Section 508 of the Rehabilitation Act - Frequently Asked Questions

B.3.i. - What is equivalent facilitation?

The Access Board’s standards provide that agencies may accept EIT offered by vendors which uses designs or technologies that do not meet the applicable technical provisions in Section 508 Frequently Asked Questions 508 FAQ Page 12 of 37 Subpart B but provide substantially equivalent or greater access to and use of a product for people with disabilities (see 36 CFR 1194.5). This is referred to as "equivalent facilitation."

Equivalent facilitation is not an exception or variance from the requirement to provide comparable access. Rather, it is a recognition that technologies may be either developed or used in ways not envisioned by the technical provisions in Subpart B but still result in the same or better functional access as would be provided by strictly meeting the provisions in Subpart B. Functional outcome – not form – is the key to evaluating whether a technology results in "substantially equivalent or greater access." In effect, meeting the functional performance criteria in Subpart C of the Board’s standards is the test for equivalent facilitation.

For example, an information kiosk which is not accessible to a person who is blind might be made accessible by incorporating a telephone handset connected to a computer that responds to touchtone commands and delivers the same information audibly that is provided on the screen.

In short, the concept of equivalent facilitation is designed to allow the marketplace to offer innovative solutions. For this reason, agencies must draft their solicitations for EIT so that products offering equivalent facilitation are considered along with those that strictly meet the technical provisions of Subpart B of the standards.