A. Legal Requirements: Rehabilitation Act of 1973

The term "Section 508" is a lay reference to a legal mandate within the Rehabilitation Act of 1973 as amended in 1998. Section 508 requires that the United States government department or agency "shall ensure, unless an undue burden would be imposed" on such department or agency that electronic and information technology developed, procured, maintained, or used by the United States government allows:

1. individuals with disabilities who are Federal employees have access to and use of information and data that is comparable to the access to and use of the information and data by Federal employees who are not individuals with disabilities; and

2. Taxpayers with disabilities seeking information or services from a Federal department or agency to have access to and use of information and data that is comparable to the access to and use of the information and data by members of the public who do not have disabilities.

If discharging this obligation to make electronic and information technology accessible "would impose an undue burden, the Federal department or agency shall provide individuals with disabilities" with the desired information and data by an alternative means of access that allows the individual with a disability to use the information and data.

The statute affords a private right of action with comparatively liberal remedies insofar as other federal statutes are concerned.

B. Applicability of the Americans with Disabilities Act

The United States Courts of Appeal are split as to whether the Americans with Disabilities Act applies to Internet websites. In an earlier case, the United States Court Of Appeals for the Sixth Circuit almost 10 years ago ruled that in at least some instances, the internet and/or some websites on the internet do not constitute a "place of public accommodation" within the meaning of theAmericans with Disabilities Act. In 2008, the United States Court Of Appeals for the Ninth Circuit held, on the other hand, that Americans with Disabilities Act does govern at least some merchant websites on the internet.

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