DOJ Settlement Agreements Related to WCAG 2.0 (A) and (AA)

This language is included in the more recent settlement agreements because a person reviewing individual requirements in WCAG 2.0 may not understand that both Level A and Level AA Success Criteria must be met in order to attain Level AA.

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 12] [Exhibit A-B]

27. Settlement Agreement Between the United States of America and Carnival Corporation, DJ No. 202-17M-206 [Paragraph 26]

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

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 20]

33. Settlement Agreement Between the United States of America and Swedish Edmonds Hospital [Paragraph 36]

Descriptions of Applicable Terms

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

12. Website and Mobile Applications Accessibility Conformance: Peapod shall ensure full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations provided by and through www.peapod.com and its mobile applications according to the following timeline and requirements:

  1. By March 31, 2015, (the "Mobile Applications Conformance Date"), Peapod shall ensure that its mobile applications conform to WCAG 2.0 AA.
  2. By September 30, 2015, (the "Website Conformance Date"), Peapod shall ensure that www.peapod.com conforms to WCAG 2.0 AA. The Website Conformance Date and the Mobile Applications Conformance Date shall together be referred to as the "Conformance Dates" in this Agreement.
  3. After the Mobile Applications Conformance Date and the Website Conformance Date, as applicable, whenever a substantial proposed addition, update, or change to www.peapod.com or its mobile applications is made available to any group of Peapod users or customers (e.g., "Beta testing"), Peapod shall not release for public viewing or use those additions, updates, or changes until it has determined through automated and user testing that those proposed additions, updates, or changes conform to WCAG 2.0 AA and will not cause www.peapod.com or Peapod's mobile applications to fall out of conformance with WCAG 2.0 AA. This requirement applies to existing and new content on www.peapod.com and its mobile applications following the applicable Conformance Dates.
  4. The requirements set forth in Paragraphs (a) through (c) do not apply to advertisements provided by third parties or websites not owned or controlled by Peapod that are linked to www.peapod.com unless the website at the link provides a function that is necessary to complete a transaction on www.peapod.com (e.g., payment, registration, or log-in).
  5. Third-Party Content.

(i) Following the Effective Date of this Agreement, and for the term of this Agreement, for each new, renewed, or renegotiated contract with a vendor of Third-Party Content, Peapod shall seek a commitment from the vendor to provide content in a format that conforms to WCAG 2.0 AA or can be made to conform by Peapod to WCAG 2.0 AA. If during this contracting process Peapod issues a request for proposal for development or inclusion of Third-Party Content on its mobile applications or www.peapod.com, Peapod shall include conformance with WCAG 2.0 AA as a criterion. For Third-Party Content that is not subject to a written contract, Peapod shall seek out such content that conforms to WCAG 2.0 AA, which may include discussions with vendors to provide content in a format that conforms to WCAG 2.0 AA or can be made to conform by Peapod to WCAG 2.0 AA.

(ii) If, after following the process set forth above, Peapod is unable to obtain Third-Party Content that conforms to WCAG 2.0 AA, it shall demonstrate through its reporting to the United States, under Paragraph 21, that obtaining or providing conforming Third-Party Content would fundamentally alter the nature of its goods and services or would result in an undue burden.

  1. If the Department promulgates a final ADA Title III regulation setting out a website accessibility technical standard during the term of this Agreement, then the Parties shall meet and confer at the request of either party to discuss whether any modification to the terms of this Agreement regarding the technical standard is necessary to be consistent with the promulgated regulation and shall modify this Agreement accordingly.

Exhibit A

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

  • No later than March 31, 2015 for mobile applications and September 30, 2015 for www.peapod.com, all new web pages, web applications, and web content published to www.peapod.com for public use (excluding advertisements) shall conform to the Level A and Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) (“WCAG 2.0 Level AA”), published by the World Wide Web Consortium (“W3C”), Web Accessibility Initiative (“WAI”), available at www.w3.org/TR/WCAG/.

Exhibit B

Unless otherwise provided in this Agreement, technical terms used in this Agreement have the same meaning as provided in the Web Content Accessibility Guidelines (“WCAG”) 2.0 (Dec. 11, 2008), published by the World Wide Web Consortium (“W3C”), available at www.w3.org/TR/WCAG/.  The term “WCAG 2.0 AA” as used in this Agreement incorporates the Level A and Level AA Success Criteria.

27. Settlement Agreement Between the United States of America and Carnival Corporation, DJ No. 202-17M-206

26. Websites

  1. Within 6 months of the Effective Date of this Agreement, the Company will include a section or link on each of the Covered Websites explaining the Company's accessibility policies and identifying the designated ADA Responsibility Officer for each Covered Brand.
  2. Within 18 months of the Effective Date of this Agreement, the Company will conform the Covered Websites 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/.
  3. Within 36 months of the Effective Date of this Agreement, the Company will conform the Covered Brands mobile applications currently existing or in development by the Covered Brands 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/. Any new mobile application created after the Effective Date of this Agreement will comply with 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/.

28. Greyhound Lines, Inc. Consent Decree

28. For purposes of this Decree, websites and documents will be considered “accessible” if they comply with the Level A and Level AA Success Criteria and Conformance Requirements of the Web Content Accessibility Guidelines 2.0 (Dec. 11, 2008) (“WCAG 2.0 Level AA”), published by the World Wide Web Consortium (“W3C”), Web Accessibility Initiative (“WAI”), available at www.w3.org/TR/WCAG/. “Websites,” as used herein, includes: (i) all web pages, web applications, resources, and services within the website domain, its subdomains, and related domains; and (ii) all of the information, resources, files, databases, images, graphics, text, audio, video, multimedia, services, code, and any other communications sent by or retrieved from the website to members of the public accessing it.

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

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/.

33. Settlement Agreement Between the United States of America and Swedish Edmonds Hospital

36. Website. Swedish Edmonds will include on its website the same or substantially same policy statement.  All new and redesigned web pages, web applications, and web content (“Web Pages”) published by the Hospital must comply with the Web Content Accessibility Guidelines 2.0 level A and AA Success Criteria.

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