How will Section 508 be enforced?
Because the Section 508 standards will be incorporated into the Federal Acquisition Regulation (FAR), agencies’ procurement of accessible technology will be subject to the same stringent compliance and enforcement mechanisms as other parts of the FAR. There is an administrative complaint process which becomes effective six months after the Board issued its final standards. It enables any individual with a disability to file a complaint alleging that a Federal department or agency has not complied with the accessible technology standards in a procurement made after that date. The complaint process is the same as that used for Section 504 of the Rehabilitation Act, for complaints alleging discrimination on the basis of disability in Federally-conducted programs or activities. It provides injunctive relief and attorney’s fees to the prevailing party, but does not include compensatory or punitive damages. Individuals may also file a civil action against an agency.
