This section describes existing statutes and recently enacted federal legislation and regulations concerning an agency's responsibility to provide access to technology for persons with disabilities. Executive Chamber Memorandum, April 11, 1996,--"Equal Access to State Agency Employment, Programs and Services for Individuals with Disabilities"--further clarifies State agency obligations.

Rehabilitation Act of 1973, as amended, Public Law 102-569, Section 504. Section 504 and resultant regulation, requires that the services, programs, and activities, including information services, of a covered entity which receives federal funds must be accessible to and usable by persons with disabilities, with or without "reasonable modifications" as necessary. It provides further that such entities not discriminate in the hiring, placement, and advancement of persons with disabilities, and shall make "reasonable accommodation" for their otherwise qualified employees with disabilities.

Current requirements of the New York State Public Officers Law augment Section 504, requiring that public meetings, hearings, conferences, training sessions and other events be conducted by State agencies in facilities which offer barrier-free access for people with disabilities. Moreover, agencies must make auxiliary aids and services (e.g., assistive listening devices, interpreter services) available, as necessary, to allow people with all types of disabilities to participate on an equal basis.

Rehabilitation Act of 1973, as amended, Section 508. Section 508 of the Rehabilitation Act requires that employees with disabilities and citizens with disabilities have comparable access to electronic and information technology. "Electronic and information and technology" means any equipment, software, interface systems, operating systems, or interconnected system or subsystem of equipment used in the acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information. "Comparable access" means that individuals with disabilities must be able to produce and have access to the same equivalent information processing resources, with or without special peripherals, as individuals without disabilities.

The intent of this section is to:

• Ensure that people with disabilities can access and use the same databases and application programs as other people;
• Ensure that people with disabilities are supported in manipulating data and related information resources to attain equivalent end results as other people; and
• Ensure that when electronic office equipment is used, people with disabilities can transmit and receive messages in a manner that supports their disability and provides the capability to communicate with other users of the system.

Americans with Disabilities Act (ADA), Public Law 101-336. The Americans with Disabilities Act of 1990 (ADA) has adapted and extended many of the provisions of the Rehabilitation Act of 1973, as amended. The ADA provides, among other requirements, that State agencies must:

1. make "reasonable accommodation" to the known disabilities of an otherwise qualified persons with a disability, such that, that individual can perform the essential functions of their employment position; and,
2. ensure that their services, programs and activities are accessible to and usable by persons with disabilities, which may require an agency make "reasonable modifications."

To meet these obligations, agencies may be required to modify/adapt existing equipment or provide assistive technology devices based on the functional needs of an individual with a disability, that will enable individuals to equally participate in employment, or to insure that citizens with disabilities can equally access services, programs, and activities offered to the public, including access to information services. The ADA also requires that publicly financed public service announcements be closed captioned to afford persons with hearing impairments equal access to the information contained.

Telecommunications Act of 1996, Public Law 104-104. The Telecommunications Act requires that manufacturers of telecommunications equipment and customer premises equipment, ensure that the equipment is designed, developed, and fabricated to be accessible and usable by individuals with disabilities, if readily achievable.

Similarly, providers of telecommunications services must ensure that telecommunications services are accessible to and usable by individuals with disabilities, if readily achievable. The Architectural and Transportation Barriers Compliance Board ("Board") has formed an advisory board to develop guidelines in this area which are expected in 1997.

Hearing Aid Compatibility Act of 1988, Public Law 100-394. In June 1996, the Federal Communications Commission adopted rules to address the needs of telephone users with hearing disabilities. To be hearing aid compatible, the telephone receiver must contain an electromagnetic coil that emits a magnetic field. The Hearing Aid Compatibility Act of 1988 (HAC Act) requires that this magnetic coil be included in wireline telephones manufactured or imported for use in the U.S. after 1989, and after 1991 for cordless telephones. The new rules do not require employers to retrofit their inventory of telephones and establishments with fewer than 15 employees are exempt from retrofit requirements. Agencies should refer to the Department of Civil Service's publication Implementing Reasonable Accommodation in New York State Agencies in responding to an employee's request to replace existing equipment.

The new rules also require, as of November 1, 1998, volume controls for newly acquired and replacement telephones in workplaces, confined settings and hotels and motels. Agencies should consider this requirement when planning future acquisitions.

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