DOJ Settlement Agreements Related to Enlisting People with Disabilities to Test Webpages

List of Settlements

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 21] [Exhibit A]

16. The United States of America v. QuikTrip Corporation, Consent Decree [Paragraph 23] [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, DJ No. 202-63-169 [Paragraph 19] [Exhibit A]

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 [Paragraph 16] [Paragraph 19]

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 [Paragraph 35]

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 [Paragraph 24]

36. Settlement Agreement Between the United States of America and McLennan County, Texas Under the Americans with Disabilities Act, DJ No. 204-76-199 [Paragraphs 41-42]

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

Descriptions of Applicable Terms

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

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.

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 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.

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.

  1. 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.
  2. 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:
    1. 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.
    2. 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
    3. 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.
    4. 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.
    5. 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).

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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, DJ No. 202-63-169

19. User Accessibility Testing Group: By the applicable Conformance Date and at least once annually for the term of this Agreement after the Conformance Dates, tests shall be conducted by individuals with different disabilities, including at a minimum individuals who are blind or have low vision, individuals who are deaf or hard of hearing, and individuals who have physical disabilities affecting manual dexterity (such as those limiting the ability to use a mouse). Testing required by this Paragraph shall include the usability of the pages that are essential to the use of www.peapod.com by customers and the public, such as the webpages provided to create an account, log-in, view goods, select items and place them in the virtual shopping cart, check out and pay for items in the virtual shopping cart, and schedule delivery or pick-up.

Exhibit A

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

  • Beginning no later than March 31, 2015 for mobile applications and September 30, 2015 for www.peapod.com, Peapod regularly conducts automated tests of and annually enlists individuals with a variety of disabilities to test www.peapod.com and its mobile applications for accessibility. In addition, Peapod includes individuals with disabilities to test any proposed substantial changes to www.peapod.com whenever such changes are Beta tested.

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

16. Within three months of the effective date of this Agreement, and throughout the life of the Agreement, SDA will do the following:

  1. Establish, implement, and post online a policy that its web pages will be accessible and create a process for implementation;
  2. Ensure that all new and modified web pages and content are accessible;
  3. Develop and implement a plan for making existing web content more accessible;
  4. 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
  5. Periodically (at least annually) enlist people with disabilities to test its pages for ease of use.

19. Within one-year of the effective date of this Agreement, SDA will develop or procure a two-hour training program on the requirements of the ADA and appropriate ways of serving persons with disabilities. SDA will use the ADA technical assistance materials developed by the Department and will consult with interested persons, including individuals with disabilities, in developing or procuring the ADA training program.

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

35. Within six months of the effective date of this Agreement, and throughout the life of the Agreement, the City will do the following:

  1. Establish, implement, and post online a policy that its web pages will be accessible and create a process for implementation;
  2. Ensure that all new and modified web pages and content are accessible;
  3. Develop and implement a plan for making existing web content more accessible;
  4. 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
  5. Periodically (at least annually) enlist people with disabilities to test its pages for ease of use.

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:

  1. 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);
  2. Within three months of the effective date of this Agreement, and throughout the life of the Agreement, the University will do the following:
    1. Establish, implement, and post online a policy that its web pages will be accessible and create a process for implementation;
    2. Ensure that all new and modified web pages and content are accessible;
    3. Develop and implement a plan for making existing web content more accessible;
    4. 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
    5. Periodically (at least annually) enlist people with disabilities to test its pages for ease of use.
  3. 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.

36. Settlement Agreement Between the United States of America and McLennan County, Texas Under the Americans with Disabilities Act, DJ No. 204-76-199

42. Within six (6) months of the effective date of this Agreement, and annually thereafter, unless otherwise designated herein, the County will:

  1. 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;
  2. 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;
  3. Provide training to website content personnel on how to conform all web content and services with, at minimum, WCAG 2.0 AA, Title II of the ADA, and the terms of this Agreement;
  4. Assess all existing web content and online services for conformance with, at minimum, WCAG 2.0 AA, by (1) performing automated accessibility tests of its website and all online services, using an automated tool approved by the United States, to identify any accessibility barriers; and (2) within twelve (12) months of the effective date of this Agreement, enlisting individuals with different disabilities, including at a minimum individuals who are blind, deaf, and have physical disabilities (such as those limiting the ability to use a mouse), to test its pages for ease of use and accessibility barriers;
  5. Provide a notice, prominently and directly linked from its homepage, instructing visitors to its websites on how to request accessible information.  The link shall provide several methods to request accessible information, including an accessible form to submit feedback, an email address, and a toll-free phone number (with TTY) to contact personnel knowledgeable about the accessibility of the website; and
  6. Provide a notice, prominently and directly linked from its homepage, soliciting feedback from visitors to its websites on how to improve website accessibility.  The link shall provide several methods to provide feedback, including an accessible form to submit feedback, an email address, and a toll-free phone number (with TTY) to contact personnel knowledgeable about the accessibility of the website.

43. Within eighteen (18) months of the effective date of this Agreement, the County will:

  1. 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; and
  2. Assess all proposed online services before they are made available to the public for conformance with, at minimum, WCAG 2.0 AA, by: (1) performing automated accessibility tests, using an automated tool approved by the United States, to identify any accessibility barriers; and (2) enlisting individuals with different disabilities, including at a minimum individuals who are blind, deaf, and have physical disabilities (such as those limiting the ability to use a mouse), to test its pages for ease of use and accessibility barriers.

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

DOJ Project Civic Access Settlement Agreements [#36-168] include the following statement regarding enlisting people with disabilities to test web pages:

  • #36-48 and #168 contains the following language:
    • “Enlisting individuals with different disabilities, including at a minimum individuals who are blind, deaf, and have physical disabilities (such as those limiting the ability to use a mouse), to test its pages for ease of use and accessibility barriers.”
  • #49-168 contains the following language:
    • “Periodically (at least annually) enlist people with disabilities to test its pages for ease of use.”

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