When we talk about the legal landscape of digital accessibility for colleges and universities, we often mention the ADA, Title II, Section 504, and Section 508. What are the details of these laws, and how do they relate to each other? This 101 page introduces these topics.
Americans with Disabilities Act
The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability in everyday activities. The act is split into five different sections called “titles” which each cover different kinds of organizations. The ADA.gov page “Introduction to the ADA” outlines the Act in greater detail.
Title I prohibits discrimination on the basis of disability in employment.
Title II prohibits discrimination on the basis of disability in state and local government (part A) and public transportation (part B). Of note, public colleges and universities are considered part of state and local government for the purposes of this act. Title II was amended in 2024 to include specific guidelines for digital accessibility, WCAG 2.1 AA.
Title III prohibits discrimination on the basis of disability in businesses and nonprofits serving the public, public accommodations, and privately operated transportation. Private colleges and universities are included under Title III.
Title IV says telephone companies must provide services to allow callers with hearing and speech disabilities to communicate.
Title V includes other requirements for how to implement the law.
Of these, Titles II and III are the most relevant to digital accessibility guidance for the colleges and universities.
Rehabilitation Act
A variety of other acts relating to disabilities have also been passed. These acts cover situations that are not included in the original ADA. The ADA.gov page “Guide to Disability Rights Laws” outlines these in greater detail. The act that is most relevant to digital accessibility for colleges and universities is the Rehabilitation Act.
The Rehabilitation Act prohibits discrimination on the basis of disability in programs conducted by Federal agencies, in programs receiving Federal financial assistance, in Federal employment, and in the employment practices of Federal contractors. The Act is split into several “Sections” to cover different kinds of organizations.
Section 501 requires affirmative action and nondiscrimination in employment by Federal agencies of the executive branch.
Section 503 requires affirmative action and prohibits employment discrimination by Federal government contractors and subcontractors with contracts of more than $10,000.
Section 504 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. All public or private schools that receive federal funding are required under Section 504 of the Rehabilitation Act to make their programs accessible to students with disabilities.
Section 504 may also be enforced through private lawsuits. It is not necessary to file a complaint with a Federal agency or to receive a “right-to-sue” letter before going to court.
To add another layer of complication, different government departments have their own regulations outlining how they comply with Section 504. Of particular note to our readers, the Department of Health and Human Services issued a Final Rule in May 2024 that strengthens and clarifies the standards (WCAG 2.1 AA) used to ensure digital accessibility. This rule applies to any agency receiving funding from HHS, including many private colleges and universities that have medical programs or receive NIH funding. More details are available at the HHS 504 fact sheet.
It is possible that the Department of Education will also publish similar updated guidance (such as compliance with WCAG 2.1 AA standards) in the near future, which would apply to all colleges and universities that receive federal funding such as financial aid. Private colleges and universities will want to track the progress on this potential development to be prepared for the changes.
Section 508 establishes requirements for electronic and information technology developed, maintained, procured, or used by the Federal government. Section 508 requires Federal electronic and information technology to be accessible to people with disabilities, including employees and members of the public. An accessible information technology system is one that can be operated in a variety of ways and does not rely on a single sense or ability of the user. The US Access Board is charged by Section 508 to develop and promulgate the rule.
WCAG 2.0 Level AA became the web accessibility requirement under Section 508 in March of 2017, before explicit standards were published under the ADA. The updated Title II ruling is now stronger than the requirements of Section 508.