Links to Settlements
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, DJ No. 202-63-169 [Paragraph 11] [Paragraph 23] [Exhibit A]
24. Voluntary Compliance Agreement Between the United States of America and the Town of Lewisboro, New York [Paragraph 11]
34. Settlement Agreement Between the United States of America and Wells Fargo & Company Under the Americans with Disabilities Act, DJ No. 202-11-239 [Paragraph 18] [Exhibit A]
31. Settlement Agreement Between the United States of America and the Newseum, Inc. Under Title II of the Americans with Disabilities Act, DJ No. 202-16-190 [Paragraph 19-20]
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) [Paragraphs 28]
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
21. Scope of Duties. Notwithstanding any provisions contained herein, pursuant to 28 C.F.R. § 35.164, the Clerk of Courts shall not be required to provide auxiliary aids and services, including accessible electronic documents, web pages, and web content, that it can demonstrate would result in a fundamental alteration in the nature of a service, program, or activity or in undue financial and administrative burdens. If providing an auxiliary aid or service would result in such an alteration or such burdens, the Clerk of Courts shall take any other action that would not result in such an alteration or such burdens but would nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the benefits or services provided by the Clerk of Courts, including access to the official court record. See 28 C.F.R. § 35.164.
- A determination that providing an auxiliary aid or service, including an accessible electronic document, web page, or web content, constitutes an undue burden must be made by the Clerk or his/her designee and must consider all resources available to the Clerk of Courts.
- A determination that providing an auxiliary aid or service, including an accessible electronic document, web page, or web content, constitutes an undue burden must (i) be documented in writing, (ii) explain the reasons for the determination, (iii) identify any other actions that will be taken to provide access, and (iv) be retained in the Clerk of Courts’ records and included in the quarterly reporting required by this Agreement in paragraph 23 below. In addition, copies of such records shall be provided to the United States within 10 days of any request for them.
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
17. Reasonable Modifications. Consistent with its current stated practices, TPIR will make reasonable modifications to policies, practices, and procedures to afford opportunities and access to individuals with disabilities, including but not limited to individuals who wish to be a member of the audience or eligible to become a contestant on the Show, that are equal to the opportunities and access afforded to individuals without disabilities, 42 U.S.C. § 12182(b)(2)(A)(ii) and 28 C.F.R. § 36.302(a). Reasonable modifications are exceptions, modifications, and adjustments to policies, practices, and procedures that are necessary to avoid discrimination against an individual with a disability. Requests for reasonable modifications may be made orally or in writing by or on behalf of an individual with a disability. TPIR will grant requests for such modifications unless it can demonstrate that a requested modification would fundamentally alter the nature of its operations. Individuals who request reasonable modifications will generally not be required to provide medical documentation.
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, DJ No. 202-63-169
11. Pursuant to Title III of the ADA and its implementing regulation, Peapod:
- Shall not discriminate on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations provided through www.peapod.com and its mobile applications. 42 U.S.C. § 12182(a); 28 C.F.R. § 36.201;
- Shall not deny individuals with disabilities the opportunity to participate in and benefit from the goods, services, facilities, privileges, advantages, and accommodations provided through www.peapod.com and its mobile applications. 42 U.S.C. § 12182(b)(1)(A)(i); 28 C.F.R. § 36.202(a);
- Shall not provide individuals with disabilities an unequal opportunity to participate in or benefit from the goods, services, facilities, privileges, advantages, and accommodations provided through www.peapod.com and its mobile applications. 42 U.S.C. § 12182(b)(1)(A)(ii); 28 C.F.R. § 36.202(b);
- Shall take the necessary steps to ensure that individuals with disabilities are not excluded, denied services, segregated, or otherwise treated differently because of the absence of auxiliary aids and services, unless Peapod can demonstrate that taking those steps would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations being offered or would result in an undue burden. 42 U.S.C. § 12182(b)(2)(A)(iii); 28 C.F.R. § 36.303; and
- Shall not utilize standards or criteria or methods of administration that have the effect of discriminating on the basis of disability, or perpetuate the discrimination of others who are subject to common administrative control. 42 U.S.C. § 12182(b)(1)(D); 28 C.F.R. § 36.204.
23. If the United States and Peapod have a dispute concerning this Agreement or if they disagree about any provision under which the Parties are required to come to an agreement under this Agreement (e.g., the identity of the Website Accessibility Consultant), or if Peapod believes that compliance with the obligations of Paragraph 12 with respect to new features on its website or mobile application would result in an undue burden or fundamental alteration, after following the procedures set out in this Agreement, the Parties shall meet and confer in a good-faith effort to resolve the dispute or disagreement. If the Parties are unable to reach agreement after 60 days of good-faith negotiations, the United States may use the procedure set out in Paragraph 24 below.
Exhibit A
General Policy. It is Peapod’s policy to ensure that persons with disabilities have a full and equal opportunity to benefit from the goods, services, facilities, privileges, advantages, and accommodations offered by Peapod through the www.peapod.com website, and through its mobile applications (collectively referred to in this Policy as “www.peapod.com“). Peapod provides effective communication with persons with disabilities, and ensures that individuals with disabilities are not excluded from use of www.peapod.com and its online services. Peapod shall take the necessary steps to ensure that individuals with disabilities are not excluded, denied services, segregated, or otherwise treated differently because of the absence of auxiliary aids and services, unless Peapod can demonstrate that taking those steps would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations being offered or would result in an undue burden.
18. Settlement Agreement Between the United States of America, Louisiana Tech University, and the Board of Supervisors for the University of Louisiana System Under the Americans with Disabilities Act, DJ No. 204-33-116
Exhibit 1
Other Technology for Effective Communication
- The University will ensure that any new technology it makes available to students, prospective students or applicants, including web applications, hardware, software, telecommunications, and multimedia is accessible, if such new technology is commercially available and its purchase does not result in undue financial and administrative burdens or a fundamental alteration. If a product is available and meets some, but not all, of the relevant accessibility provisions of WCAG 2.0 AA, the product that best meets the standard must be procured.
Technical Assistance, Exceptions, and Monitoring
- When compliance is not technically possible, would require a fundamental alteration, or would result in undue financial and administrative burdens, exceptions to the policy may be granted by an appropriate official. Requests for exceptions must be in writing. Whenever an exception is granted, the University must develop a plan to provide equally effective alternate access to the information or service of the technology to students, prospective students, and applicants.
24. Voluntary Compliance Agreement Between the United States of America and the Town of Lewisboro, New York
11. Lewisboro agrees to provide qualified sign language and oral interpreters and other appropriate auxiliary aids and services, when needed for effective communication with qualified persons with disabilities in all Town programs, services and activities, except where doing so imposes an undue hardship or fundamentally alters the nature of the service provided. Lewisboro will give primary consideration to the choice of auxiliary aid or service expressed by the person with a disability.
34. Settlement Agreement Between the United States of America and Wells Fargo & Company Under the Americans with Disabilities Act, DJ No. 202-11-239
18. Title III also allows for affirmative defenses in some situations. 42 U.S.C. §§ 12182(b)(2)(A)(ii)(fundamental alteration defense to reasonable modification requirement), 12182(b)(2)(A)(iii)(fundamental alteration and undue burden defenses to auxiliary aid requirement); 12183(a)(1)(structural impracticability defense for new construction), 12183(a)(2)(technical infeasibility defense for alterations), 12182(b)(2)(A)(iv)-(v)(defense that barrier removal is not readily achievable). WFC may rely upon any and all applicable affirmative defenses.
Exhibit A
If Wells Fargo denies a request because providing the requested aid or service would result in a fundamental alteration or undue burden, Wells Fargo will provide an alternative auxiliary aid or service, if one exists, that would not result in such alteration or burden but would nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the services offered by Wells Fargo.
31. Settlement Agreement Between the United States of America and the Newseum, Inc. Under Title II of the Americans with Disabilities Act, DJ No. 202-16-190
19. The Newseum, Inc. shall make reasonable modifications in policies, practices, or procedures, when the modifications are necessary to afford goods, services, facilities, privileges, advantages, or accommodations to people with disabilities, unless the Newseum, Inc. can demonstrate that making the modifications would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations. 42 U.S.C. §12182(b)(2)(A)(ii); 28 C.F.R. § 36.302.
20. The Newseum, Inc. shall furnish appropriate auxiliary aids and services where necessary to ensure effective communication with people with disabilities unless the Newseum, Inc. can demonstrate that taking those steps would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations being offered or result in an undue burden, i.e., significant difficulty or expense.
"Auxiliary aids and services" includes –
(1) Qualified interpreters on-site or through video remote interpreting (VRI) services; notetakers; real-time computer-aided transcription services; written materials; exchange of written notes; assistive listening devices; assistive listening systems; open and closed captioning, including real-time captioning; videotext displays; accessible electronic and information technology; or other effective methods of making aurally delivered information available to individuals who are deaf or hard of hearing;
(2) Qualified readers; taped texts; audio recordings; Brailled materials and displays; screen reader software; magnification software; optical readers; secondary auditory programs (SAP); large print materials; accessible electronic and information technology; or other effective methods of making visually delivered materials available to individuals who are blind or have low vision;
42 U.S.C. § 12182(b)(2)(A)(iii); 28 C.F.R. §§ 36.303 (a)-(c).
The Newseum, Inc. shall ensure that the visual and audio contents of its website conform to the Level A and Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines ("WCAG") 2.0 (Dec. 11, 2008), published by the World Wide Web Consortium ("W3C"), Web Accessibility Initiative ("WAI"), available at www.w3.org/TR/WCAG/.
35. Settlement Agreement Between the United States of America and Webster Bank, N.A. Under the Americans with Disabilities Act, DJ No. 202-14-166
12. WEBSTER shall not discriminate against any individual on the basis of disability in the full and equal enjoyment of any of its goods, services, facilities, privileges, advantages, or accommodations or otherwise violate any provision of Title III of the ADA, 42 U.S.C. §§ 12181-12189, 12203, or the Title III implementing regulation, 28 C.F.R. pt. 36, including but not limited to the following:
- WEBSTER shall not impose or apply eligibility criteria that screen out or tend to screen out a customer on the basis of a hearing impairment or speech disability from fully and equally enjoying any of its goods, services, facilities, privileges, advantages, or accommodations, 42 U.S.C. § 12182(b)(2)(A)(i) and 28 C.F.R. § 36.301(a);
- WEBSTER shall not refuse to make reasonable modifications in policies, practices, and procedures when such modifications are necessary to afford such goods, services, facilities, privileges, advantages, or accommodations to customers who are deaf or hard of hearing or have speech disabilities, unless making such accommodations would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations, 42 U.S.C. § 12182(b)(2)(A)(ii) and 28 C.F.R. § 36.302;
- WEBSTER shall not fail to take such steps as may be necessary to ensure that no customers who are deaf or hard of hearing or who have speech disabilities are excused, denied services, segregated, or otherwise treated differently than others because of the absence of auxiliary aids and services unless WEBSTER can demonstrate that taking such steps would fundamentally alter the nature of the services or accommodations being offered and would result in an undue burden, 42 U.S.C. § 12182(b)(2)(A)(iii) and 28 C.F.R. §§ 36.301(c), 36.303; and
- WEBSTER shall not engage in retaliation, coercion, interference, intimidation, or any other action prohibited by the ADA, 42 U.S.C. § 12203 and 28 C.F.R. § 36.206.
