Speaking Out About Inaccessible Technology

1. Speaking Out About Inaccessible Technology ITTATC Audioconference July 21, 20041:00 to 3:00 PM ET

2. Toll free: 866-9ITTATC (948-8282) (Voice/TTY) www.ITTATC.org Information Technology Technical Assistance and Training Center ITTATC promotes the development of accessible electronic and information technology products and services related to Section 508 of the Rehabilitation Act and Section 255 of the Telecommunications Act by providing: Information Training Technical Assistance Industry Trainers State officials Consumers To…

3. Thanks to our Co-sponsors • The Law, Health Policy, & Disability Center at the University of Iowa • The Evert Conner Center for Independent Living • The California Foundation for Independent Living Centers • Telecommunications for the Deaf, Inc. • National Association of the Deaf • Self Help for Hard of Hearing People, Inc. • American Foundation for the Blind

4. Your “Speak Out” resource includes… • The basics of speaking out • An overview of your legal rights • How to decide which complaint procedure applies to you • Where to go for legal info and help • Templates for letters of complaint, and • Step-by-step instructions for…

5. The following complaint procedures… The Rehab Act Section 501 (Federal employment) Section 504 (Federally funded programs) Section 508 (Federal EIT) The (Tele) Communications Act Section 255 (telecom) Section 713 (captioning)

6. The following complaint procedures… The ADA Title I (employment) Title II (state and local govt. programs) Title II (public transportation) Title III (public accommodations) Title IV (TRS) Hearing Aid Compatibility Act Television Decoder Circuitry Act Televised Emergency Programming Rules

7. Today’s Agenda • The basics of speaking out • Overview of your legal rights • How to decide which complaint procedure applies to you • Run-through of various scenarios involving inaccessible technology • Question and answer period • Letter writing session

8. Today’s Agenda • Run-through of various scenarios involving inaccessible technology • Inaccessible Federal website • Cordless phone that interferes with a hearing aid • Inaccessible copier at a county library • Inaccessible telephone banking system

9. Disclaimer • ITTATC does not provide legal advice! • If you need legal advice on your specific situation, contact an attorney or one of the organizations mentioned in the section called, “Where to go for legal information and help.”

10. The Basics of Speaking Out How to Complain Effectively

11. Before you speak out… • Understand the accessibility problem • Consider the solutions • Gather documentation • Figure out who should receive your complaint • Understand your legal rights • Be persistent

12. Before you speak out… • Be polite but firm • Praise the good features • Know when it is time to move on to legal remedies

13. Your Legal Rights An Overview of Federal Laws

14. Some Federal laws that apply to technology… • The Rehabilitation Act of 1973 (as amended in 1998) • Section 501 • Applies to employees and applicants of the executive branch of the Federal government • Pertains to employment discrimination; uses ADA standards • Must have a disability to file a complaint • Requires reasonable accommodation • Applies to technology: • Used to perform your job • That enables you to enjoy equal benefits and privileges of employment, such as training, credit unions, cafeterias, etc. • Used during the application process • Enforced by the EEOC

15. Some Federal laws that apply to technology… • The Rehabilitation Act of 1973 (as amended in 1998) • Section 504 • Applies to programs and activities that receive Federal financial assistance or those that are conducted by any Federal executive agency • Includes organizations that provide: • Education • Health care • Housing • Social services • Parks and recreation • Applies to technology that supports these types of organizations • Must have a disability to file a complaint • Requires reasonable accommodation • Each Federal agency has its own set of 504 regulations • Enforced by individual Federal agencies

16. Some Federal laws that apply to technology… • The Rehabilitation Act of 1973 (as amended in 1998) • Section 508 • Applies to Federal employees and members of the public who cannot access Federal information • Must have a disability to file a complaint • Complaint procedure applies to technology purchased by the Federal government after June 21, 2001 • Access Board has defined accessibility standards that cover: • Computer hardware and software • Telecommunications products, such as telephones and pagers • Information kiosks and transaction machines, such as ticket transaction machines • World Wide Websites, including both intranet and internet information and applications • Multimedia, such as instructional videos and Flash animations • Office equipment, such as copiers and fax machines • Promotes accessibility for all vs. accommodation of the individual • Enforced by individual Federal agencies

17. Some Federal laws that apply to technology… • The Communications Act of 1934 and the Telecommunications Act of 1996 • Section 255 • Applies to anyone who uses telecommunications equipment and services • You do not have to have a disability to file a complaint • Requires companies to make their telecommunications products and services accessible to and usable by p.w.d. and compatible with peripheral devices and specialized CPE, if readily achievable • Access Board has defined accessibility standards that cover: • Telecommunications equipment, such as telephones (including wireless and cordless), fax machines, answering machines, and pagers • Telecommunications services, such as regular telephone calls, call waiting, speed dialing, and call forwarding • Voice mail systems and interactive voice response (IVR) systems • Promotes accessibility for all vs. accommodation of the individual • Complain to the company and then to the FCC

18. Some Federal laws that apply to technology… • The Communications Act of 1934 and the Telecommunications Act of 1996 • Section 713 • Applies to anyone who has discovered poor or missing captions on a television program • You do not have to have a disability to file a complaint • Requires video program distributors and providers to meet a schedule for closed captioning of new, older and Spanish language programming • Enforced by the FCC

19. Some Federal laws that apply to technology… • The Americans with Disabilities Act of 1990 • Title I • Applies to employees and applicants of: • Private employers with 15 or more employees • State and local governments • Congress and other entities in the legislative branch of the Federal government • Pertains to employment discrimination • Must have a disability to file a complaint • Requires reasonable accommodation • Applies to technology: • Used to perform your job • That enables you to enjoy equal benefits and privileges of employment, such as training, credit unions, cafeterias, etc. • Used during the application process • Enforced by the EEOC

20. Some Federal laws that apply to technology… • The Americans with Disabilities Act of 1990 • Title II (Subtitle A) • Applies to programs, services, and activities offered by state or local governments, such as public education, employment, transportation, recreation, health care, social services, courts, voting, and town meetings • Applies to technology that supports these types of programs and activities • Must have a disability to file a complaint • Requires reasonable accommodation • Enforced by the DOJ

21. Some Federal laws that apply to technology… • The Americans with Disabilities Act of 1990 • Title II (Subtitle B) • Covers public transportation services, such as city buses and public rail transit (e.g., subways, commuter rails, and Amtrak) • Applies to technology that supports these types of transportation services • Must have a disability to file a complaint • Requires reasonable accommodation • Enforced by the Federal Transit Administration

22. Some Federal laws that apply to technology… • The Americans with Disabilities Act of 1990 • Title III • Covers businesses and non-profit service providers that are “public accommodations” such as: • Restaurants • Retail stores • Hotels • Movie theaters • Private transportation services • Applies to technology that supports these types of accommodations • Must have a disability to file a complaint • Requires reasonable accommodation • Enforced by the DOJ

23. Some Federal laws that apply to technology… • The Americans with Disabilities Act of 1990 • Title IV • Applies to telecommunications relay services (TRS) and closed captioning of federally funded public service announcements • Requires provision of TRS “24 / 7” at no extra cost to callers • You do not have to have a disability to file a complaint • Complain to your state’s TRS provider and then to the FCC

24. Some Federal laws that apply to technology… • The Hearing Aid Compatibility (HAC) Act of 1998 • Applies to wireline and cordless telephones that are not HAC or that do not have volume control • Starting in 2005: Phase-in of HAC requirements for certain digital wireless telephones • You do not have to have a disability to file a complaint • Complain to the company and then to the FCC

25. Some Federal laws that apply to technology… • The Television Decoder Circuitry Act of 1990 • Requires built-in circuitry that receives and decodes closed captions in: • Televisions with screens 13 inches or greater • Digital television receivers with screens 7.8 inches or larger • PCs with TV cards if screens are 13 inches or larger • You do not have to have a disability to file a complaint • Complain to the company and then to the FCC

26. Some Federal laws that apply to technology… • Televised Emergency Programming Rules • Requires television-program distributors to make televised emergency programming accessible to people who are deaf, hard of hearing, blind, or have low vision • Emergency programming covers protection of life, health, safety, or property • You do not have to have a disability to file a complaint • Complain to the company and then to the FCC

27. Which Complaint Procedure Applies to You How to Decide

28. Does the problem involve… • Telecommunications? • Hearing Aid Compatibility Act • Section 255 of the Communications Act • ADA Title IV • Section 508 of the Rehabilitation Act • Job-related technology? • Section 501 of the Rehabilitation Act • Section 508 of the Rehabilitation Act • ADA Title I

29. Does the problem involve… • Technology used in a government-funded program or activity? • Section 504 of the Rehabilitation Act • Section 508 of the Rehabilitation Act • ADA Title II (both sections) • Technology provided by or used to access private businesses? • ADA Title III

30. Does the problem involve… • Televised information? • Section 713 of the Communications Act • Television Decoder Circuitry Act • Televised Emergency Programming Rules

31. Scenarios Involving Inaccessible Technology Which Procedures Apply and Sample Letters

32. Federal Website • A retiree with vision loss and hand tremors • Wants to access information that is posted to a Federal agency’s website • The website was developed by a consultant who was hired to start work August 16, 2001

33. Does the problem involve… • Telecommunications? • Job-related technology? • Technology used in a government-funded program or activity? • Technology provided by or used to access private businesses? • Televised information?

34. Federal Website • Related to government-funded program or activity • Our choices are: • ADA Title II (state or local govt.)  nope! • ADA Title II (public transit)  nah! • Section 504  yes, if the website is produced by a Federal executive agency • Section 508  Bingo!

35. Federal Website • The general principle when more than one law seems to apply • When you have a general law (e.g., Section 504) and a more specific law (e.g., Section 508) covering the same issue, it is generally better to use the more specific (and often stronger) statute

36. Sample Letter of ComplaintFederal Website Your Street Address Your City, State, Zip Code January 28, 2004 Some Federal Agency Public Communication Division 123 G Street, NW Washington, D.C. 20520 To whom it may concern: Re: Travel advisories posted to www.fedsite.gov On several occasions over the past year, I have tried to access the travel advisory information that is posted on the www.fedsite.gov website. Unfortunately, as a retiree who is starting to feel the effects of aging (i.e., some vision loss and hand tremors), I have found that your website is not very accessible to me. I am interested in working with you to make it more accessible to senior citizens such as myself so all people can enjoy the convenience of web-based travel advisories. • Introduce yourself as a member of the public • State the accessibility problem and your willingness to work with the Federal agency

37. Sample Letter of ComplaintFederal Website There are a couple of buttons on the web page that are identified only through the use of color, i.e., “Click the green button to search,” but given my low level of vision, I am not able to easily discern where the applicable buttons are located. In addition, because of my vision loss, I can only read information on web pages that is in a large font with good contrast. The fonts and color choices that are used on your web page make it very difficult for me to read the posted information. A friend helped me setup my own style sheet that specifies how I prefer to view web pages, i.e., in an extra large font with white characters on a black background, but your website is setup to override my style sheet. Because I cannot use the travel advisory website, I must call your office to learn about the warnings and other updates that apply to my travel destination. This phone call is long-distance for me, and many times I am placed on hold for 10 – 15 minutes before I reach a representative. If I could use the web-based travel advisory page, I could learn this important information in a few minutes and save myself time and long-distance phone charges. • Describe how your functional limitation affects your ability to use the system • Describe what happens and what does not happen • Describe the personal hardship that results from your inability to use the technology

38. Sample Letter of ComplaintFederal Website To resolve the problem, I would appreciate some modifications to the www.fedsite.gov website. The buttons that are identified only by color should also include text that describes their purpose. For instance, the green button that is used to start the search function could be labeled with the word “Start” or “Go” so I have another way to locate the appropriate button. In addition, your web developers should make whatever changes are necessary so that their web page specifications do not interfere with my style sheet settings. • Suggest some solutions to the accessibility problem

39. Sample Letter of ComplaintFederal Website Section 508 of the Rehabilitation Act requires Federal agencies to procure, develop, maintain, and use electronic and information technology that adheres to certain accessibility standards. The purpose of the law is to ensure that members of the public with disabilities have access to the same information and technologies as members of the public without disabilities. It is my understanding that your agency hired a consultant to develop the travel advisory web page in August of 2001, which means that the law is enforceable via the complaint procedure. In addition, Section 504 of the same act states that people with disabilities may not be denied the benefits of a program or activity that is conducted by any Federal executive agency. This law also requires that your website be accessible to me and other people with disabilities. • If you know them, list the laws that may be violated

40. Sample Letter of ComplaintFederal Website • Tell them the best way to contact you • Propose a deadline for their response Please contact me at the above address or by phone at 555-555-6789 (home) to discuss this issue. I would appreciate a reply by March 1, 2004. I look forward to working with you on a resolution to my accessibility problem. Sincerely, Webster Jones Webster Jones cc: Jane Smith Information Technology Division Chief Some Federal Agency 123 G Street, NW Washington, D.C. 20520 John Johnson Procurement Executive Some Federal Agency 123 G Street, NW Washington, D.C. 20520 • Copy the appropriate senior management • Managers of the technology and procurement departments are particularly relevant

41. Federal Website • If you cannot resolve the problem by working with the Federal agency… • You can bring a Section 508 complaint with the applicable federal agency • You can bring a civil action in Federal Court for an agency’s noncompliance

42. Cordless Phone • Man who is hard of hearing • He wears a hearing aid with a telecoil • He purchased a cordless phone that interferes with his hearing aid

43. Does the problem involve… • Telecommunications? • Job-related technology? • Technology used in a government-funded program or activity? • Technology provided by or used to access private businesses? • Televised information?

44. Cordless Phone • Related to telecommunications • Our choices are: • Title IV  does not involve TRS • Section 508  does not involve Federal government • Section 255  yes, but… • HAC Act  Bingo!

45. Cordless Phone • The general principle when more than one law seems to apply • When you have a general law (e.g., Section 255) and a more specific law (e.g., HAC Act) covering the same issue, it is generally better to use the more specific (and often stronger) statute • Section 255 is subject to the readily achievable defense, while the mandates under the HAC Act are absolute

46. Sample Letter of ComplaintCordless Phone Your Street Address Your City, State, Zip Code January 28, 2004 Phonecorp Customer Service Center 987 Telecom Way Carrier, NY 12345-3456 To whom it may concern: Re: Phonecorp cordless phone model 1357D On January 15th, 2004, I purchased a Phonecorp model 1357D cordless phone from Big Box electronics store. Unfortunately, I have found that it is not accessible to me because it interferes with my hearing aid. I am interested in working with you to make it more accessible to people who wear hearing aids so we can enjoy the convenience of using your cordless telephone. • Introduce yourself as a customer • State the accessibility problem and your willingness to work with the company

47. Sample Letter of ComplaintCordless Phone I use hearing aid model 123XY from the Opti-Hearing Company. Upon the recommendation of my audiologist, I made sure to buy a hearing aid with a telecoil when I was fitted for the device two years ago. Over the past two years, I have used a competitor’s cordless phone, and I had no problems with interference. Now, when I use the Phonecorp cordless phone, I am unable to hear the party I am trying to speak to because of a loud background tapping noise. I have determined that the interference is caused by the phone and not by other sources of electromagnetic interference because the interference disappears when I turn off and disconnect the phone. • Describe how your functional limitation affects your ability to use the system • Describe what happens and what does not happen

48. Sample Letter of ComplaintCordless Phone The Hearing Aid Compatibility Act requires all wireline and cordless telephones manufactured or imported for use in the United States to be compatible with hearing aids. In addition, Section 255 of the Communications Act requires manufacturers and providers of telecommunications equipment and services to make their technology accessible to and usable by people with disabilities, if readily achievable. Both of these laws apply to this situation. If you cannot make your cordless phone compatible with my hearing aid, I will request a refund and I will purchase another manufacturer’s product. In addition, I will report the incompatibility to the Federal Communication Commission. • If you know them, list the laws that may be violated

49. Sample Letter of ComplaintCordless Phone • Tell them the best way to contact you • Propose a deadline for their response Please contact me at the above address or by phone at 555-555-6789 (home) to discuss this issue. I would appreciate a reply by March 1, 2004. I look forward to working with you on a resolution to my accessibility problem. Sincerely, Margaret Aural Margaret Aural cc: Jane Smith Director of Product Development Phonecorp 987 Telecom Way Carrier, NY 12345-3456 John Johnson Chairman & CEO, Consumer Products Phonecorp 987 Telecom Way Carrier, NY 12345-3456 • Copy the appropriate senior management • Managers of the product development and consumer departments are particularly relevant

50. Cordless Phone • If you cannot resolve the problem by working with the business…File an informal (or formal) complaint with the FCC