Section 508 Compliance, Explained

In the 1970s, U.S. lawmakers recognized the need to create laws that protected the rights of individuals with disabilities. This ultimately laid the groundwork for key accessibility laws, including the Americans with Disabilities Act(opens in a new tab) (ADA) and the Rehabilitation Act of 1973(opens in a new tab).

As time went on, lawmakers saw the need to update the Rehabilitation Act to address the rapid changes happening in technological development and ensure equal access to online spaces for individuals with disabilities. This led to the introduction of Section 508 in 1998. 

Below, we’ll provide an overview of what Section 508 is, who must comply, what the requirements include, and how your business can maintain 508 compliance.

What is Section 508 compliance?

Section 508 is an amendment to the Rehabilitation Act of 1973, which was the first federal law in the U.S. to prohibit discrimination against individuals with disabilities. 

As mentioned above, Congress passed the amendment to establish technical requirements for making websites, operating systems, emails, web-delivered documents, and other information and communication technology (ICT) accessible to people with disabilities as well as members of the public. Section 508’s technical requirements are based on the Web Content Accessibility Guidelines(opens in a new tab) (WCAG), the international standards for website accessibility.

Section 508 applies to all electronic communication, including:

• Every page on every public-facing website.

• All online forms.

• All telecommunications.

• All internal and external emails.

• All software and applications, including mobile apps.

• All online training resources.

• All job application pages.

• All digital documents, such as PDFs.

Who Must Comply with Section 508?

Any federal agency must ensure its ICT is accessible to individuals with disabilities. This includes:

• Federal agencies: All departments, all ICT

• Federal contractors and subcontractors: Any size, any contract value, if delivering ICT to the federal government.

• Organizations receiving federal funding: State/local governments, universities, medical centers, nonprofits, when ICT is funded or required by a federal grant.

Enforcement is handled by each federal agency for its own contracts and grantees, not by a central authority such as the DOJ for ADA matters.

Exemptions for Section 508 Compliance

There are some listed exceptions for Section 508 compliance(opens in a new tab). For example, technology operated by agencies as part of a national security system is not covered.

The law also makes an exception if conformance would impose an “undue burden” or require a “fundamental alteration” of functionality. 

For example, suppose an agency uses legacy billing software that fails to meet Section 508 standards. In that case, the agency may be able to prove that upgrading to compliant software would be too expensive and time-consuming. However, they would need to show that they’d purchased the software before 2017, when the Section 508 standards were updated.

Section 508 Refresh Act

In July 2024, a group of Senate Democrats introduced the Section 508 Refresh Act to modernize federal accessibility requirements. The bill would reform the Section 508 complaint process, require federal agencies to include people with disabilities in technology testing and acquisition, mandate dedicated Section 508 compliance officers at each agency, and establish uniform procurement accountability standards for accessible technology. It would also direct the U.S. Access Board to update the underlying technical standards.

While the Refresh Act did not advance before the 118th Congress ended in January 2025, it signals the direction of federal accessibility policy and reflects growing recognition that the current standards (last updated in 2017 to incorporate WCAG 2.0) need modernization. 

Organizations subject to Section 508 should monitor whether the bill is reintroduced and consider WCAG 2.2 conformance as a forward-looking best practice.

What are the Section 508 Compliance Requirements?

Section 508 requires ICT to conform to WCAG 2.0 Level AA for web content, software, and digital documents. There are several requirements, covering keyboard accessibility, alternative text for images, captions for multimedia, sufficient color contrast, and screen reader compatibility. Hardware and non-digital ICT have additional physical accessibility requirements.

These standards are defined by WCAG, which Section 508 incorporates by reference as its technical baseline.

How Section 508 Relates to WCAG

WCAG is the global technical standard for web accessibility, published by the World Wide Web Consortium (W3C), and it forms the technical foundation of Section 508 compliance. Section 508 incorporates WCAG 2.0 Level AA by reference, making it the baseline for digital content compliance.

WCAG is built on four principles: content must be Perceivable, Operable, Understandable, and Robust (POUR). Requirements are organized into three conformance levels: A, AA, and AAA. Section 508 requires Level AA.

For a full breakdown of WCAG principles, success criteria, and conformance levels, visit our WCAG compliance guide.

Section 508 vs. ADA: Which Applies to You?

Section 508 overlaps with the Americans with Disabilities Act (ADA), which also prohibits discrimination against people with disabilities. The two laws primarily differ in who they apply to and how they’re enforced. 

Section 508 applies to federal agencies and any organization that receives federal funding, including contractors and suppliers. The ADA applies to private businesses open to the public, with Title III requiring that websites, electronic documents, and mobile apps be accessible to people with disabilities. Failing to comply can result in an ADA compliance lawsuit and extensive legal fees.

The key distinction comes down to your organization's relationship with the federal government. Federal agencies must comply with Section 508, and likely ADA Title II if they are a state or local entity. Private businesses contracting with the federal government must comply with Section 508 for deliverable ICT, and may also need to comply with ADA Title III for their own public-facing properties. Private businesses with no federal contracts or funding are not subject to Section 508 and should focus on ADA Title III instead.

What is a Voluntary Product Accessibility Template (VPAT)?

A Voluntary Product Accessibility Template (VPAT) is a document that demonstrates how a product conforms to Section 508 accessibility standards. VPATs are typically required during federal procurement to help agencies assess whether ICT meets compliance requirements before purchase.

The General Services Administration (GSA)(opens in a new tab) recommends that vendors produce a VPAT for any technology marketed to the federal government, federal employees, and related organizations. 

Why Websites Need to Be 508 Compliant

Every organization has an ethical and legal responsibility to accommodate users with disabilities. But following WCAG has benefits outside of compliance: 

• Websites that follow WCAG provide a better experience for all users. That means better word of mouth and more engagement.

• Accessibility best practices align with those of search engine optimization (SEO).

• Prioritizing accessibility and usability can help businesses improve customer and employee retention rates.

• Accessible design prioritizes clean code and markup. That can mean lower long-term costs for website development and maintenance.

Additionally, poor accessibility can negatively impact your audience engagement, send customers into the arms of your competitors, or even come with legal risk.

What’s the Risk of Non-Compliance?

Failure to be 508 compliant isn't just a regulatory oversight. It carries substantial legal and reputational risks. Federal contractors also risk losing existing contracts or being excluded from future procurement opportunities.

High-profile cases include:

• NAD v. Harvard University(opens in a new tab): Harvard settled for over $1.5 million after failing to provide accurate captioning for online course materials.

• DRA v. University of California, Berkeley(opens in a new tab): UC Berkeley agreed to overhaul its accessibility policies after failing to provide accessible documents for students.

• NFB v. Los Angeles Community College District(opens in a new tab): A federal jury found the LACCD discriminated against two blind students across 14 counts, including inaccessible websites and course materials, awarding $242,500 in damages.

Web accessibility lawsuits have continued to rise in recent years, with over 3,100 filings in 2025 alone(opens in a new tab). Organizations that prioritize Section 508 compliance not only reduce legal risk but also ensure their digital content is accessible to the widest possible audience.

How to Maintain Section 508 Compliance

Maintaining Section 508 compliance requires a long-term strategy built on regular testing, ongoing monitoring, and timely fixes of accessibility issues. Organizations that treat compliance as a continuous program rather than a one-time audit are better positioned to meet evolving standards and reduce legal exposure. 

That’s where AudioEye comes in, combining automated monitoring with expert audits from the disability community to help federal agencies and contractors maintain compliant digital properties over time.

Check your site against Section 508 standards with a free scan →