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:

  1. 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”).
  2. Phase II: By January 1,2016, H&R Block shall ensure that its mobile applications conform to, at minimum, the WCAG 2.0 AA.
  3. 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 2.0 AA

13. Web Accessibility Coordinator: By June 15, 2014, H&R Block shall designate an employee, who shall report directly to H&R Block’s enterprise Chief Information Officer as the Web Accessibility Coordinator for www.hrblock.com, mobile applications, and the Online Tax Preparation Product and provide the name of and contact information for that person to all parties and this Court. The Web Accessibility Coordinator:

  1. shall be knowledgeable about the terms of this Consent Decree, including, but not limited to, Paragraph 11, WCAG 2.0, and web accessibility generally;
  2. shall be responsible for overseeing, managing, and coordinating H&R Block’s implementation of this Decree, including the obligations set forth in Paragraphs 12, 13(c), and 14-23; and
  3. shall be responsible for reporting and documenting quarterly, at minimum, to H&R Block’s Enterprise Chief Information Officer that all new releases have been made accessible pre-production; any post-production accessibility bugs have been remediated; and whether the requirements set forth in this Consent Decree have been met, and, if not, what requirements have not been satisfied and why.

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:

  1. 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;
  2. provide a copy of the policy to each new Web Content Personnel, contractor responsible for web content, and CSO Personnel for www.hrblock.com;
  3. redistribute the corporate Web Accessibility Policy annually to all Web Content Personnel, contractors responsible for web content, and CSO Personnel.
  4. 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, throughwww.hrblock.com, its mobile applications, and its Online Tax Preparation Product; and
  5. accompany the public policy statement with an accessible means of submitting accessibility questions and problems.

15. Web Accessibility Committee: By July 15, 2014, H&R Block shall appoint a cross-functional committee charged with monitoring and maintaining conformance of www.hrblock.com, the mobile applications, and the Online Tax Preparation Product with WCAG 2.0 AA throughout the term of this Consent Decree to assist and report to the Web Accessibility Coordinator.

16. Web Accessibility Feedback: By July 15, 2014, H&R Block shall provide a notice, prominently and directly linked from the www.hrblock.com homepage, soliciting feedback from visitors to www.hrblock.com on how the accessibility of the website, mobile applications, and Online Tax Preparation Product can be improved; the link shall provide several methods to provide feedback, including an accessible form to submit feedback or an email address, and a toll-free phone number (with TTY) to contact representatives knowledgeable about the Web Accessibility Policy.

17. Customer Assistance for H&R Block Users with Disabilities: By December 1, 2014, H&R Block shall train its CSO Personnel automatically to escalate calls from users with disabilities who encounter difficulties using www.hrblock.com or the Online Tax Preparation Product. H&R Block shall have trained sufficient personnel handing escalated calls (no less than 5% such staff at any given time) timely to assist such calls from users with disabilities. H&R Block shall establish procedures for promptly directing requests for assistance to such personnel including notifying the public that customer assistance is available to users with disabilities and describing the process to obtain that assistance. By December 1, 2015, H&R Block shall have met the requirements of this paragraph for the mobile applications.

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.

20. Automated Web Accessibility Testing: H&R Block has conducted an audit of www.hrblock.com and its Online Tax Preparation Product to determine the steps necessary to achieve conformance with WCAG 2.0 AA. By October 1, 2014, H&R Block shall select an automated accessibility testing tool acceptable to the Private Plaintiffs and the United States to evaluate conformance of web content with WCAG 2.0 AA. Following the entry of this Consent Decree, H&R Block shall complete the following steps:

  1. Beginning December 1, 2014, and at least once every three (3) months for the term of this Consent Decree, H&R Block shall conduct automated accessibility tests of www.hrblock.com to identify any instances where www.hrblock.com is no longer in conformance with WCAG 2.0 AA.
  2. H&R Block shall conduct automated accessibility tests of its Online Tax Preparation Product no later than June 1, 2015 and each year thereafter of the Consent Decree, and at least once per month beginning June 1 of each year until the Online Tax Preparation Product is released, to identify any instances where the Online Tax Preparation Product is no longer in conformance with WCAG 2.0 AA.
  3. By October 1, 2015, H&R Block shall select an automated accessibility testing tool acceptable to the Private Plaintiffs and the United States, if one then exists, to evaluate conformance of mobile applications with WCAG 2.0 AA; provided that, if such a tool does not exist by October 1, 2015, Block shall investigate the availability of such a tool on annual intervals thereafter for the term of this Consent Decree. Beginning October 1, 2015 (or October 1 of a subsequent year in which H&R Block selects an automated accessibility testing tool for mobile applications as discussed in this Paragraph) and at least once every three (3) months thereafter for the term of this Consent Decree, H&R Block shall conduct automated accessibility tests of its mobile applications to identify any instances where the mobile applications are no longer in conformance with WCAG 2.0 AA.

21. User Accessibility Testing Group: By October 1, 2014, and at least once annually for the term of this Consent Decree, and whenever a substantial proposed change to www.hrblock.com, its mobile applications, or its Online Tax Preparation Product is made available to any group of H&R Block users or customers (e.g., Beta testing), such changes shall be tested by individuals with different disabilities, including at a minimum individuals who are blind, deaf, and/or have physical disabilities affecting manual dexterity (such as those limiting the ability to use a mouse), to identify any accessibility barriers not otherwise apparent through automated testing. If requested by H&R Block, the National Federation of the Blind may assist in identifying participants with vision disabilities for the User Accessibility Testing Group.

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 towww.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.

23. Web Accessibility Consultant and Evaluation: By July 15, 2014, H&R Block shall retain an independent consultant (“Web Accessibility Consultant”), approved by all parties, who has expertise concerning accessible web development, the terms of this Consent Decree, and WCAG 2.0.

  1. By September 15, 2014, and annually by August 15 thereafter, the independent Web Accessibility Consultant shall provide the parties a written evaluation. This evaluation shall describe: whether www.hrblock.com, its mobile applications, and the Online Tax Preparation Product are in conformance with requirements of WCAG 2.0 AA and this Consent Decree: include any recurring, frequent, or significant deviations from the Modified Bug Fix Priority Policies, and shall make recommendations to improve the accessibility of www.hrblock.com, the mobile applications, and the Online Tax Preparation Product (“Web Accessibility Evaluation”).
  2. The Web Accessibility Consultant shall provide copies of the Web Accessibility Evaluation to all parties to this Decree.
  3. H&R Block shall incorporate all of the recommendations contained in the Web Accessibility Evaluation within ninety (90) days of receiving the Accessibility Evaluation; provided, any recommendations for the Online Tax Preparation Product shall be made thirty (30) days prior to release.

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:

  • All new web pages, web applications, and content published to www.hrblock.com, mobile applications, and the Online Tax Preparation Product for public use shall 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/.
  • H&R Block annually distributes this Policy to all personnel that design, develop, maintain, manage, or otherwise have responsibility for the content and format ofwww.hrblock.com, mobile applications, and the Online Tax Preparation Product (“Web Content Personnel”).
  • H&R Block has designated a Web Accessibility Coordinator for www.hrblock.com, mobile applications, and the Online Tax Preparation Product, who is knowledgeable concerning the WCAG 2.0 and web accessibility generally and is available as a resource for Web Content Personnel.
  • H&R Block annually assesses and reviews the delivery of content via www.hrblock.com, mobile applications, and the Online Tax Preparation Product to ensure inclusion, integration, and equal treatment of, as well as effective communication with, persons with disabilities, including, among others, persons that:
    • Use screen readers or voice interactive software;
    • Only or predominately use keyboards to input data and to navigate websites;
    • Use Braille output devices;
    • Use on-screen keyboards;
    • Use text magnification software;
    • Require the ability to adjust font size and/or color to view web pages;
    • Require audio description to access video content; and
    • Require captions to access audio and visual materials.
  • H&R Block regularly conducts automated tests and annually enlists individuals with a variety of disabilities to test www.hrblock.com, mobile applications, and the Online Tax Preparation Product for accessibility.
  • H&R Block has retained [insert name of Web Accessibility Consultant] as a Web Accessibility Consultant to annually evaluate www.hrblock.com for conformance with WCAG 2.0 to the Level A and Level AA Success Criteria and other Conformance Requirements, the requirements of this Policy. Each year, the Web Accessibility Consultant prepares a written report based on the evaluation, which identifies any barriers and provides recommendations to enhance the accessibility of www.hrblock.com, mobile applications, and the Online Tax Preparation Product.