Skip to main content

US

Relevant Acts

The Americans with Disabilities Act is the legislation that states both ‘state and local government entities’ (Title II) and private/business entities (Title III) cannot discriminate against those with a disability. It’s more rigorous for the public sector and there are increased reporting requirements. It doesn’t mention digital accessibility specifically but its broad application includes physical and digital services and resources. 

Section508 is the legislation that applies to digital content. It applies to documents available online through websites, and therefore covers eBooks and open access monographs. 

It only applies to ‘federal agencies’ which includes any content that has received federal funding as part of its creation, to fund the research, the publication of the monograph, or the publisher has received federal funding to start up. To be compliant you have to meet the Web Content Accessibility Guidelines (WCAG) 2.0 AA accessibility standard, and this will be updated to require the Web Content Accessibility Guidelines (WCAG) 2.1 AA standard from 24th April 2026. There is no requirement to publish an accessibility statement.

The Nelson Memo also states that peer reviewed scholarly content should be available in such a format so that it is, “...enabling broad accessibility through assistive devices.”

Intepretation of whether these acts apply to small diamond open access publishers

Standards referenced in these acts and how they are audited

Web Content Accessibility Guidelines (WCAG) 2.1 AA

Agencies subject to Section 508 are required to report on the implementation of Section 508 to the Office of Management and Budget (OMB) and the General Services Administration (GSA) through the Annual Section 508 Assessment.

Exemptions

Legacy ICT 

Agencies may claim a ”Safe Harbor” for existing ICT that was accessible and compliant with the earlier standard on or before January 18, 2018 and has not been subsequently changed to affect interoperability, the user interface, or access to information or data. 

Functions Located in Maintenance or Monitoring Spaces 

This exception applies to status indicators and operable parts for ICT functions located in spaces that are frequented only by service personnel for maintenance, repair, or occasional equipment monitoring. (Similar to the ”Back Office Exception” allowed under the original 508 Standards, but scope is more limited.)

Undue Burden and Fundamental Alteration

Conformance is required only when it does not impose an undue burden, or result in a fundamental alteration in the nature of the ICT. Use this exception only in rare circumstances, where the cost to make ICT fully conform with the Standards would consume a significant amount of available program resources, or when conformance would present substantial difficulty. To use this exemption, you must:

  • Decide that conformance to the Standards would impose an undue burden;

  • Assess costs relative to resources if claiming the exception based on expense; and

  • Assess the difficulties in achieving conformance to claim the exception based on difficulty.

  • Contact the US Access Board for guidance on how to evaluate the applicability of an exception for undue burden. 

There is no mention of micro-organisations in US legislation.

How to evidence undue burden

Disproportionate Burden Assessments

What Makes a ‘Good’ Disproportionate Burden Assessment?

More information:

Examples:

Copyright in the US is covered by chapters 1 through 8 and 10 through 12 of Title 17 of the United States Code. Exceptions to copyright are required under international legislation covered by the Marrakesh Treaty for print disabled/visually impaired people. This international law does not cover other impairments, such as dyslexia, but the US’s Section 121 (Chafee Amendment) does. This permits ‘authorised entities’ to make accessible copies for ‘eligible persons’.

Back to top