MeAC – Measuring Progress of eAccessibility in Europe

Legislation/regulations

Although there appears to be no overall, co-ordinated approach to ensuring that all public websites become accessible, there are relevant legislative provisions.

Section 508 of the US Rehabilitation Act of 1973, as amended in 1998, requires accessibility attributes in electronic information technology developed or procured by the Federal government. The regulation establishes the principle that the websites developed by or for the Federal government should be accessible.
Section 504 of the same Act forbids federal organizations and employers from excluding or denying individuals with disabilities an equal opportunity to receive program benefits and services. If benefits or services are offered online, offerings would have to be accessible unless there were alternative means of access (e.g. telephone or face-to-face).

The Americans with Disabilities Act (ADA) of 1990 guarantees equal opportunity for individuals with disabilities in public accommodation, employment, transportation, state and local government services, and telecommunications. Guidance from the Department of Justice suggests that government websites should be accessible, but notes that making a website accessible is not specifically required by law in cases where equivalent access to a program can be provided in some other way. That means, an inaccessible website is not in itself illegal. It appears to be the case, de facto, that agencies tend to assume that web pages should be accessible, but it is unclear to what extent specific actions are taken in this regard.

As regards websites of companies, in a recent judgement in a case taken by the National Federation for the Blind against a large retailer, the court held that websites for such companies fall within the scope of anti-discrimination law in California.

Other measures

Individual states can adopt their own accessibility policies. They commonly borrow from Federal regulations (Sec 508) and / or WAI guidelines.

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