar with Title III of the ADA. Under Title III, businesses classified as “public accommodations” ensure their facilities — including their websites, electronic documents, and mobile apps  — are accessible to people with disabilities. Title III was supported by the U.S. Department of Justice (DOJ), which also affirmed that ADA accessibility requirements(opens in a new tab) extend to online spaces. Failing to comply with the guidelines can result in an ADA compliance lawsuit — something that can result in extensive legal fees.

What are the Section 508 compliance requirements?

To be compliant with Section 508, your digital content must follow the accessibility standards included in WCAG 2.1 Level AA. These standards are grouped under four main principles: perceivable, operable, understandable, and robust (commonly known as the POUR principles). 

If you’re new to WCAG, here’s a quick overview:

• WCAG is published by the World Wide Web Consortium(opens in a new tab) (W3C), which also publishes standards for HTML, CSS, and other web technologies.

• WCAG is designed to be technology-independent: Its requirements aren’t specific to a certain technology.

• The guidelines include simple pass-or-fail statements called success criteria, which can be used to test web pages and content for accessibility.

• Those success criteria are organized into three levels of conformance: Level A (least strict), Level AA, and Level AAA (most strict). 

• Section 508 incorporates WCAG 2.0 by reference. That means that nearly every WCAG 2.0 Level A/AA requirement appears word-for-word in the Section 508 guidelines.

Section 508, as mentioned above, mandates organizations to conform to Level AA standards. WCAG provides guidance for finding (and fixing) common accessibility issues such as:

• Poor keyboard accessibility. Many people rely solely on a keyboard to access the web. When content is not fully operable with a keyboard, these users may be left out. Ensuring your digital content can be used by keyboard commands or shortcuts alone can provide a more accessible experience for keyboard users.

• Missing alternative text (alt text) for images. Descriptive alt text benefits everyone, but it’s especially important for people who use screen readers to browse the internet. Consider checking all your non-text content, including images, videos, audio files, etc. including alt text so assistive technology users or those with cognitive disabilities don’t miss out on valuable information.

• Missing captions for multimedia content. Accurate captions improve experiences for people with hearing disabilities. It also benefits those with situational disabilities, such as being in a noisy environment.

• Strict time limits. People with disabilities may need more time to complete tasks or access information, so time limits should only be used where necessary. Users should be able to adjust, extend, or turn off the time limits wherever possible. 

• Low-contrast text. Poor color contrast impacts users with color vision deficiencies (CVD) and other vision disabilities such as low vision or color blindness. This can make it difficult for them to distinguish between various elements. WCAG recommends a color contrast ratio of 4.5:1 for normal text and 7:1 for larger text, which makes colors more accessible.

• Flashing or flickering content can be distracting and potentially dangerous for users with photosensitivity disorders.

These are just some of the criteria required for Section 508 compliance. For a more comprehensive list, check out our Section 508 Compliance Checklist for Websites and PDFs.

What does 508 compliance mean for websites?

As mentioned above, Section 508 compliance is designed to ensure federal websites — and any digital content used by government agencies — are accessible to people with disabilities. But the impact of Section 508 extends beyond just government entities. If your business contracts with or receives funding from a federal agency, your digital content must meet Section 508 compliance requirements. This also includes your web applications, responsible mobile design, emails, online forms, and digital documents.

How to write 508-compliant documents

Online documents, including PDFs, Word Documents, PowerPoint presentations, and Excel spreadsheets, must meet Section 508 compliance requirements. If your organization shares reports, contracts, presentations, or other documents with federal agencies — or makes public documents available on your website — you need to ensure they meet accessibility standards. 

To create 508-compliant documents, ensure they include the following:

• Use proper headings and structures: Ensure documents use headings (H1, H2, H3, etc.) to provide a logical reader order. 

• Provide alternative text for images: All images, graphs, charts, and non-text elements must have descriptive alt text to ensure users don’t miss valuable context. 

• Ensure sufficient color contrast: Text and background colors should meet WCAG’s contrast guidelines to be readable for users with vision impairments. 

• Make documents navigable by keyboard and screen readers: Use accessible formatting tools in document editors to ensure compatibility with assistive technologies. 

• Include accessible links and tables: Hyperlinks should have descriptive text, and tables should have proper headers to help screen reader users navigate content.

Following these best practices can help you create 508-compliant documents that reduce your legal risks while improving usability.

Are there recent updates to Section 508?

Section 508 guidelines are updated occasionally to ensure they’re in line with modern technologies. For example, in 2017, the law received an update that established WCAG 2.0 Level AA as the de facto “rule” for compliance.

More recently, lawmakers introduced the Section 508 Refresh Act(opens in a new tab) on July 24, 2024. The refresh “modernized” the accessibility requirements for government ICT to address the more recent technological advances as well as to align with global accessibility standards.

What is a Voluntary Product Accessibility Template?

A Voluntary Product Accessibility Template(opens in a new tab) (VPAT) is a document that demonstrates how products like software, hardware, electronic content, and support documentation conform to the Revised 508 Standards(opens in a new tab) for IT accessibility.

The General Services Administration (GSA)(opens in a new tab) recommends that vendors produce a VPAT for any technology marketed to the federal government, federal employees, and related organizations. 

A VPAT should include:

• An accurate, honest assessment of the product’s level of compliance.

• Enough details and remarks are needed to provide the buyer with relevant purchasing information.

• No irrelevant or excessive information.

Think of the VPAT as a brief but thorough report on Section 508 compliance. It’s highly important for technology procurement — if a federal agency purchases software, a website, or any other digital product, they’ll probably want to review a VPAT outlining the product’s compliance.

Why do websites need to be 508 compliant?

Every organization has an ethical and legal responsibility to accommodate users with disabilities. But following WCAG has benefits outside of compliance: 

• Websites that follow WCAG provide a better experience for all users. That means better word of mouth and more engagement.

• The best practices of accessibility align with the best practices of search engine optimization (SEO).

• Prioritizing accessibility and usability can help businesses improve customer and employee retention rates.

• Accessible design prioritizes clean code and markup. That can mean lower long-term costs for website development and maintenance.

If section 508 does not apply to your organization, you should still strive for the minimum level of accessibility. Failure to do so can result in potential legal repercussions, including lawsuits or hefty fines. Additionally, poor accessibility can negatively impact your audience engagement and even send customers into the arms of your competitors.

What’s the risk of non-compliance?

Non-compliance with Section 508 isn't just a regulatory oversight; it carries substantial legal and reputational risks. 

There have been several high-profile lawsuits, including:

• The National Association of the Deaf (NAD) v. Harvard University(opens in a new tab). NAD alleged that Harvard failed to make free online courses and other educational materials accessible for people with hearing disabilities.

• Disability Rights Advocates (DRA) v. University of California, Berkeley(opens in a new tab). DRA alleged that UC Berkeley failed to provide accessible documents for students. The case was settled when the University agreed to improve its accessibility policies.

• The National Federation of the Blind v. The Small Business Association (SBA)(opens in a new tab). The National Federation of the Blind filed a complaint on behalf of a blind business owner, who claimed that the SBA’s website was inaccessible with a screen reader. 

• Accessibility lawsuits are time-consuming and costly. They also create bad press that can damage organizational reputations. 

In addition to reducing legal risk, complying with the requirements of Section 508 can help organizations offer an improved user experience to employees and the public — and deliver digital information to the widest possible audience.

Maintain Section 508 compliance with AudioEye

To earn — and maintain — Section 508 compliance, you need a long-term strategy. And it starts by testing content against WCAG regularly, then remediating accessibility issues that could impact your users. That’s where AudioEye comes in.

Our Accessibility Platform combines AI-driven technology with expert audits from the disability community to help improve the accessibility of your digital content. With our tech-forward approach, you’ll enjoy a level of protection that is 400% better than consulting or automation-only approaches. Plus, AudioEye Assurance has the lowest legal claim rate in the industry at just 17%, meaning your company will enjoy peace of mind knowing your digital properties are legally compliant and protected.