Legal Accessibility Obligations

Laws

Federal Digital Accessibility Regulations - Title II

 

Metro COG will be coordinating efforts to comply with federal digital accessibility regulations recently issued by the U.S. Department of Justice. These new regulations require that public entities comply with a particular technical standard for digital accessibility—the Web Content Accessibility Guidelines (WCAG) Version 2.1, Level AA. Metro COG has until April 24, 2026 to bring its websites, mobile apps, software, and other digital content into compliance with this standard. 

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Americans with Disabilities Act (ADA)

 

The ADA prohibits discrimination on the basis of disability. Title II of the ADA requires that State and local governments (including MetroCOG) give people with disabilities an equal opportunity to benefit from all of their programs, services, and activities.

The Americans with Disabilities Act Amendments Act (ADAAA) of 1990. Section 504 of this law prohibits discrimination on the basis of disability in programs and activities receiving financial assistance from the federal government by:

• Employers (Title I)

• State and Local Governments (Title II)

• Places of Public Accommodation (Title III)

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Sections 504 and 508 of the Rehabilitation Act of 1973

 

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.

 

Section 508 of the Rehabilitation Act of 1973 mandated that "all electronic and information technology used by the federal government be accessible to people with disabilities." Although the original intent of Section 508 was to provide accessibility in the federal sector, it has been widely accepted that colleges and universities are subject to its requirements under Title II because they almost universally receive some form of federal funding.

 

Section 504 includes provisions for individuals with disabilities to participate in programs and services with the use of auxiliary aids, where necessary. These aids are commonly referred to as accommodations. On the other hand, Section 508 requires that persons with disabilities have comparable access to and use of information and communication technology (ICT) — a subtle but meaningful distinction.

An accommodation is…

• provided based on the specific needs of a site user with a documented disability

• determined by an accommodations officer on a case-by-case basis

• provided for site users whose needs require great intervention, such as live American Sign Language (ASL) interpreters or lecture transcripts for live courses

• for circumstances that are difficult to anticipate and prepare for

Accessibility is…

• the responsibility of all who create or publish digital content

• provided for all site users, with no expectation of an explanation of need

• expected for disabilities that are easily anticipated

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