List of DOJ Settlements
10. Settlement Agreement Between The United States of America and The Orange County Clerk of Courts Under The Americans With Disabilities Act, DJ no. 204-17m-440 [Paragraph 17] [Paragraph 19]
13. Settlement Agreement Under the Americans with Disabilities Act Between the United States of America and Fremantle Productions, Inc., and CBS Broadcasting Inc. Regarding The Price Is Right, DJ No.202-12C-317 and 202-12C-369 [Paragraph 25] [Paragraph 32] [Exhibit B]
14. National Federation of the Blind, et. al. and the United States of America v. HRB Digital LLC and HRB Tax Group, Inc. Consent Decree [Paragraph 12] [Paragraph 14] [Paragraph 18][Exhibit A]
16. The United States of America v. QuikTrip Corporation, Consent Decree [Paragraph 25] [Exhibit H]
17. Settlement Agreement Between the United States of America and Ahold U.S.A., Inc. and Peapod, LLC (Peapod, LLC is the owner and operator of peapod.com) Under the Americans with Disabilities Act [Paragraph 12] [Exhibit A]
30. Settlement Agreement National Federation of the Blind, et. al. v. Law School Admission Council [Paragraph 4] [Paragraph 18]
[Paragraph 16-17]
174. Voluntary Compliance Agreement Between the United States of America and the American Institute of Certified Public Accountants and the National Association of State Boards of Accountancy (2019) [Paragraph 25]
DOJ Project Civic Access Settlement Agreements [#36-167]
Descriptions of Applicable Terms
10. Settlement Agreement Between The United States of America and The Orange County Clerk of Courts Under The Americans With Disabilities Act, DJ no. 204-17m-440
17. Web Pages. Within six months of the effective date of this Agreement, the Clerk of Courts’ website(s) shall comply with the WCAG 2.0 AA. The Clerk of Courts’ website(s) include: (i) all web pages, web applications, resources, and services within the www.MyOrangeClerk.com domain, its subdomains, and related domains; (ii) all of the information, resources, files, databases, images, graphics, text, audio, video, multimedia, services, code, and any other communications sent by or retrieved from www.MyOrangeClerk.com to members of the public accessing it; and (iii) all other websites owned, operated, branded, or paid for by the Clerk of Courts, including the Clerk of Courts’ ECF System should one exist during the term of this Agreement. The requirements of this paragraph do not apply to submissions by a third party in connection with an administrative, judicial, or legal proceeding that are available on either the Clerk of Courts’ or the State’s ECF System; these submissions are governed by the requirements of paragraph 16 above.
19. Training.
- The Clerk of Courts shall provide training on the WCAG 2.0 AA accessibility requirements, as well as the requirements of this Agreement, to all its employees and contractors who design, develop, maintain, or otherwise have responsibilities related to access to court records and electronic and information technology, including the Clerk of Courts’ ECF System (should one exist during the term of this Agreement), the Clerk of Courts’ website(s) as defined above, or third party websites used by the Clerk of Courts.
13. Settlement Agreement Under the Americans with Disabilities Act Between the United States of America and Fremantle Productions, Inc., and CBS Broadcasting Inc. Regarding The Price Is Right, DJ No.202-12C-317 and 202-12C-369
25. Contractors and Affiliated Entities. Within ten (10) business days after the effective date of this Agreement, TPIR will notify any and all contractors and entities that directly interface with audience and/or contestants (e.g., ticketing, pages, security) of TPIR's obligations under this Agreement.
32. Website Accessibility. The TPIR Sites are currently undergoing a transition. Within one hundred eighty (180) days after the effective date of this Agreement, Fremantle shall adopt and, thereafter, maintain the policy of providing full and equal enjoyment of the goods and services of the TPIR Sites, located at Exhibit B(Internet Policy). Within one hundred eighty (180) days after the effective date of this Agreement, Fremantle will conduct an assessment of the websites' compliance with the Internet Policy (Website Accessibility Assessment) and develop a Website Accessibility Action Plan to address any identified deficiencies in the provision of the goods and services of the TPIR Sites identified in the Website Accessibility Assessment, including consideration of, and appropriate response to, feedback provided by visitors to the TPIR Sites. Fremantle shall submit this Plan to the United States for review and approval. After the Website Action Plan is submitted, the following shall occur:
- Within one hundred twenty (120) days after the United States comments on the Website Accessibility Action Plan, and on subsequent anniversaries thereof, Fremantle will distribute the Internet Policy to all persons B employees and contractors B who design, develop, maintain, or otherwise have responsibility for content and format of TPIR Sites (Internet Personnel). Within one hundred twenty (120) days after the United States comments on the Website Accessibility Action Plan, and on subsequent anniversaries thereof, Fremantle will provide training to Internet Personnel on website accessibility. Such training will be provided, at Fremantle's expense, by a person or organization knowledgeable regarding website accessibility and approved by the United States.
Exhibit B
Website Accessibility Assessment and Action Plan. Fremantle analyzes the content of the TPIR Sites annually to provide for its and their accessibility. In addition to the considerations identified above, Fremantle analyzes the TPIR Sites and their content according to existing guidelines for accessible website design. Fremantle provides training on website accessibility to in-house staff and contractors responsible for webpage and content development on the TPIR Sites. Fremantle also accepts and considers input regarding the accessibility of the TPIR Sites via its ADA Line and email address.
14. National Federation of the Blind, et. al. and the United States of America v. HRB Digital LLC and HRB Tax Group, Inc. Consent Decree
12. Web Accessibility Conformance Timeline: H&R Block shall ensure full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations provided by and through www.hrblock.com, its mobile applications, and its Online Tax Preparation Product according to the following timeline and requirements:
- Phase I: By January 1, 2015, H&R Block shall ensure that www.hrblock.com and the Online Tax Preparation Product conform to, at minimum, the Web Content Accessibility Guidelines 2.0 Level A and AA Success Criteria (“WCAG 2.0 AA”).
- Phase II: By January 1,2016, H&R Block shall ensure that its mobile applications conform to, at minimum, the WCAG 2.0 AA.
- If H&R Block uses or integrates third-party plug-ins or content, H&R Block shall provide a method of obtaining and using such content that conforms to WCAG 2.0 AA, except that at present, H&R Block uses a third-party plug-in to display the map location of its physical offices. This plug-in is not in conformance with WCAG 2.0 AA. No later than three (3) years after the Effective Date, H&R Block will provide a method of obtaining and using map content that conforms to WCAG 2.0AA
14. Web Accessibility Policy: By June 1, 2014, H&R Block shall adopt and implement a Web Accessibility Policy consistent with the attachment at Exhibit A and as approved by the Private Plaintiffs and the United States. By June 1, 2014, H&R Block shall:
- distribute the Web Accessibility Policy to all Web Content Personnel (as defined in paragraph 18) and Client Service Operations call center agents (“CSO Personnel”) for www.hrblock.com;
- provide a copy of the policy to each new Web Content Personnel, contractor responsible for web content, and CSO Personnel for www.hrblock.com;
- redistribute the corporate Web Accessibility Policy annually to all Web Content Personnel, contractors responsible for web content, and CSO Personnel.
- make publicly available and directly link from the www.hrblock.com homepage, a statement of H&R Block’s policy to ensure that persons with disabilities have full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of H&R Block, through www.hrblock.com, its mobile applications, and its Online Tax Preparation Product; and
- accompany the public policy statement with an accessible means of submitting accessibility questions and problems
18. Web Accessibility Training: By August 15, 2014, and at least once annually thereafter for the term of this Consent Decree, H&R Block shall provide mandatory web accessibility training to all employees who write or develop programs or code for, or who publish final content to, www.hrblock.com, its mobile applications, or the Online Tax Preparation Product (“Web Content Personnel”) on how to conform all web content and services with, at minimum, WCAG 2.0 AA and the terms of this Consent Decree. Web Content Personnel also shall receive the training when they are hired into a position that includes such a role. H&R Block shall ensure that contractors are familiar with WCAG 2.0 and the requirements of this Consent Decree to the extent necessary to perform the duties under their contract.
Exhibit A
Web Accessibility. H&R Block provides online content in the following manner to ensure it is accessible to individuals with disabilities on www.hrblock.com, mobile applications, and the Online Tax Preparation Product:
- H&R Block annually distributes this Policy to all personnel that design, develop, maintain, manage, or otherwise have responsibility for the content and format of www.hrblock.com, mobile applications, and the Online Tax Preparation Product (“Web Content Personnel”).
Compliance with the Policy. H&R Block requires employees and contractors to comply with this policy. Failure to comply with this policy may result in disciplinary action.
16. The United States of America v. QuikTrip Corporation, Consent Decree
25. Website Accessibility. QuikTrip has already initiated a program to improve the accessibility of its website. In connection with this initiative, within one (1) month after the Effective Date of this Consent Decree, QuikTrip shall adopt, and thereafter maintain, a policy of nondiscrimination on the basis of disability in providing effective communication via its website. The policy provided as Exhibit H meets the requirements of this provision. Before adopting a policy that is substantially different from the policy provided as Exhibit H, QuikTrip shall submit such policy to the Department for review and approval and shall incorporate comments provided by the Department before adopting the policy.
- Within two (2) months after the Effective Date of this Consent Decree, QuikTrip will distribute the policy to all persons-employees and contractors-who design, develop, maintain, or otherwise have responsibility for content and format of its website(s) or third party websites used by QuikTrip ("Internet Personnel"). Within three (3) months of the Effective Date of this Consent Decree, QuikTrip will provide training to Internet Personnel on website accessibility, including the requirements set out in the policy at Exhibit H.
- Within three (3) months after the Effective Date of this Consent Decree, QuikTrip will undertake a Website Accessibility Assessment to evaluate the delivery of content on its website to ensure inclusion and integration of people with disabilities, including individuals who use screen readers or voice interactive software, who use text magnification programs, who require the ability to adjust font size and/or color to view webpages, who require audio description to access video content, and who require captions to access audio materials. The evaluation will take into consideration the following issues, but will also evaluate the website according to generally accepted standards for website accessibility, such as the Standards promulgated pursuant to Section 508 of the Rehabilitation Act of 1973, as amended:
- For every image posted, including photographs, charts, color-coded information, or other graphics, QuikTrip will add a text equivalent to the image, to allow persons with disabilities who use screen readers or Braille displays to understand the basic content of the image or graphical element.
- All documents will be posted in a text based format that is compatible with assistive technology, and not as images that do not have text of the file's content in a format accessible to a screen reader and Braille display
- QuikTrip's website will allow Web browsers and other assistive technologies to manipulate colors and font settings on its webpages for individuals with low vision or color blindness to access the content.
- Videos and other multimedia will incorporate features to make them accessible to individuals with disabilities, including audio descriptions of images (including changes in setting, gestures, and other details) to make videos accessible to persons who are blind or have low vision, among others, and the provision of text captions synchronized with the video image to make video and audio tracks accessible to people who are deaf or hard of hearing.
- Where appropriate, QuikTrip will also include the following considerations in developing webpages:
(1) The inclusion of a "skip navigation" link at the top of webpages that allows people who use screen readers to ignore navigation links and skip directly to webpage content;
(2) Minimizing the use of blinking, flashing, or other distracting features;
(3) If included, allowing moving, blinking, or auto-updating objects of pages to be paused or stopped;
(4) Online forms will include descriptive tags that provide persons with disabilities the information they need to complete and submit the forms;
(5) If sounds automatically play, visual notification and transcripts will also be provided;
(6) For pages that are auto-refreshing or that require a timed-response, providing a second, static copy of the page;
(7) Titles, context, and other heading structures will be provided to help users navigate complex pages or elements (such as webpages that use frames).
- Within three (3) months after the Effective Date of this Consent Decree, QuikTrip shall provide a way for online visitors to request accessible information or services by posting a telephone number or e-mail address on its home page in a conspicuous and accessible location. In that same location, QuikTrip will provide a notice soliciting feedback from visitors to QuikTrip's website on how accessibility can be improved at QuikTrip and on QuikTrip's website and shall provide an accessible means of providing such information.
- Within four (4) months after the Effective Date of this Consent Decree, QuikTrip shall enlist people with a variety of disabilities to test its pages for accessibility.
- Within four (4) months after the Effective Date of this Consent Decree, QuikTrip shall develop a Website Accessibility Action Plan to address deficiencies in effective communication of content identified in the Website Accessibility Assessment, including the feedback provided by visitors to its website and from people with disabilities enlisted to test website accessibility, and the appropriate provision of auxiliary aids and services to achieve effective communication on its website.
- Within five (5) months after the Effective Date of this Consent Decree, QuikTrip shall implement the Website Accessibility Action Plan with appropriate auxiliary aids and services to achieve effective communication.
- During the second year and subsequent years of the term of this Consent Decree, QuikTrip shall perform the steps outlined in Paragraphs 25.a. through 25.f. within a comparable period of time.
Exhibit H
Website Accessibility Assessment and Action Plan. QuikTrip analyzes its website content semiannually to ensure its accessibility. In addition to the considerations identified above, QuikTrip analyzes its website and content according to existing guidelines for accessible website design. QuikTrip provides training to in-house staff and contractors responsible for webpage and content development on website accessibility. QuikTrip also periodically enlists disability groups to test its pages for ease of use and incorporates that feedback into its Website Accessibility Action Plan. QuikTrip also solicits input from visitors on how accessibility can be improved.
17. Settlement Agreement Between the United States of America and Ahold U.S.A., Inc. and Peapod, LLC (Peapod, LLC is the owner and operator of peapod.com) Under the Americans with Disabilities Act
12. Website and Mobile Applications Accessibility Conformance: Peapod shall ensure full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations provided by and through www.peapod.com and its mobile applications according to the following timeline and requirements:
- By March 31, 2015, (the "Mobile Applications Conformance Date"), Peapod shall ensure that its mobile applications conform to WCAG 2.0 AA.
- By September 30, 2015, (the "Website Conformance Date"), Peapod shall ensure that www.peapod.com conforms to WCAG 2.0 AA. The Website Conformance Date and the Mobile Applications Conformance Date shall together be referred to as the "Conformance Dates" in this Agreement.
- After the Mobile Applications Conformance Date and the Website Conformance Date, as applicable, whenever a substantial proposed addition, update, or change to www.peapod.com or its mobile applications is made available to any group of Peapod users or customers (e.g., "Beta testing"), Peapod shall not release for public viewing or use those additions, updates, or changes until it has determined through automated and user testing that those proposed additions, updates, or changes conform to WCAG 2.0 AA and will not cause www.peapod.com or Peapod's mobile applications to fall out of conformance with WCAG 2.0 AA. This requirement applies to existing and new content on www.peapod.com and its mobile applications following the applicable Conformance Dates.
- The requirements set forth in Paragraphs (a) through (c) do not apply to advertisements provided by third parties or websites not owned or controlled by Peapod that are linked to www.peapod.com unless the website at the link provides a function that is necessary to complete a transaction on www.peapod.com (e.g., payment, registration, or log-in).
- Third-Party Content.
(i) Following the Effective Date of this Agreement, and for the term of this Agreement, for each new, renewed, or renegotiated contract with a vendor of Third-Party Content, Peapod shall seek a commitment from the vendor to provide content in a format that conforms to WCAG 2.0 AA or can be made to conform by Peapod to WCAG 2.0 AA. If during this contracting process Peapod issues a request for proposal for development or inclusion of Third-Party Content on its mobile applications or www.peapod.com, Peapod shall include conformance with WCAG 2.0 AA as a criterion. For Third-Party Content that is not subject to a written contract, Peapod shall seek out such content that conforms to WCAG 2.0 AA, which may include discussions with vendors to provide content in a format that conforms to WCAG 2.0 AA or can be made to conform by Peapod to WCAG 2.0 AA.
(ii) If, after following the process set forth above, Peapod is unable to obtain Third-Party Content that conforms to WCAG 2.0 AA, it shall demonstrate through its reporting to the United States, under Paragraph 21, that obtaining or providing conforming Third-Party Content would fundamentally alter the nature of its goods and services or would result in an undue burden.
- If the Department promulgates a final ADA Title III regulation setting out a website accessibility technical standard during the term of this Agreement, then the Parties shall meet and confer at the request of either party to discuss whether any modification to the terms of this Agreement regarding the technical standard is necessary to be consistent with the promulgated regulation and shall modify this Agreement accordingly.
Exhibit A
Website Accessibility. Peapod’s policy is to ensure www.peapod.com is accessible to individuals with disabilities as follows:
- Peapod annually distributes this Policy to all employees and contractors that have responsibility for the content and format ofwww.peapod.com (“Website Content Personnel”) as well as all customer service representatives for www.peapod.com.
Compliance with the Policy. Peapod requires employees and contractors to comply with this policy. Failure to comply with this policy may result in disciplinary action.
22. Settlement Under the Americans with Disabilities Act Between the United States of America and the Connecticut State Department of Aging Under the Americans with Disabilities Act, DJ No. 204-14-170
Web-Based Services and Programs
15. Within 1 month of the effective date of this Agreement, and on subsequent anniversaries of the effective date of this Agreement, SDA will distribute to all persons-employees and contractors-who design, develop, maintain, or otherwise have responsibility for content and format of its website(s) or third party websites used by the SDA (Internet Personnel) the technical assistance document, “Accessibility of State and Local Government Websites to People with Disabilities,” which is Attachment B to this Agreement (it is also available at www.ada.gov/websites2.htm).
23. Settlement Agreement Between the United States of America and the City of Sierra Vista, Arizona Under the Americans with Disabilities Act, DJ No. 204-8-195
Web-Based Services and Programs
34. Within six months of the effective date of this Agreement, and on subsequent anniversaries of the effective date of this Agreement, the City will distribute to all persons-employees and contractors-who design, develop, maintain, or otherwise have responsibility for content and format of its website(s) or third party websites used by the City (Internet Personnel) the technical assistance document, “Accessibility of State and Local Government Websites to People with Disabilities,” which is Attachment F to this Agreement (also available at www.ada.gov/websites2.htm).
29. Settlement Agreement Between the United States of America, McNeese State University and the Board of Supervisors of the University of Louisiana System Under Title II of the Americans with Disabilities Act, DJ No. 204-33-109
24. Modifications to the University´s Web Site.
a. Within 1 month of the effective date of this Agreement, and on subsequent anniversaries of the effective date of this Agreement, the University will distribute to all persons — employees and contractors — who design, develop, maintain, or otherwise have responsibility for content and format of its website, the technical assistance documents, "Accessibility of State and Local Government Websites to People with Disabilities," available at www.ada.gov/websites2.htm), and "ADA Best Practices Tool Kit for State and Local Governments," available athttp://www.ada.gov/pcatoolkit/chap5toolkit.htm)
30. Settlement Agreement National Federation of the Blind, et. al. v. Law School Admission Council
4. Accessibility of lsac.org.
4.1 LSAC shall provide "Full and Equal Access" to the lsac.org website as provided herein no later than September 1, 2011 ("Completion Date") and continuing thereafter for the term of this Agreement. "Full and Equal Access" means that www.lsac.org meets the nonvisual requirements of WCAG 2.0, level AA and that blind guests using screen-reader software may acquire the same information and engage in the same transactions as are available to sighted guests with substantially equivalent ease of use. These accessibility requirements extend to all parts of the lsac.org website on which services or products are made available to prospective law school applicants or to LSAT and Credential Assembly Service registrants, including, but not limited to, the process of applying to law schools through lsac.org, including both the common information input fields and the input fields specific to each participating law school; and the documents and practice tests LSAC makes available online. To achieve Full and Equal Access to the law school applications, LSAC shall provide tools that enable participating law schools who wish to add input fields specific to their law schools' respective applications to do so in a manner that provides Full and Equal Access to blind persons using screen-access software. Law schools that do not use the tools referred to in this paragraph will not be able to have their applications hosted on the LSAC site.
4.2 The requirements set forth in section 4.1 above shall not apply with respect to any third-party websites that are referenced on, or can be accessed by way of links on, the lsac.org website.
18. No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to or shall confer upon any person or entity not a signatory to this Agreement any right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.
31. National Federation of the Blind, et. al. and the United States of America v. HRB Digital LLC and HRB Tax Group, Inc. Consent Decree
12. Web Accessibility Conformance Timeline: H&R Block shall ensure full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations provided by and through www.hrblock.com, its mobile applications, and its Online Tax Preparation Product according to the following timeline and requirements:
- Phase I: By January 1, 2015, H&R Block shall ensure that www.hrblock.com and the Online Tax Preparation Product conform to, at minimum, the Web Content Accessibility Guidelines 2.0 Level A and AA Success Criteria (“WCAG 2.0 AA”).
- Phase II: By January 1,2016, H&R Block shall ensure that its mobile applications conform to, at minimum, the WCAG 2.0 AA.
- If H&R Block uses or integrates third-party plug-ins or content, H&R Block shall provide a method of obtaining and using such content that conforms to WCAG 2.0 AA, except that at present, H&R Block uses a third-party plug-in to display the map location of its physical offices. This plug-in is not in conformance with WCAG 2.0 AA. No later than three (3) years after the Effective Date, H&R Block will provide a method of obtaining and using map content that conforms to WCAG 2.0AA
33. Settlement Agreement Between the United States of America and Peroutka and Peroutka, P.A. Under the Americans with Disabilities Act, DJ. Nos. 202-35-207/ 202-35-236
16. Within ten (10) days of the effective date of this Agreement, Peroutka shall distribute the Effective Communication Policy to all employees and contractors who have contact with the public either in person, through the telephone, via the computer, or by any other distribution channel. Within thirty (30) days of the effective date of this Agreement, Peroutka shall furnish to the United States documentation confirming the implementation and distribution of the Effective Communication Policy to Peroutka's employees and contractors.
17. Peroutka shall distribute the Effective Communication Policy to all newly hired employees and contractors who have duties involving contact with the public either in person, through the telephone, via the computer, or by any other distribution channel within three (3) days of the date on which each such employee or contractor is hired.
34. Settlement Agreement Between the United States of America and Wells Fargo & Company Under the Americans with Disabilities Act, DJ No. 202-11-239
24. For any individuals employed by WFC (including contractors) who are not considered Employees under this Agreement, WFC will require that they follow the procedures for their line of business before making any decision to provide or not to provide auxiliary aids and services.
DOJ Project Civic Access Settlement Agreements [#36-167]
DOJ Project Civic Access Settlements include the following statement regarding arrangements between covered entities and ICT vendors:
- #36-48 contain the following language:
- “Distribute the policy to all employees and contractors who design, develop, maintain, or otherwise have responsibility for its websites, or provide website content, technical support, or customer service”
- “Ensure that its websites and all online services, including those websites or online services provided by third parties upon which the County relies to provide services or content, comply with, at minimum, WCAG 2.0 AA”
- #49-167 contain the following language:
- “Distribute to all persons-employees and contractors-who design, develop, maintain, or otherwise have responsibility for content and format of its website(s) or third party websites used by the City (Internet Personnel) the technical assistance document, Accessibility of State and Local Government Websites to People with Disabilities, which is Attachment H to this Agreement (it is also available at www.ada.gov/websites2.htm).”