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Memorandum: IMPLEMENTATION OF SECTION 508 (REVISED) OF THE REHABILITATION ACT OF 1973 (29 U.S.C.794d)

TO: All EPA Employees

FROM: Karen Higginbotham
Director, Office of Civil Rights

The purpose of this memorandum is to again outline the process for an EPA employee or member of the public with a disability to file a Section 508 complaint. This memorandum supersedes the January 2002 memorandum issued by Ann E. Goode, Director, Office of Civil Rights. The Rehabilitation Act of 1973 (29 U.S.C. 794d) prohibits discrimination in federal employment and in federally conducted programs and activities on the basis of disability. Revised Section 508 (of the Act) standards require all federal agencies to ensure development, procurement, maintenance, or use of electronic and information technology to be accessible to people with disabilities, unless it would cause an undue burden to do so. Federal employees and members of the public who have disabilities must have access to and use of information and services that are comparable to the access and use available to non-disabled federal employees and members of the public. Examples of electronic information technology include, computers, telephones, and copying machines.

Federal agencies must comply with these standards for all electronic and information technology acquired on or after June 21, 2001. Technology developed or acquired for a federal agency by a contractor must also comply with the standards. If a federal agency determines compliance with Section 508 standards would pose an undue burden, the agency must still provide information and data to individuals with disabilities through an alternative means of access that can be used by the individuals. (Example: It may not be possible to make a photo copier accessible to a person who is blind or has low vision. The instruction panel on the machine may be too small for viewing. An alternative means of access might include posting the instructions for use of the copier in braille next to the copier machine.)

Section 508 complaints will be processed utilizing the same complaint process that is used for complaints alleging discrimination on the basis of disability in federally conducted programs or activities (Section 504 of the Rehabilitation Act). The process provides injunctive relief and attorney's fees to the prevailing party. However, it does not include compensatory or punitive damages. Individuals may also file civil actions against an agency.

EPA employees and members of the public with disabilities wishing to file Section 508 complaints, may use the following administrative process:

  1. Headquarters personnel may contact EPA's Office of Civil Rights at (202) 554-7272 (Voice), or (202) 501-1822 (TTY), within 45 days of the alleged discriminatory incident. An EEO Counselor will be assigned to attempt to facilitate resolution of your issue(s) during the informal process. Regional employees, lab employees and employees at RTP and CINCY wishing to file a Section 508 complaint should contact their respective regional Equal Employment Officer or Civil Rights Office.

  2. If attempts to informally resolve the complaint are unsuccessful, you will be given a written notice of final interview. You have 15 days from receipt of this notice to submit your formal complaint in writing. You may submit your complaint by mail, or in person. Formal complaints must be signed and in writing. The mailing address for the Environmental Protection Agency is:

    U.S. Environmental Protection Agency
    Office of Civil Rights
    1200 Pennsylvania Avenue, N.W.
    (Mailcode:1201A)
    Washington, D.C. 20460

  3. Alternative Dispute Resolution (ADR) is a term used to describe a variety of approaches to resolving conflict rather than traditional adjudication methods or adversarial methods, such as the agency's administrative processing. ADR can be used in any stage of the complaint process.

If you have questions, or need additional information on Section 508 standards, contact Keith Bailey, Persons with Disabilities Program Manager, at (202) 564-7284 or Bill Haig, Reasonable Accommodation Coordinator, at (202) 202-564-7959.

 

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