Links to Settlements
12. Settlement Agreement Between the United States of America and edX, Inc. Under the Americans with Disabilities Act, DJ No.202-36-255 [Paragraph 22] [Paragraph 26]
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 14] [Paragraph 22]
16. The United States of America v. QuikTrip Corporation, Consent Decree [Paragraph 25]
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 14] [Paragraph 16] [Exhibit A]
25. Settlement Agreement Between the United States of America and 360 Federal Credit Union, DJ No. 202-14-182 [Paragraph 18-21]
[Paragraph 15-18]
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 19-21]
171. Aleeha Dudley, Plaintiff, And United States Of America, Plaintiff-Intervenor, V. Miami University, Et Al., Defendants. Case No.: 1:14-Cv-38 [Paragraphs 35-37]
172. Settlement Agreement Between the United States of America and the City and County of Denver, Colorado, DJ No. 204-13-298 [Paragraphs 35a, 35b, 35f]
173. Settlement Agreement Between the United States of America and the City of Trinidad, Colorado, DJ No. 204-13-317 [Paragraphs30a., 30b.]
DOJ Project Civic Access Settlement Agreements [#49-170]
Descriptions of Applicable Terms
12. Settlement Agreement Between the United States of America and edX, Inc. Under the Americans with Disabilities Act, DJ No.202-36-255
Website Accessibility Policy
22. Within forty-five (45) days after the Effective Date of this Agreement, edX shall:
- Adopt and implement a Website Accessibility Policy, consistent with Exhibit A, and distribute a copy to each Content Provider with instructions for redistribution among individuals involved in producing Course Content (i.e., Course Creators). EdX shall provide a copy of the Website Accessibility Policy in advance to the Department for approval, which shall not be unreasonably withheld;
- Distribute the Website Accessibility Policy to all edX Website Content Personnel and technical support personnel for www.edx.org, its mobile applications and the Platform including such personnel who are hired during the term of this Agreement;
- Provide a direct link to the Website Accessibility Policy from the footer of the www.edx.org homepage (e.g., near the Terms of Service and Privacy Policy) and, on the applicable Website Accessibility Policy webpage, solicit feedback from visitors to www.edx.org on how to improve the accessibility of the website and online courses. The Website Accessibility Policy webpage shall provide an accessible form to submit feedback and an email address to contact representatives knowledgeable about the Website Accessibility Policy. EdX will forward a copy of the feedback received regarding accessibility of Course Content to the Content Provider for the course; and
- Provide to the Department in its reporting pursuant to Paragraph 33 the number of comments and general nature of the feedback it received under Paragraph 22.c.
Bug Fix Policies
26. By the Website, Mobile Application, and LMS Deadline referenced in Paragraph 18 or the date by which edX has completed the requirements of Paragraph 18.a, whichever is sooner, edX shall modify existing bug fix policies, practices, and procedures (e.g., catastrophic, critical, major, minor, etc.) to include the elimination of accessibility Bugs (“Modified Bug Fix Priority Policies”). The Modified Bug Fix Priority Policies shall ensure that any such Bugs are remedied with the same level of priority (e.g., speed, resources used to remediate) as any other equivalent loss of function for individuals without disabilities (e.g., an unlabeled button that prevents a blind individual from registering for a course is remedied with the same level of priority as would a bug that prevents an individual without a disability from registering for a course); provided that any Bugs related to non-conformance of the CMS may be addressed by the CMS Deadline. EdX shall make the Modified Bug Fix Priority Policies available to the Department for review and comment no later than ten (10) business days before implementation.
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
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.
22. Modification of Bug Fix Priority Policies: By December 1, 2014, H&R Block shall modify existing bug fix policies, practices, and procedures to include the elimination of bugs that create nonconformance with WCAG 2.0 AA to www.hrblock.com, its mobile applications, or its Online Tax Preparation Product (“Modified Bug Fix Priority Policies”). The Modified Bug Fix Priority Policies shall ensure that any bugs that create nonconformance with WCAG 2.0 AA to www.hrblock.com, its mobile applications, or its Online Tax Preparation Product are remedied with the same level of priority (e.g., speed, resources used to remediate) as any other equivalent loss of function for individuals without disabilities. H&R Block shall make the Modified Bug Fix Priority Policies available to the Private Plaintiffs and the Department of Justice for review and comment no later than ten (10) business days before their implementation.
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.
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
14. Website and Mobile Application Accessibility Policy: Within ninety (90) days of the Effective Date of this Agreement, Peapod shall:
- Adopt and implement the Website and Mobile Application Accessibility Policy, located at Exhibit A;
- Distribute the Website and Mobile Application Accessibility Policy to all website content personnel, technical support, and customer service representatives for www.peapod.com and its mobile applications;
- Provide, for the term of this Agreement, a copy of the Policy to each new employee or contractor whose responsibilities include website content or technical support; and
- Redistribute the Website and Mobile Application Accessibility Policy annually to all employees and contractors responsible for website content or technical support.
16. Modification of Bug Fix Priority Policies: By the Mobile Applications Conformance Date and the Website Conformance Date, respectively, Peapod shall modify existing bug fix policies, practices, and procedures to include the elimination of bugs that create accessibility barriers, including those that create nonconformance with WCAG 2.0 AA, to www.peapod.com and its mobile applications ("Modified Bug Fix Priority Policies"). The Modified Bug Fix Priority Policies shall ensure that any bugs that create accessibility barriers to www.peapod.com and its mobile applications are remedied with the same level of priority (e.g., speed, resources used to remediate) as any other equivalent loss of function for individuals without disabilities. Peapod shall provide the Modified Bug Fix Priority Policies for review and comment by the United States no later than ten (10) business days before implementing those policies.
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 of www.peapod.com (“Website Content Personnel”) as well as all customer service representatives for www.peapod.com.
- Peapod prioritizes bug fixes to eliminate bugs that create accessibility barriers to people with disabilities.
25. Settlement Agreement Between the United States of America and 360 Federal Credit Union, DJ No. 202-14-182
18. Within thirty (30) days of the effective date of this Agreement, to ensure equal access for persons with disabilities, THE CREDIT UNION shall adopt, implement, and thereafter maintain the "360 Federal Credit Union Policy for Ensuring Effective Communication with Individuals with Disabilities" (Effective Communication Policy), attached to this Agreement as Exhibit A and incorporated herein by reference.
19. Within thirty (30) days of the effective date of this Agreement, THE CREDIT UNION 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 sixty (60) days of the effective date of this Agreement, THE CREDIT UNION shall furnish to the United States documentation confirming the implementation and distribution of the Effective Communication Policy to THE CREDIT UNION's employees and contractors.
20. THE CREDIT UNION 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.
21. THE CREDIT UNION shall post and maintain a copy of the Effective Communication Policy in all THE CREDIT UNION locations in a conspicuous location where employees and the public can readily read it, such as the employee lounge and an area adjacent to public entrances. The Effective Communication Policy posted in THE CREDIT UNION locations shall be printed in a bold font no smaller than 20 points on a contrasting background. The heading on the posted Effective Communication Policy shall be printed in capital letters in a bold font no smaller than 26 points. Physical copies of the posted Effective Communication Policy will be maintained and refreshed, as needed, for the life of this Agreement. If THE CREDIT UNION maintains a website within the term of this Agreement, THE CREDIT UNION shall post and maintain a copy of the Effective Communication Policy on its website in a location that is easy for the public to find (i.e., directly linked to the primary web portals used by the public with an appropriate description of the Effective Communication Policy at the link located on those portals (e.g., ADA Policy/Effective Communication)), in a format accessible to persons with disabilities (e.g., HTML). Within sixty (60) days of the effective date of this Agreement, THE CREDIT UNION shall provide the United States with proof of posting the Effective Communication Policy in all THE CREDIT UNION locations and on its website (if applicable).
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:
- 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 at http://www.ada.gov/pcatoolkit/chap5toolkit.htm);
- Within three months of the effective date of this Agreement, and throughout the life of the Agreement, the University will do the following:
- Establish, implement, and post online a policy that its web pages will be accessible and create a process for implementation;
- Ensure that all new and modified web pages and content are accessible;
- Develop and implement a plan for making existing web content more accessible;
- 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; and
- Periodically (at least annually) enlist people with disabilities to test its pages for ease of use.
- By no later than six months after the effective date of this Agreement, the University shall display on its website information to assist individuals with disabilities to identify, among other things, accessible routes through the University campus, accessible parking areas, accessible entrances to buildings, and accessible programs, services, and activities within buildings. The University shall also display detailed information regarding nonstructural alternative measures implemented, on an interim or final basis, to ensure individuals with disabilities access to programs, services, and activities. The University´s website shall be updated regularly to reflect newly added or renovated accessible features of the campus.
32. 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
15. Within ten (10) days of the effective date of this Agreement, to ensure equal access for persons with disabilities, Peroutka shall adopt, implement, and thereafter maintain, the "Peroutka and Peroutka, P.A. Policy for Ensuring Effective Communication with Individuals with Disabilities" (Effective Communication Policy), attached to this Agreement as Exhibit A and incorporated herein by reference.
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.
18. Peroutka shall post and maintain a copy of the Effective Communication Policy in all Peroutka locations in a conspicuous location where employees and the public can readily read it, such as the employee lounge and an area adjacent to public entrances. The Effective Communication Policy posted in Peroutka locations shall be printed in a bold font no smaller than 20 points on a contrasting background. The heading on the posted Effective Communication Policy shall be printed in capital letters in a bold font no smaller than 26 points. Physical copies of the posted Effective Communication Policy will be maintained and refreshed, as needed, for the life of this Agreement. If Peroutka maintains a website within the term of this Agreement, Peroutka shall post and maintain a copy of the Effective Communication Policy on its website in a location that is easy for the public to find (i.e., directly linked to the primary web portals used by the public with an appropriate description of the Effective Communication Policy at the link located on those portals – e.g., ADA Policy/Effective Communication), in a format accessible to persons with disabilities (e.g., HTML). Within forty-five (45) days of the effective date of this Agreement, Peroutka shall provide the United States with proof of posting the Effective Communication Policy in all Peroutka locations and on its website (if applicable).
34. Settlement Agreement Between the United States of America and Wells Fargo & Company Under the Americans with Disabilities Act, DJ No. 202-11-239
19. To reinforce its commitment to equal access for persons with disabilities, WFC has adopted and, as set forth in this Agreement, will implement and maintain the Wells Fargo & Company Policy for Effective Communication for Individuals with Disabilities ("Policy") attached to this Agreement as Exhibit A and incorporated herein by reference. WFC will implement and maintain the Policy in accordance with the deadlines set forth herein. WFC shall not revise the Policy without prior written approval of the United States, which will not be unreasonably withheld or delayed. Reasonable grounds for WFC to revise, or for the United States to require WFC to revise, the Policy may include, but are not limited to, changing the Policy to conform to changes in the ADA statutory language, changes in the Title III regulation, or changes that are necessary in view of advances or changes in available technology or to comply with other laws and regulations that are not preempted by federal law.
20. Within sixty (60) days of the Effective Date, for each line of business having communications with customers or potential customers, WFC shall establish procedures for implementing the Policy. Within sixty (60) days of the Effective Date, WFC shall submit to the United States for its review and approval the procedures for implementing the Policy for lines of business that offer consumer banking services (e.g., deposits, secured and unsecured lines of credit and loans, credit cards, and retail brokerage).
21. Within thirty (30) days after the United States approves the procedures for relevant lines of business, WFC will distribute the Policy to Employees and within thirty (30) days thereafter shall furnish to the United States documentation confirming the distribution. WFC shall distribute the Policy to remaining employees within one hundred fifty (150) days after the Effective Date and within thirty (30) days thereafter shall furnish to the United States documentation confirming the distribution. Thereafter, WFC shall distribute its Policy to all newly-hired employees within sixty (60) days after their start date.
35. Within three (3) months of the entry of this Decree, Miami will submit for the United States' approval an Accessible Technology Policy consistent with this Decree. The Accessible Technology Policy will provide for equal opportunity for qualified individuals with disabilities to participate in and benefit from Miami's services, programs, and activities. The Accessible Technology Policy will recognize that Miami increasingly uses web-based, digital, and emerging technologies, and will incorporate or refer to procedures for providing qualified individuals with disabilities with timely access to accessible course materials in electronic and hard copy formats (e.g., digital, hard copy Braille, tactile graphics, captioned multimedia, etc.), as provided for in Section D, "Textbook and Course Material Accessibility," supra.
36. Within one (1) month after approval by the United States of the Accessible Technology Policy, Miami will implement it and:
- (a) Distribute the Accessible Technology Policy by email to all: (1) instructional employees, instructional contractors, and instructional volunteers, and (2) administrative employees, administrative contractors, and administrative volunteers who are responsible for the procurement or provision of technology;
- (b) Make the Accessible Technology Policy publicly available, directly linked from an accessibility link on www.miamioh.edu and located on the Accessible Educational Resources Portal required in Section K, "Accessible Educational Resources Portal," infra; and
- (c) Include the Accessible Technology Policy in the Miami University Policy and Information Manual ("MUPIM"), and any similar publication.
37. For the term of this Consent Decree, Miami will:
- (a) Upon hire or retention, provide the Accessible Technology Policy to all: (1) instructional employees, instructional contractors, and instructional volunteers, and (2) administrative employees, administrative contractors, and administrative volunteers who are responsible for the procurement or provision of technology; and
- (b) Annually provide the Accessible Technology Policy to all: (1) instructional employees, instructional contractors, and instructional volunteers, and (2) administrative employees, administrative contractors, and administrative volunteers who are responsible for the procurement or provision of technology.
DOJ Project Civic Access Settlement Agreements [#49-170]
DOJ Project Civic Access Settlement Agreements [#49-170] include the following statement regarding evaluation and testing in general:
- “Adopt, implement, and post online a policy that its web pages will comply with WCAG 2.0 AA, published by the World Wide Web Consortium (W3C), Web Accessibility Initiative (WAI), available at www.w3.org/TR/WCAG;
- 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”