What is the purpose of this guidance?
The purpose of this guidance is to convey NASA procedures regarding complaints of discrimination filed pursuant to section 508 of the Rehabilitation Act of 1973, as amended. This guidance applies only until such time as the agency issues finalized procedures for section 508 complaint processing.
What does the law require?
Section 508 of the Rehabilitation Act of 1973, as amended, requires all Federal agencies to make electronic and information technology developed, procured, maintained, or used by the agencies accessible to Federal employees and members of the public with disabilities, unless to do so would impose an undue burden. Section 508 covers all types of electronic and information technology in the Federal sector.
Federal agencies must be in compliance with the law six months after the Architectural and Transportation Barriers Compliance Board ("Access Board") has issued a final rule implementing section 508 and establishing compliance standards. The Access Board issued this rule on December 21, 2000, making June 21, 2001 the date for agency compliance.
Section 508(f) of the law authorizes individuals with disabilities to file complaints with any agency alleged to be in noncompliance with section 508 with respect to electronic and information technology procured on or after June 21, 2001.
To whom do the law's requirements apply?
Section 508 applies to all Federal departments and agencies. Section 508 does not apply directly to the private sector, nor does it impose requirements on recipients of Federal financial assistance.
Who is covered under the law?
Section 508 covers individuals with disabilities who are Federal employees or applicants for Federal employment. The law also covers members of the public seeking information or services from any Federal department or agency.
How will NASA process section 508 complaints from NASA employees or applicants for employment?
Section 508 complaints from NASA employees or from applicants for employment with NASA will be processed pursuant to U.S. Equal Employment Opportunity Commission regulations at 29 CFR Part 1614.
How will NASA process section 508 complaints from members of the public until such time as final agency procedures are issued?
Members of the public who contact NASA directly to file a complaint related to section 508 shall provide the following information:
- complainant's name, address, and contact information;
- the basis of the complaint;
- a detailed description of the alleged conduct sufficient to perform an investigation of the
complaint, including dates, the identification of the allegedly injured party, and the person or
institution alleged to have discriminated; and
- the complainant's signature or the signature of someone authorized to sign on the
complainant's behalf.
Section 508 complaints from members of the public shall have the date documented on the complaint and shall be forwarded to Code E for processing within five days of complaint receipt. Complaints shall be forwarded to: NASA Headquarters, Office of Equal Opportunity Programs, 300 E St. SW, Rm. 4W31, Washington, DC 20546.
What forms of relief are available to complainants under the law?
Pursuant to the law, agencies will process section 508 complaints from members of the public seeking information or services from a Federal department or agency in accordance with regulations implementing section 504 of the Rehabilitation Act of 1973, as amended, to resolve allegations of discrimination in Federally conducted programs or activities. NASA's section 504 regulations provide injunctive relief and attorney's fees for the complainant if the complainant prevails in an action against the agency, but do not include compensatory or punitive damages. In addition, individuals with disabilities may file civil actions in U.S. District Court alleging noncompliance with section 508 standards with respect to electronic and information technology procured on or after June 21, 2001.
