Speaking Out About Inaccessible Technology ITTATC Audioconference July 21, 2004 1:00 to 3:00 PM ET

Speaking Out About Inaccessible Technology

ITTATC Audioconference

July 21, 20041:00 to 3:00 PM ET

Information Technology Technical Assistance and Training Center

www.ITTATC.orgToll free: 866-9ITTATC (948-8282) (Voice/TTY)

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:

To…

InformationTrainingTechnical Assistance Industry

TrainersState officialsConsumers

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ITTATC AudioconferenceJuly 21, 2004

Copyright © 2004 Georgia Tech Research Corporation (GTRC)

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

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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…

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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)

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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

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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

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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

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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.”

The Basics of Speaking Out

How to Complain Effectively

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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

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Before you speak out…

• Be polite but firm• Praise the good features• Know when it is time to move on to

legal remedies

Your Legal Rights

An Overview of Federal Laws

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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

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• 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

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• 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

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• 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

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• 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


• Requires video program distributors and providers to meet a schedule for closed captioning of new, older and Spanish language programming

• Enforced by the FCC

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• 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

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• 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

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• 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

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• 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

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• 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


• Complain to your state’s TRS provider and then to the FCC

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• 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

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• 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



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• 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



Which Complaint Procedure Applies to You

How to Decide

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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

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• 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

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• Televised information?– Section 713 of the Communications

Act– Television Decoder Circuitry Act– Televised Emergency Programming

Rules

Scenarios Involving Inaccessible Technology

Which Procedures Apply and Sample Letters

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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

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• Telecommunications?• Job-related technology?• Technology used in a government-

funded program or activity?• Technology provided by or

used to access private businesses?• Televised information?

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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!

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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

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Sample Letter of ComplaintFederal Website

Your Street AddressYour City, State, Zip CodeJanuary 28, 2004 Some Federal AgencyPublic Communication Division123 G Street, NWWashington, 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

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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


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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


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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


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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 ChiefSome Federal Agency123 G Street, NWWashington, D.C. 20520

John JohnsonProcurement ExecutiveSome Federal Agency123 G Street, NWWashington, D.C. 20520

• Tell them the best way to contact you

• Propose a deadline for their response

• Copy the appropriate senior management

• Managers of the technology and procurement departments are particularly relevant


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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

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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

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• 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!

Cordless Phone

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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

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Sample Letter of ComplaintCordless Phone

Your Street AddressYour City, State, Zip CodeJanuary 28, 2004 Phonecorp Customer Service Center987 Telecom WayCarrier, 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

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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.




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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.



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Margaret Aural Margaret Aural

cc: Jane Smith

Director of Product DevelopmentPhonecorp987 Telecom WayCarrier, NY 12345-3456

John JohnsonChairman & CEO, Consumer ProductsPhonecorp987 Telecom WayCarrier, NY 12345-3456




• Managers of the product development and consumer departments are particularly relevant


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• If you cannot resolve the problem by working with the business…

File an informal (or formal) complaint with the FCC

Cordless Phone

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Copier at a County Library

• Person who uses a wheelchair• Wants to use library’s copier to copy

pages in books and magazines• Copier is too high for use by a seated

person• Control panel is difficult to read from

a seated position

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• Related to government-funded program or activity

• Our choices are:– ADA Title II (public transit) no– Section 508 does not involve Federal

government– Section 504 only if the County library

receives Federal financial assistance

– ADA Title II (state or local govt.) Bingo!


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Your Street AddressYour City, State, Zip CodeJanuary 28, 2004 Some County Public Library SystemDirector, Library Department123 Main Street, SEPleasantville, OH 45678 To whom it may concern: Re: Copiers at Central Branch of County Public Library System On January 25th, 2004, I tried to use the copiers that are located at the central branch of the County library. Unfortunately, as a person who uses a wheelchair, I cannot use the copiers because they are too high and their control screens are too difficult to read from where I sit. I am interested in working with you to make them more accessible (or to find new copiers that are accessible) so people with lower mobility impairments can enjoy the use of the copiers at all branches of the County library system.

• Introduce yourself as a member of the public

• State the accessibility problem and your willingness to work with the County government

Sample Letter of ComplaintCopier at a County Library

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Specifically, I find it difficult to place and retrieve documents on the glass surface of the copier because the surface is located above the height of my shoulder. When I do manage to place the book on the copier, it often is not centered exactly right. I also have difficulty reaching and lowering the document cover. In addition, the screen that controls the number of copies and the types of paper is an LCD screen, which is impossible to read from my angle of sight. Typically, with this type of screen, the user must view it from directly overhead so the letters and numbers are legible.




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Because I cannot use the copiers, I have to do one of the following to record the information I need: (1) make handwritten notes (or type the information into my laptop computer), or (2) ask the librarian or another patron of the library to make copies for me. When I conduct research, I often need to return to the copier several times during the course of one visit to the library. Having to continually request assistance from employees who have other tasks or library patrons who have their own work is both difficult and demeaning. Although I want to be able to complete my research independently, I am unable to do so because of the limitations presented by your copiers. Not being able to use the copier on my own severely limits my ability to use the information that is found in reference books and journals since these resources cannot leave the library.



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There are ways to make your copiers more accessible to me and other people who use wheelchairs. For instance, some copiers can be controlled by a PC that is attached to the copier. When the PC is located near the copier on a table at a suitable height, a user in a wheelchair can select the desired options, e.g., the number of copies and the type of paper, that are usually accessed through the standard (but inaccessible) control panel. There are also document feeders that operate in a similar fashion, i.e., through a separate component that provides the desired functionality of capturing the document image, but which can be located and operated at a lower height.

When the library replaces the existing copiers, accessibility features should be a mandatory part of the procurement specifications, and, when possible, fully accessible copiers should be purchased from the start. I am ready and willing to work with the County to help you find a solution to the immediate problem – and to help you define accessibility requirements for future purchases of copiers. (I also can help you assess the accessibility of different copiers during the proposal evaluation phase of the procurement.)



• If you can, offer to help the government department to define accessibility requirements and to test technology that is being considered for purchase

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Title II of the ADA requires state and local governments to give people with disabilities an equal opportunity to benefit from all of their programs, services, and activities. State and local governments are required to undertake methods that result in making their services, programs, and activities readily accessible and usable by people with disabilities unless doing so would result in an undue burden to the government or a fundamental alteration to the program. One way that a public entity may comply with Title II is by redesigning equipment to make it accessible to people with disabilities. In this case, making your copiers accessible to people with disabilities would not result in an undue burden or a fundamental alteration of the library service.

In addition, Section 504 of the Rehabilitation Act states that people with disabilities will not be denied the benefits of a program or activity that receives Federal financial assistance. If the County library receives any Federal financial assistance, Section 504 also would apply to this situation.



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Reid Moore Reid Moore

cc: Jane Smith

Director of Information TechnologySome County Government123 Main Street, SEPleasantville, OH 45678

John JohnsonDirector of Procurement ServicesSome County Government123 Main Street, SEPleasantville, OH 45678




• Managers of the technology and procurement departments are particularly relevant


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• If you cannot resolve the problem by working with the County government…– You can file a Title II complaint with the U.S.

Department of Education or the U.S. Department of Justice

• Public entities that have 50 or more people are supposed to adopt a grievance procedure and designate an employee to carry out Title II responsibilities

• DOJ has delegated the handling of different kinds of ADA complaints to different federal agencies. The Dept. of Ed. handles library complaints, but you can also file with DOJ, which will then refer the complaint to the appropriate agency

– You can file a private lawsuit in Federal court


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Telephone Banking System

• Woman who is hard of hearing and has severe arthritis

• Wants to use telephone banking system to process account transactions and inquire on her credit card

• Must go through complicated interactive response telephone menu system and enter 18-digit number to access her account

• There is limited time to receive and respond to voice menu prompts

• No easy way to bypass the automated prompts

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• Related to:– Telecommunications and – Technology provided by or used to

access a private business

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• Our telecommunication choices are:– HAC Act no hearing aid involved– Title IV does not involve TRS– Section 508 does not involve Federal

government– Section 255 Maybe if you can figure out the

name of the manufacturer or service provider that provides the system to the bank

• Our private business choice is:– Title III Bingo!

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Sample Letter of ComplaintTelephone Banking System

Your Street AddressYour City, State, Zip CodeJanuary 28, 2004 Bankcorp Customer Service Center100 Corporate DrivePalmdale, CA 12345-3456 To whom it may concern: Re: account number 1234-5678-9012-3456-78 I have been a customer of Bankcorp for 10 years. On many recent occasions, I have tried to use your telephone banking system using the 1-800-555-1234 phone number. While this system may be very convenient to many of your customers, as someone who is hard of hearing and has severe arthritis, the telephone-based service is not very accessible to me. I am interested in working with you to make it more accessible to people with disabilities so they can enjoy the convenience of telephone banking too.

• Introduce yourself as a customer

• State the accessibility problem and your willingness to work with the company

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Because I am hard of hearing, it is difficult for me to hear long automated messages that are fast. In order to understand the various messages and prompts that your telephone banking system provides, I am often forced to call the system multiple times for a single transaction. In addition, as I have aged, my arthritis has worsened, making it very difficult for me to enter long series of numbers on telephone keypads. The telephone banking system asks me to enter an 18-digit code in order to access my account (and it limits the amount of time I have to enter the 18-digits), so typically I am not able to quickly and accurately enter the code as required by the system. When the time limit expires, I am prompted to enter the code again, starting from the first number because none of my previous entries are remembered.



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Because I cannot use the telephone banking system I am forced to visit my local bank branch to conduct nearly all of my account transactions. These transactions include transferring money between accounts, checking my current balances, and clarifying details on my bank statement. I must use public transportation to reach the local branch, and because of the infrequent scheduling of stops, each time I visit the bank I must set aside 3 hours to allow for travel to and from the location. If I could use the telephone banking system, these types of transactions could be completed in minutes.

There are many ways you can make your telephone banking system accessible to me and other people with disabilities. At the start of the call, the system should allow the customer to exit out of the standard menu-based system in a quick and easy manner. For instance, if I could press one key and be redirected to a live person who would address my inquiries, then I would no longer be locked out of the telephone-based system. Other options may be to program the system so that it understands selections that are spoken by the customer, or to allow customers to press a key that would provide more time to respond to the prompts.



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There are two laws that require you to provide access to your telephone systems. First, Title III of the Americans with Disabilities Act requires banks and other places of public accommodation to make their services accessible to people with disabilities. More specifically, these private businesses must provide reasonable modifications to their services unless doing so would result in an undue burden to the businesses or a fundamental alteration of those services. Because there are technological and other solutions for making your automated answering systems accessible, doing so would result in neither an undue burden for your bank nor a fundamental alteration of these services.

Second, 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. If Bankcorp developed this system, the law applies directly to your company. If Bankcorp bought the system from a technology vendor, then I would like to pursue resolution of this matter with the vendor and I would appreciate knowing the appropriate contact information.


• Try to determine which company developed the technology

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Nancy Jones Nancy Jones

cc: Jane Smith

Chief Operations and Technology OfficerBankcorp123 Wall StreetNew York, New York 10043

John JohnsonChairman & CEO, Consumer ServicesBankcorp123 Wall StreetNew York, New York 10043




• Managers of the technology and consumer departments are particularly relevant

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• If you cannot resolve the problem by working with the bank…– File an ADA: Title III complaint with the U.S.

Department of Justice against the bank– If you can find out who manufactured the

automated telephone system, file a Communications Act: Section 255 informal (or formal) complaint with the FCC against the manufacturer or service provider

Information Technology Technical Assistance and Training Center

www.ITTATC.org

Toll free: 866-9ITTATC (948-8282) (Voice/TTY)

Documents

Speaking Out About Inaccessible Technology ITTATC Audioconference July 21, 2004 1:00 to 3:00 PM ET