VA
Section 508 Complaint Process
Law Ensuring Accessibility | Compliants | File
Complaint | Complaint
Processing | Time Limits | General
Contacts
Section
508 of the Rehabilitation Act of 1973, as amended,
requires Federal departments and agencies that develop,
procure, maintain, or use electronic and information
technology to ensure that Federal employees and members
of the public with disabilities have access to and
use of information and data, comparable to that of
Federal employees and members of the public without
disabilities- unless it is an undue burden to do
so. If it is an undue burden or one of a few other
exceptions applies, this information and data must
then be provided by an alternative means.
What
is Covered?
- Electronic
and information technology products procured
by a Federal Agency on or after June 21, 2001
.
- Electronic
and information technology includes information
technology and any equipment or interconnected
system or subsystem of equipment that is used in
the creation, conversion, or duplication of data
or information.
- It
includes, but is not limited to, computers and
ancillary equipment; information kiosks and transaction
machines; video and multimedia products; software
applications and operating systems; web sites;
telecommunication products; and, office equipment
such as copiers and fax machines. Product support
documentation and services must also be made accessible.
How
does the law ensure accessibility?
 |
Section
508 requires that electronic and information
technology procured by the Department on or after
June 21, 2001 , comply with final accessibility
standards issued by the Architectural and Transportation
Barriers Compliance Board (Access
Board). These technical standards and functional
performance criteria can be found at GSA
Section 508 website. Pursuant to Section
508, these standards were incorporated into the
Federal Acquisition Regulations and all procurements
are subject to these standards, unless an exception
applies. |
Federal
agencies are not required to "retrofit" existing
technologies.
Enforcement
of Section 508 began June 21, 2001.
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Section
508 Complaints:
Complaints
and lawsuits can only be filed by individuals with
disabilities in connection with electronic and information
technology (EIT) products procured on or after June
21, 2001 , that don't comply with the accessibility
standards. Informal resolution of such concerns and
complaints are strongly encouraged by first contacting
the designated webmaster, if a web site is involved,
or an appropriate organizational official, if an
EIT product other than a web site is involved.
When
a Federal employee or member of the public files
a complaint claiming an agency's procurement is not
in compliance with the standard(s), the process for
handling that complaint will follow already established
procedures that exist under Section 504 of the Rehabilitation
Act. See 38 CFR Part 15
The
Department of Veterans Affairs (VA) has established
the following guidelines for filing administrative
complaints under Section 508.
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To
File a Complaint:
- Individuals
with disabilities may file a written complaint
with VA if they believe electronic and information
technology procured by VA on or after June 21,
2001 , is not in compliance with Section 508 accessibility
standards and as a result they are denied access
to and use of information or data comparable to
that of non-disabled individuals.
- To
be complete, written complaints must contain the
following information:
- Name,
address, and telephone number of the complainant.
The complaint must be signed. (If a complaint
is filed on someone's behalf, the person authorized
to file the complaint should include his or her
name, address, telephone number, and a statement
of relationship to the complainant, e.g., spouse,
attorney, friend, etc.);
- An
indication that the complaint is being filed
under Section 508 and that it concerns electronic
and information technology procured by VA on
or after June 21, 2001 ;
- A
description of the alleged infraction (when did
it occur; how was access denied?);
- Identification
or description of the electronic and information
technology that complainant believes is not accessible
(web site address; location of system or equipment;
type of system or equipment; and, VA organization
responsible for the product) and the accessibility
standard(s) which has not been met, if known;
- A
description of the nature and severity of complainant's
disability; and
- Any
other relevant information.
- Send
written complaints to the Office of Resolution
Management, Department of Veterans Affairs, 810
Vermont Avenue, NW , Washington , DC 20420.
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Complaint
Processing:
- The
Office of Resolution Management (ORM) will receive
and review Section 508 complaints.
- Section
508 complaints will be forwarded to the appropriate
VA official for further processing. A letter will
be issued advising the complainant of the receipt
and referral of their complaint. This letter will
include the name and address of the official within
VA that the referral has been sent to.
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Time
Limits:
Section
508 complaints must be filed within 180 days of the
date that individuals with disabilities are unable
to access the electronic and information technology
procured by VA after June 21, 2001. Additional information
on VA's ORM complaint
process.
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Note:
These
guidelines will follow Section 504 complaint procedures
found at 38 C.F.R. § 15.170.
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General
Contacts
For
Further information, questions or comments related
to procurement, web accessibility, training and awareness,
legal inquiries, and VA's Section 508 Advisory Committee,
contact, VA's
Section 508 Testing and Training Center and/or Section
508 Coordinator located at VA Central Office
C10A. Please indicate in the subject line, the reason
of the email or the person you would like to contact. |
