Background and Policy Context
The Commonwealth has a long history of supporting the rights of people with disabilities, starting with Article of Amendment 114 of the Massachusetts Constitution, which provides that no otherwise qualified person with a disability shall be excluded from participation in, denied the benefits of, or be subject to discrimination based on disability under any program or activity within the Commonwealth. The Commonwealth has built on this principle with the following laws and executive orders:
- Ch. 93, section 103: Equal rights “regardless of handicap or age”
- Ch. 151B: Unlawful to discriminate in employment and housing, etc.
- Ch. 272 section 98: Discrimination in places of public accommodation
- Executive Order Number 348: Establishing the state policy for providing access to electronic equipment and information technology for citizens with disabilities – revoked and superseded by EO 614
- Executive Order Number 559: Establishing the Office of Access and Opportunity within the Office of the Governor
- Executive Order Number 526: Regarding Non-Discrimination, Diversity, Equal Opportunity, and Affirmative Action – revoked and superseded by EO 592
- Executive Order Number 592: Ensures that non-discrimination, diversity, and equal opportunity are safeguarded, promoted, and reflected in state workplaces, programs, services, policies, activities, decisions, and contracts
- Executive Order Number 614: Establishing the Digital Accessibility and Equity Governance Board. As the office charged with overseeing digital compliance for the Executive Department, EOTSS sets standards for Commonwealth agencies to ensure that Executive Department digital assets live up to these requirements. See, M.G.L. c. 7D, §3 (charging EOTSS and its secretary with supervising all activities concerning information technology of state agencies)
- Titles I and II of the Americans with Disabilities Act (ADA) prohibit discrimination against employees with disabilities and require that state governments make their programs and services, including digital services, accessible to people with disabilities. In April 2024, the U.S. Department of Justice approved a final rule for public entities to bring its digital offerings into compliance with WCAG 2.1, level AA conformance standards, which is the technical standard in the Enterprise IT Accessibility Policy set by EOTSS
Other federal laws also prohibit discrimination against people with disabilities, such as:
- Section 504 of the Rehabilitation Act, 42 U.S.C. §2000d and its implementing regulations, prohibiting discrimination by federal and federally funded programs.
- Section 508 of the Rehabilitation Act of 1973, 29 U.S.C. §794d. Information and communication technology (ICT) standards for Section 508 are issued by the Architectural and Transportation Barriers Compliance Board (Access Board). Section 508 only applies to federal agencies, but our standards are harmonized with Section 508 regulations. Additionally, some federal grants specify compliance with Section 508 standards.
- Section 255 of the Communications Act of 1934, as amended by the Telecommunications Act of 1996. Requires telecommunications service providers and equipment manufacturers to ensure that their services and equipment are accessible to individuals with disabilities. This includes interconnected Voice over Internet Protocol (VoIP) service providers and equipment manufacturers. The Executive Department’s responsibility is to make sure providers of telecommunications goods and services are in compliance. Additional laws related to video and communications accessibility include the following:
- Telecommunications Act Section 255 Accessibility Guidelines
- Telecommunications Access for People with Disabilities Consumer Guide
- FCC Accessibility Clearinghouse, created for the 21st Century Communications and Video Accessibility Act (CVAA), includes consumer telecommunications product information
- Help America Vote Act includes accessibility requirements for election-related services and activities; see Voting accessibility guidance
- Individuals with Disabilities Education Act (IDEA) provides for a "free appropriate public education" for all children with disabilities from preschool through high school
- Section 1557 of the Affordable Care Act (ACA) includes requirements for IT accessibility of health programs and activities