DOJ Settlement Agreements Related to the Designation of a Responsible Person/Office

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 23-25]

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 21]

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 13] [Paragraph 15] [Paragraph 19] [Paragraph 23] [Exhibit A]

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 13] [Paragraph 18] [Exhibit A]   

28. Greyhound Lines, Inc. Consent Decree [Paragraph 29]

171. Aleeha Dudley, Plaintiff, And United States Of America,  Plaintiff-Intervenor, V. Miami University, Et Al., Defendants. Case No.: 1:14-Cv-38  [Paragraph 38-42]

DOJ Project Civic Access Settlement Agreements [#36-48 and 168-169]

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 Coordinator

23. Within thirty (30) days after the Effective Date of this Agreement, edX shall designate an employee, who shall report directly to an edX Vice President, as the Website Accessibility Coordinator for www.edx.org, its mobile applications, and the Platform.  EdX shall provide the name and contact information for that person to the Department and shall keep the Department informed in its reporting pursuant to Paragraph 33 should the name and/or contact information for this person change. 

24. The Website Accessibility Coordinator shall be:

  1. Generally knowledgeable about the requirements of Title III of the ADA, WCAG 2.0 AA, MathML, ATAG 2.0, UAAG 1.0, WCAG2ICT, WAI-ARIA, DAISY, EPUB3, and website accessibility generally;
  2. Responsible for coordinating edX’s compliance with the requirements of this Agreement;
  3. A contact person for Content Providers on accessibility issues relating to www.edx.org, its mobile applications, the Platform, and the Accessibility Best Practices Guidance; and
  4. Responsible for ensuring that the Accessibility Best Practices Guidance discussed in Paragraph 27 includes guidance on the accessibility requirements of Title III of the ADA and WCAG 2.0 AA, and reference to MathML, ATAG 2.0, UAAG 1.0, WAI-ARIA, WCAG2ICT, DAISY, and EPUB3.

Website Accessibility Consultant

25. Within ninety (90) days after the Effective Date of this Agreement, edX shall retain one or more independent consultants (“Website Accessibility Consultant”), approved in advance by the United States, who is generally knowledgeable about accessible website development, Title III of the ADA, WCAG 2.0 AA, MathML, ATAG 2.0, UAAG 1.0, WAI-ARIA, WCAG2ICT, DAISY, and EPUB3.  The Website Accessibility Consultant shall be available to assist edX in meeting the requirements of this Agreement and shall be responsible for the annual Website Accessibility Evaluation (Paragraphs 30-31).

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

21. ADA Coordinator(s). Within ninety (90) days after the effective date of this Agreement, Fremantle will designate and train an employee who will serve as an ADA Coordinator. This employee, who will be trained and knowledgeable regarding TPIR's obligations under Title III of the ADA and this Agreement, may have other duties in addition to being ADA Coordinator. The ADA Coordinator shall work in conjunction with CBS to coordinate TPIR's efforts to comply with its responsibilities under the ADA and this Agreement, including the receipt, investigation, response to, and resolution of ADA Complaints, the coordination of corrective actions and relief for complainants who bring ADA Complaints to TPIR's attention, and maintaining records of ADA Complaints, investigations, and actions taken to comply with this Agreement. Fremantle will make available on the TPIR Sites, in an accessible and conspicuous location (i.e., at the "Contact Us" link) and format (i.e., HTML), the main office address, 1-800 telephone number, and email address of the ADA Coordinator. If the ADA Coordinator leaves his or her position, Fremantle will promptly designate another employee to perform the function.

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

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.

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.

19. Performance Reviews of Web Accessibility Coordinator and H&R Block Employees: Performance reviews of the Web Accessibility Coordinator and all employees covered by Paragraph 18 shall include consideration of the degree and effectiveness with which each took accessibility considerations into account in the performance of their respective duties, once they have had the opportunity to receive accessibility training as required above.

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 releas

Exhibit A

Web Accessibility. H&R Block provides online content in the following manner to ensure it is accessible to individuals with disabilities onwww.hrblock.com, mobile applications, and the Online Tax Preparation Product:

  • 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 has retained [insert name of Web Accessibility Consultant] as a Web Accessibility Consultant to annually evaluate www.hrblock.comfor 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.

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

13. Website Accessibility Coordinator: Within ninety (90) days of the Effective Date of this Agreement, Peapod shall designate an employee, who shall report directly to a Peapod, LLC executive, as the Website Accessibility Coordinator for www.peapod.com and its mobile applications. Peapod shall provide the name of and contact information for that person to the United States. The Website Accessibility Coordinator shall be:

  1. Knowledgeable with the requirements of Title III of the ADA, the WCAG 2.0, and website accessibility generally; and
  2. Responsible for coordinating Peapod's compliance with the requirements of this Agreement.

18. Website and Mobile Application Accessibility Consultant and Evaluation:

  1. Within ninety (90) days after the Effective Date of this Agreement, Peapod shall retain an independent consultant ("Website Accessibility Consultant"), approved by the United States, who is knowledgeable about accessible website development, Title III of the ADA, and WCAG 2.0. The Website Accessibility Consultant's duties shall include: (1) advising Peapod on how to conform www.peapod.com and its mobile applications to WCAG 2.0 AA; (2) verifying that www.peapod.com and Peapod's mobile applications conform to WCAG 2.0 AA by the applicable Conformance Date; and (3) establishing the criteria for selecting testers with disabilities and reviewing the results of the tests.
  2. In addition to the duties set forth in Paragraph 18.a. above, on each anniversary date of the Website Conformance Date and the Mobile Applications Conformance Date, the independent Website Accessibility Consultant shall conduct and provide the parties with a written evaluation of www.peapod.com and Peapod's mobile applications' conformance with WCAG 2.0 AA (the "Accessibility Evaluation"). In the Accessibility Evaluation, the Website Accessibility Consultant shall make recommendations to improve the accessibility of www.peapod.com and its mobile applications.

Exhibit A

Website Accessibility.  Peapod’s policy is to ensure www.peapod.com is accessible to individuals with disabilities as follows:

  • Peapod has designated [insert name of Website Accessibility Coordinator] as Website Accessibility Coordinator for www.peapod.com, who is knowledgeable concerning the WCAG 2.0 and website accessibility generally and is available as a resource to all Website Content Personnel and customer service representatives for www.peapod.com to ensure compliance with this Policy.
  • Peapod has retained a Website Accessibility Consultant to annually evaluate www.peapod.com and its mobile applications for conformance with WCAG 2.0 Level AA.  Each year, the Website Accessibility Consultant prepares a written report based on the evaluation, which identifies any barriers and provides recommendations to enhance the accessibility of www.peapod.com.

28. Greyhound Lines, Inc. Consent Decree

29. Duties of The Administrator.  The duties of the Administrator shall include: a) communicating with and receiving information from potential Eligible Persons and other individuals involved in evaluating eligibility; b) distributing documents to potential Eligible Persons and other individuals involved in evaluating eligibility; c) tracking the return of claims forms, releases, and other documents; d) reviewing documents provided by the Parties, potential Eligible Persons, and other individuals as part of the claims process; e) applying criteria established by agreement of the Parties for compensation of Eligible Persons to information received during the claims process; f) distributing payments to Eligible Persons; g) reporting to the Parties on the Fund distribution process; h) filing all tax documentation as may be required by law; i) establishing and maintaining an accessible website providing information about the claims process; j) establishing cost-free means for potential Eligible Persons to contact the Administrator, including both email and a toll-free number (and accompanying TTY text telephone number) and requirements for prompt responses to inquiries from the public; and k) such other duties that are necessary to carry out the provisions of this Decree.

171. Aleeha Dudley, Plaintiff, And United States Of America,  Plaintiff-Intervenor, V. Miami University, Et Al., Defendants. Case No.: 1:14-Cv-38 

H. Accessible Technology Coordinator

38. Miami will identify to the United States as soon as possible, but no later than two (2) months after entry of this Decree, an Accessible Technology Coordinator who reports directly to Miami's Vice President for Information Technology.

39. The Accessible Technology Coordinator will, either upon hire or within two (2) months thereafter:

  • (a) Be knowledgeable concerning:
    • i. The general requirements of Title II of the ADA and its applicable regulation;
    • ii. Accessibility and usability of web content;
    • iii. Accessibility and usability of technology, including equipment and devices used in  classrooms and laboratories (e.g., clickers, lab equipment, smart boards);
    • iv. Testing and evaluation of the accessibility of web and other technologies;
    • v. This Decree;
    • vi. The W3C's WCAG 2.0, ATAG 2.0, UAAG 1.0, WAI-ARIA 1.0, MathML, WCAG2ICT, and any successors to those standards that become effective during the term of this Decree; and
    • vii. DAISY and EPUB 3.
  • (b) Be familiar with:
    • i. Accessible document development and remediation; and
    • ii. The appropriate provision of auxiliary aids and services for students with disabilities in non-electronic or non-digital formats, such as Braille hard copy, tactile graphics, large print hard copy, sign language interpretation, and reasonable modifications to policies, practices, and procedures, such as procuring technologies outside of general policies and making reasonable security exceptions for assistive technologies.
  • (c) Coordinate Miami's compliance with this Decree with respect to digital and non-digital technology. While Student Disability Services will have primary responsibility for Miami's provision of non-digital technology (e.g., tactile graphics, Braille hard copy) to students with disabilities, the Accessible Technology Coordinator will coordinate with Student Disability Services to oversee Miami's compliance with the Decree's non-digital-technology requirements.
  • (d) Report and document quarterly to Miami's Vice President for Information Technology and the Office of Equity and Equal Opportunity:
    • i. Miami's progress in meeting the Decree's technology-related requirements. Each progress report will identify milestones Miami has achieved to date, the benchmarks in the Decree that Miami has not yet met, and the steps Miami is taking to achieve those benchmarks; and
    • ii. Whether Miami has received any written complaints or grievances concerning the use of inaccessible technologies.

I. University Accessibility Committee

40. Within two (2) months of the entry of this Decree, Miami will identify to the United States the membership of the University Accessibility Committee, comprised of the Accessible Technology Coordinator (as set forth in Section H, "Accessible Technology Coordinator," supra), the Web Accessibility Coordinator (as set forth in Section B, "Web Content Accessibility," supra), the Accessible Technology Specialist (as set forth in Section N, "Accessible Technology Specialist, Audit, Evaluation, and Corrective Action Plan," infra), and a representative from each of the following departments:

  • (a) IT Services;
  • (b) Finance and Business Services;
  • (c) Provost;
  • (d) Student Disability Services;
  • (e) Miami University Libraries;
  • (f) University Communications and Marketing;
  • (g) Office of Equity and Equal Opportunity;
  • (h) Student Affairs;
  • (i) Intercollegiate Athletics; and
  • (j) Purchasing and Central Services.

Miami may, at any time, add to the University Accessibility Committee representatives from other departments, provided that Miami reports any such additions in the next reporting required by Part VI, "Reporting, Enforcement, and Other Provisions," infra.

41. The University Accessibility Committee, which will be chaired by the Vice President for Information Technology, will have overall responsibility for implementing the requirements of this Decree and will assist the Accessible Technology Coordinator, the Web Accessibility Coordinator, the Accessible Technology Specialist, and Student Disability Services in implementing this Decree.

42. The University Accessibility Committee will meet at least quarterly during the term of this Decree to discuss challenges and strategies for addressing accessibility barriers and the implementation of this Decree.

DOJ Project Civic Access Settlement Agreements [#36-48 and 168-169]

DOJ Project Civic Access Settlement Agreements [#36-48 and 168-169] include the following statement regarding the designation of a responsible person/office:

  • “Designate an employee as the web accessibility coordinator for the County who will be responsible for coordinating the County's compliance with the requirements of Section K of this Agreement.  The web accessibility coordinator shall have experience with the requirements of Title II of the ADA, the Web Content Accessibility Guidelines (WCAG) version 2.0, and website accessibility generally”

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