Under Section 508 of the Rehabilitation Act (29 U.S.C. § 794d(f)(2)), the agency receiving the complaint shall apply the complaint procedures established to implement section 504 for resolving allegations of discrimination in a federally conducted program or activity. OMB’s M-24-08 also required agencies to include instructions for filing a complaint alleging a violation of Section 508 in their website’s digital accessibility statement.
Please note that the terms “reporting entity” and “respondent” are not synonymous with “agencies” as used in M-24-08. Components are not required to implement M-24-08 independently from their parent agency, so may not have their own complaints process.
FY24 Assessment data shows an increase in entities providing instructions on filing Section 508-related complaints. One hundred eighty-eight (188) entities (77%) reported providing instructions for filing a complaint alleging a violation of Section 508 in their accessibility statement, compared to 131 entities (53%) in FY23. However, only 152 entities reported having a process for tracking and reporting Section 508 noncompliance-related complaints, with 123 of those entities also incorporating complaints from contractors into that process. In FY23, 110 reporting entities (44%) said they lack formal, written policies and procedures for processing and resolving complaints filed in relation to Section 508 nonconformance issues. In FY24, the number of entities increased to 127 entities (52%), with a 57% YOY increase in entities who reported managing complaints on an ad hoc basis but with plans to establish a documented process.
As shown in Figure 24, entities were asked to indicate to what extent the reporting entity has documented processes and procedures for how Section 508 complaints are reported, assessed, tracked, and resolved35:
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30 entities (12%) reported no documented processes or procedures.
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80 entities (33%) reported managing complaints on an ad hoc basis and has a plan to establish documented policies and procedures.
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35 entities (14%) reported implementing a documented complaint process with specific procedures but lacks systematic tracking.
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49 entities (20%) reported implementing a documented complaint process with specific procedures with systematic tracking.
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34 entities (14%) reported implementing a documented complaint process with specific procedures with systematic tracking and feedback loops for continuous improvement.
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17 entities (7%) selected unknown.
One hundred seventy (170) entities (69%) knew how many complaints were received within the reporting period. Overall, there was a decrease in the number of entities that did not know how many complaints they received over the reporting period, falling from 100 in FY23 to 75 in FY24. YOY saw similar numbers of entities who received complaints, with 31 entities reporting complaints in FY23 compared to 32 entities in FY24. Of those:
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32 entities had at least one complaint totaling 123 complaints across those 32 reporting entities compared to 201 complaints received in FY23. The highest complaint total for an entity was 28 compared to 66 in FY23.
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138 entities reported receiving zero complaints.
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Of the complaints filed in the reporting period, 86 were from employees or applicants for employment across 21 entities.
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Of the total number of Section 508 noncompliance-related complaints received during the reporting period, 92 complaints (75%) were resolved, compared to 162 or (80.5%) in FY23, leading to a small, meaningful decrease (WRST: highly statistically significant) in resolution status. Nineteen (19) entities fully resolved all complaints compared to 17 in FY23, while 6 entities resolved none compared to 4 in FY23, and 7 entities resolved between 30% to 86% of their complaints. On average, there was a decrease of almost 4 complaints that were addressed, resolved, or adjudicated from FY23 to FY24.
Reporting entities still noted challenges related to Section 508 complaints, including confusion on where responsibility for Section 508 complaints lies within their reporting entity and requesting more guidance on the Section 508 complaints processes and related procedures. However, entities noted improvements, with one entity stating one of the top areas they focused on since FY23 was complaint management. Numerous entities described making the following changes to complaints management in the past year:
- Establishing processes and procedures for complaints.
- Developing and implementing a complaint management system to efficiently address and resolve accessibility issues reported by users.
- Taking steps to enhance feedback and complaints processes and tracking using a customer relationship management tool.
- Establishing SOPs for items in the program that have a gap such as administrative complaints.
- Focusing on better usability and accessibility of digital resources, which led to a reduced number of accessibility-related complaints and issues reported.
- Creating a Section 508 page for their intranet that included instructions for filing a Section 508 complaint.
- Updating their accessibility statement, allowing users to more easily find points of contact for complaints and accessibility issues.
Entities in FY24 noted a 44% increase in providing instructions on how to file complaints alleging a Section 508 violation. However, there was a decrease in entities who have processes, procedures and policies for tracking complaints. This year, there was a similar number of entities reporting a complaint, with a slight increase in the overall number of entities who knew how many complaints they received. There is still work to be done to ensure repeatable procedures for processing and tracking complaints are implemented. It’s essential for agencies to keep thorough records of Section 508-related complaints as this documentation provides valuable insights into the volume of complaints and specific issues raised. With this information, Section 508 program offices can enhance their training and support initiatives and allocate resources more effectively to improve compliance.
Footnotes
- A similar question was asked in the FY23 Assessment, but due to response edits in FY24, answers did not align for YOY comparison for all response options. ↩
Reviewed/Updated: December 2024
