Section 508 of the Rehabilitation Act - Frequently Asked Questions

B.3.iv - Who makes the determination that a product meets equivalent facilitation?

The vendor may assert that its product meets or exceeds the level of accessibility required by a particular standard through equivalent facilitation. The agency must determine whether a standard is met through equivalent facilitation in accordance with agency guidance and in consultation with, if necessary, the agency 508 coordinator and/or other agencies with technical expertise in accessible EIT, such as the Access Board. If an agency violates Section 508 because the product did not, in fact, meet a standard through equivalent facilitation, the agency may still be liable.