Accessible Technology Enforcement by the United States Department of Justice

September 17, 2015

Amanda Maisels, Deputy ChiefDisability Rights Secti onCivil Rights DivisionUnited States Department of Justi ce

Disability Rights Section Jurisdiction• We enforce three titles of the Americans with Disabilities Act, to

ensure equal access and nondiscrimination

• Title I: Employment (state and local government employers)

• Title II: State and Local Governments (e.g., public schools at all levels, courts, public libraries)

• Title III: Public Accommodations (e.g., private schools at all levels, businesses, museums, restaurants)

Technologies That Often HaveAccessibility Barriers• Commercial and public websites

• Devices such as e-readers and point of sale keypads

• educational software

• Mobile applications

• Electronic documents, e-books

Tools

The Department Has Many Tools:• Publish Technical Assistance

• Initiate an investigation

• File a lawsuit

• Intervene in a case

• Issue a Letter of Findings

• File a Statement of Interest

• Make Rules

Web Accessibility Regulations Under Development• 2010: Advanced Notice of Proposed Rulemaking (ANPRM) on

Accessibility of Web Information and Services Provided by Entities Covered by the ADA

• DOJ currently working on Title II and Title III Notices of Proposed Rulemaking (NPRM) on Accessibility of Web Information and Services• Spring 2015 Unified Agenda:• Title II NPRM for State and Local Governments – projected publication was May 1, 2015.

However, it is still currently under OMB review.• Title III NPRM for Public Accommodations – projected publication is April 1, 2016

Technical Assistance: Devices and WebsitesDear Colleague Letter (DOJ/ED)6/29/2010

Accessibility of State and Local Government Websites to People with Disabilities

Recent Enforcement:Websites

Settlement Agreement with edX, Inc. 4/2/2015

• Provider of massive open online courses (MOOCs)

• Agreement to make its website, platform, and mobile applications accessible to individuals with disabilities

Recent Enforcement:Websites

Settlement Agreement with Peapod and Ahold USA, Inc., 11/17/2014

• online grocery delivery company

• agreement to make its website and mobile apps conform with WCAG 2.0AA

Recent Enforcement:Websites

NFB and United States v. HRB Digital LLC, et al. (D. Mass.) 3/25/2014

•U.S. intervened in case challenging accessibility of website, tax filing utility app, and mobile apps

•Resolved with consent decree

Recent Enforcement:Websites • Statement of Interest in NAD v.

Harvard/MIT (D. Mass.) 6/25/2015• Plaintiffs seek captioning of online

courses and lectures for the public

• Statement of Interest in NAD v. Netflix (D. Mass.) on 5/15/2012• Plaintiff sought captioning of online

streamed video programming

Recent Enforcement:Universities

Settlement agreement with Louisiana Tech University 7/22/2013

• Addressed use of inaccessible technology in the university setting

Recent Enforcement:Devices

Statement of Interest inNew v. Lucky Brand (S.D. Fla.) 4/10/2014

• addressed touchscreen displays without tactile buttons or feedback for debit transactions

Recent Enforcement:Public Services

Settlement Agreement with Orange County (FL) Clerk of Courts 7/17/2014

• Inaccessibility of filed court documents for blind attorney

Recent Enforcement:Public Services

Project Civic Access Settlements Wide-ranging effort to ensure that local governments comply with the ADA

Recent Enforcement: Public Employers

Five recent settlement agreements with public employers about online job applications include a requirement that their job applications/website comply with WCAG 2.0 AA

Your Role in Helping the Department Enforce the Americans with Disabilities Act

• Contact us

• File Complaints

Questions?