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Which Businesses Require a VPAT?

What is a VPAT?
A VPAT is a self-disclosing document used to evaluate accessibility in line with Section 508 of the Rehabilitation Act. It defines an entity's accessibility levels and establishes the technical requirements for web content accessibility standards such as Section 508, Web Content Accessibility Guidelines (WCAG) 2.0, and WCAG 2.1. A typical VPAT can have between 50 and thousands of pages.
 
The VPAT is available in four different editions. These offer insights into the businesses that require a VPAT. The editions are as follows:

  • WCAG
  • Section 508 and the Revised Section 508
  • EN 301 549
  • International

 
Businesses contemplated under Section 508 of the Rehabilitation Act
Section 508 of the Rehabilitation Act states that when the federal government of the United States and its agencies develop, procure, maintain, or use electronic and information and communication technology (ICT) products or services, those products or services must be fully accessible to federal employees and members of the general public with disabilities.
 
Businesses that collaborate with the federal government and its agencies in the development, procurement, maintenance, and use of electronic and ICT products or services must have a VPAT. The VPAT assessment, which is usually performed prior to the compliance certification required by entities procuring electronic and ICT products and services for the federal government and its agencies, assists target businesses in identifying areas for improvement in order to avoid losing business opportunities with the government.
 

Aside from businesses that provide electronic and information technology products and services to the federal government and its agencies, all businesses that receive federal funding must also have 508 compliance VPATs. A VPAT report created prior to their consideration for federal funding can determine whether they receive federal funding or not, depending on their level of conformance.
 
Businesses anticipated under WCAG 2.0 and WCAG 2.1
The Web Content Accessibility Guidelines 2.0 (WCAG 2.0) serve as a voluntary consensus standard for web content accessibility. The standard serves as a universal yardstick for ensuring that web content is perceivable, operable, understandable, and robust. Given that the courts have cited public-facing websites and online platforms as places of public accommodation, any business that has or uses a public-facing website or online platform to provide their products or services is required to have a VPAT. These include e-commerce companies, banking and finance companies, educational institutions, healthcare providers, and so on.
 
Businesses envisioned under EN 301 549
EN 301 549 is a European Union digital accessibility standard (EU). It adheres to the WCAG 2.1 guidelines. Businesses that want to sell their products and services in the EU, therefore, require a VPAT.
 
International businesses
The international VPAT is comprehensive. It incorporates the WCAG 2.0, WCAG 2.1, Revised Section 508 standards, and EN 301-549 accessibility requirements appropriate for European public procurement of ICT products and services. This demonstrates that businesses with international operations also require a VPAT.
 
The VPAT is clearly required for any business or service that falls under Section 508 of the Rehabilitation Act, based on the foregoing. Entities that do business with the federal government and its agencies, as well as those that receive federal government funding, have a greater need for VPATs than others.
 
Having a VPAT is beneficial for businesses that do not do business with the federal government or receive federal funding because it allows your buyers to:

  • Understand the level of accessibility compliance of your products or services.
  • Compare the compliance for similar products or services.
  • Choose the products or services that best meet the accessibility standards and functional requirements of their organizations.
  • Plan for equally effective accessible products or services when the desired accessible ones are not available.

 
Need more information and help with businesses requiring a VPAT?
Click here for more information about the businesses that require a VPAT. You can also contact ADA Compliance Pros at (626) 486-2201 for help in developing your VPAT ACR or check here to see an example of a VPAT.