Slide 1:
ADA Audio Conference Series
May 20, 2014
This session is scheduled to begin at 2:00pm Eastern Time
Real-Time Captioning and the PowerPoint presentation are available through the Webinar Platform.   Audio Connection is available through the webinar platform/telephone/Mobile App depending on what you registered for.

Slide 2:
Listening to the Session
The audio for today’s webinar is being broadcast through your computer or via telephone for those that registered for that option.  
If using your computer, please make sure your speakers are turned on or your headphones are plugged in:
You can control the audio broadcast via the Audio & Video panel.  You can adjust the sound by “sliding” the sound bar left or right.
If you are having sound quality problems check your audio controls by going through the Audio Wizard which is accessed by selecting the microphone icon on the Audio & Video panel 

Slide 3:
Listening to the Webinar, continued
MOBILE Users (iPhone, iPad, or Android device (including Kindle Fire HD)) 
Individuals may listen** to the session using the Blackboard Collaborate Mobile App (Available Free from the Apple Store, Google Play or Amazon )

Slide 4:  
Captioning
Real-time captioning is provided during this session via the webinar platform.
The caption screen can be accessed by choosing the CC icon in the Audio & Video panel.
Once selected you will have the option to resize the captioning window, change the font size and save the transcript.

Slide 5:
Submitting Questions
If you are listening by phone you will be instructed by the Operator on how to ask a question.
Via Webinar platform you may type and submit questions in the Chat Area Text Box or press Control-M and enter text in the Chat Area.  You will not be able to see the question after you submit it but it will be viewable by the presenters.
If you are connected via a mobile device you may submit questions in the chat area within the App                                                                                                       
Questions may also be emailed to webinars@ada-audio.org
Please note: This webinar is being recorded and can be accessed on the ADA Audio Conference Series website at www.ada-audio.org within 24 hours after the conclusion of the session.   The edited written transcript will be posted at this same site within 7 business days following the conclusion of the session.

Slide 6:
Customize Your View
Resize the Whiteboard where the Presentation slides are shown to make it smaller or larger by choosing from the drop down menu located above and to the left of the whiteboard.   The default is “fit page”

Slide 7:
Customize Your View continued
Resize/Reposition the Chat, Participant and Audio & Video panels by “detaching” and using your mouse to reposition or “stretch/shrink”.  Each panel may be detached using the icon in the upper right corner of each panel.

Slide 8:
Setting Preferences
Depending on your system settings you may receive visual and audible notifications when individuals enter/leave the webinar room or when other actions are taken by participants.  This can be distracting.
To turn off notifications (audible/visual)
Select “Edit” from the tool bar at the top of your screen
From the drop down menu select “Preferences”
Scroll down to “General”
select “Audible Notifications”   Uncheck anything you don’t want to receive and “apply”
Select “Visual Notifications” Uncheck anything you don’t want to receive and “apply”
For Screen Reader User – Set preferences through the setting options within the Activity Window (Ctrl+slash opens the activity window)

Slide 9:
Technical Assistance
If you experience any technical difficulties during today’s session:
In webinar platform:  Send a private chat message to the host by double clicking “Great Lakes ADA” in the participant list. A tab titled “Great Lakes ADA” will appear in the chat panel.  Type your comment in the text box and “enter” (Keyboard - F6, Arrow up or down to locate “Great Lakes ADA” and select to send a message ); or By Email webinars@ada-audio.org ; or Call 877-232-1990 (V/TTY) 

Slide 10:
Electronic Information & Digital Access
Eugenia Esch and William Lynch
Trial Attorneys
Civil Rights Division
Disability Rights Section
U.S. Department of Justice
ADA National Network
ADA Audio Conference Series
May 20, 2014
Image:  U.S. Department of Justice seal, in blue and gold with an eagle in the center. Logo: Qui pro domina justitia sequitur.

Slide 11:
Agenda
Brief overview of the Americans with Disabilities Act, its regulatory provisions, and application to services migrated to digital technologies
Department of Justice
Public Enforcement Actions
Technical Assistance
Regulatory Actions
Just an FYI: Other Public Accessible Tech Matters
Case Study: Consent Decree among the U.S., National Federation of the Blind, and HRB Digital LLC and HRB Tax Group, Inc. (H&R Block subsidiaries)
Image:  U.S. Department of Justice seal, in blue and gold with an eagle in the center. Logo: Qui pro domina justitia sequitur.

Slide 12:
Digital Migration
Digital migration of a service may include certain inherent features:
Convenience
Flexibility
Remoteness
Rapidity
Independence
Availability
Efficiency
Security
Ease of recordkeeping
Etc.
Potential to substantially benefit all individuals, including individuals with disabilities; or significantly marginalize opportunities and participation if designed and implemented without accessibility
Image:  U.S. Department of Justice seal, in blue and gold with an eagle in the center. Logo: Qui pro domina justitia sequitur.

Slide 13:
ADA Title I – Overview
“No covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.” 42 U.S.C. § 12112(a).

Slide 14:
ADA Title I – Application
State and Local Governments
Private Employers
Employment Agencies
Labor Unions
Image:  U.S. Department of Justice seal, in blue and gold with an eagle in the center. Logo: Qui pro domina justitia sequitur.
Slide 15:
ADA Title I – Does Not Apply to:
Employers with fewer than 15 employees
Executive Branch of the Federal Government: White House and Cabinet Offices
Private Membership Clubs
Native American Reservations
Religious Organizations may give a preference to people of their own religion or religious organization
Image:  U.S. Department of Justice seal, in blue and gold with an eagle in the center. Logo: Qui pro domina justitia sequitur.
Slide 16:
ADA Title II – Overview
“[N]o qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of services, programs or activities of a public entity, or be subjected to discrimination by any such entity.”  	42 U.S.C. § 12132.
Image:  U.S. Department of Justice seal, in blue and gold with an eagle in the center. Logo: Qui pro domina justitia sequitur.
Slide 17:
ADA Title II – Overview
“Public Entity” includes any State or local government and any department, agency or other instrumentality of a State or local government.   
Covers the breadth of state and local government services, programs, and activities
Examples include
Web information
Education (elementary, secondary, undergraduate, and beyond)
Benefit programs
Property tax payments
Registering a business
Obtaining a recycling bin
Paying a parking ticket
Applying for a job
Finding an emergency shelter
Engaging the court system
Etc.
Image:  U.S. Department of Justice seal, in blue and gold with an eagle in the center. Logo: Qui pro domina justitia sequitur.
Slide 18:
Title III-Oveview
“No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.”  42 U.S.C. § 12182(a)
Image:  U.S. Department of Justice seal, in blue and gold with an eagle in the center. Logo: Qui pro domina justitia sequitur.
Slide 19:
Public Accommodations:
Places of lodging;
Food or drink establishments;
Places of exhibition or entertainment;
Places of public gathering;
Sales or rental establishments;
Service establishments;
Specified public transportation;
Places of public display or collection;
Places of recreation;
Places of education;
Social service center establishments; and
Places of exercise or recreation.
Image:  U.S. Department of Justice seal, in blue and gold with an eagle in the center. Logo: Qui pro domina justitia sequitur.
Slide 20:
Relevant Regulatory Provisions – Title I
29 C.F.R. pt. 1630
ALL employment practices:
Job Application Processes
Hiring
Firing
Advancement
Compensation
Training
Recruitment
Advertising
Tenure
Layoff
Leave and Fringe Benefits
Other terms, conditions, and privileges of employment

Slide 21:
Some Relevant Reg. Provisions – Titles II and III
28 C.F.R. pts. 35 and 36
Discrimination directly or through contractual, licensing, or other arrangements;
Denial of participation or benefit;
Unequal opportunity to participate or benefit;
Separate or different, but unnecessary opportunity to participate or benefit; 
Ineffective aids, benefits, or services;
Aiding or perpetuating discrimination;
Otherwise limiting rights, privileges, advantages, or opportunities;
Utilizing standards or criteria that result in discrimination;
Failing to take appropriate steps to ensure effective communication through the provision of appropriate auxiliary aids and service, unless fundamental alteration or undue burden;
Failing to make reasonable modifications to policies, practices, and procedures, unless fundamental alteration.

Slide 22:
Auxiliary Aids and Services, Relevant Examples
“Qualified interpreters . . . through video remote interpreting (VRI) services; . . . written materials; . . . open and closed captioning, including real-time captioning; . . . voice, text, and video-based telecommunications products and systems; . . . 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; . . .

“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;

“Acquisition or modification of equipment or devices; and

“Other similar services and actions.”

Slide 23:
What are examples of accessibility barriers?
Lack of text labels for forms, images, and buttons for screen reader navigation
Keyboard accessibility for screen reader and voice dictation software navigation – e.g., Flash-based without appropriate code
Lack of captions and audio descriptions of multimedia
Lack of adequate contrast
Timing or logging out – e.g., timeout for security reasons
Notification of errors – e.g., incorrect credit card number or log-in
Ability to change layout without losing content – e.g., remove Cascading Style Sheet
Use of structure for navigation – e.g., lack of heading designations

Slide 24
Selected Department of Justice Enforcement Actions
Intervention, Complaint, and Consent Decree, NFB et al. v. HRB Digital LLC et al.
Resolving accessibility of www.hrblock.com and mobile applications
Statement of Interest of the U.S., New v. Lucky Brand
Discussing application of effective communication obligations to touch-screen point-of-sale devices used to independently transact debit and credit purchases
Statements of Interest, National Association of the Deaf v. Netflix
Statement of Interest concerning closed captioning of Netflix’s “Watch Instantly” Internet streamed content
Statement of Interest concerning interplay between Twenty-First Century Communications and Video Accessibility Act of 2010 (CVAA) and the ADA

Slide 25:
Recent Department of Justice Enforcement Actions
Settlement Agreement with Newseum
Requiring appropriate auxiliary aids and services in all public programs, media, and exhibits, including its website
Project Civic Access Agreements
Accessibility of state and local government websites

Slide 26:
Recent Department of Justice Enforcement Actions
E-Reader Agreements, concerning Kindles:
Case Western Reserve University Letter of Resolution
Pace University Letter of Resolution
Princeton University Letter of Resolution
Reed College Letter of Resolution
Arizona State University Settlement Agreement
Settlement Agreement with the Sacramento Public Library Authority
Concerning the use of inaccessible Nook e-book readers in patron lending program

Slide 27:
Recent Department of Justice Enforcement Actions
Settlement Agreement with Louisiana Tech University
Use of an inaccessible web-based learning management system software
Settlement Agreement with Atlanta’s John Marshall Law School
Requiring an application process that is usable by applicants who are blind

Slide 28:
Technical Assistance
Dear Colleague Letter to College and University Presidents
Concerning the inaccessibility of course materials, technology, and equipment 
in the university setting
Image: Screenshot of Department of Justice and Department of Education's "Dear Colleague" letter to University or College presidents regarding inaccessible e-reader devices
Slide 29:
Rulemaking
On July 26, 2010, the Department issued Advanced Notices of Proposed Rulemaking in the following areas:
Accessibility of Web Information and Services
Movie Captioning and Audio Description
Accessibility of Next Generation 9-1-1
Equipment and Furniture

Slide 30:
Just an FYI: Other Accessible Tech Matters
Settlement Agreement between the U.S. Department of Education and University of Montana
Requiring policies and procedures to ensure all electronic and information technology procured or deployed by the University, including e-textbooks, course materials, online course registration, learning management systems, classroom technology (e.g., smart podiums and clickers), library services, office equipment, etc.,  can be used by students who are blind and have other disabilities.
Settlement between Disability Rights Advocates and Berkley University
Requiring policies to ensure information access for students
Accessibility Initiative Agreement between the National Federation of the Blind of Massachusetts and Square
Requiring accessibility of mobile payment application

Slide 31:
Just an FYI: Other Accessible Tech Matters
Faraj v. Marriott International, Inc., 3:13-cv-00300 (S.D. Cal. filed Feb. 6, 2013)
Accessibility of software used in management positions
Settlement Agreement with CVS
Regarding talking prescription labels
Settlement Agreement with Safeway
Regarding accessibility of website for ordering groceries and delivery

Slide 32:
A Case Study: www.hrblock.com and Mobile Applications
Timeline:
April 8, 2013: Class Action Complaint by National Federation of the Blind, Mika Pyyhkala, and Lindsay Yazzolino against HRB Digital LLC and HRB Tax Group, Inc., subsidiaries of H&R Block, Inc., alleging violations of Title III of the Americans with Disabilities Act and the Massachusetts Equal Rights Act

November 25, 2013:  United States moves to intervene, asserting claim under Title III against HRB Digital LLC and HRB Tax Group, Inc., seeking injunctive relief for individuals with disabilities generally, damages for Mr. Pyyhkala and Ms. Yazzolino, and a civil penalty.
December 11, 2013:  United States filed Complaint in Intervention.
March 25, 2014:  Court enters parties’ proposed Consent Decree to universally resolve litigation.

Slide 33:
A Case Study: www.hrblock.com and Mobile Applications
Consent Decree Overview:
Website and Online Tax Preparation Product: WCAG 2.0 AA conforming by January 1, 2015
Mobile Apps: WCAG 2.0 AA conforming by January 1, 2016
Various Steps to bring www.hrblock.com and the mobile apps into conformance, and keep them in conformance

Slide 34:
A Case Study: www.hrblock.com and Mobile Applications
General Nondiscrimination Requirements Injunction:
Prohibits denying individuals with disabilities the opportunity to participate in and benefit from the goods, services, facilities, privileges, advantages, and accommodations provided through www.hrblock.com, the mobile applications, and the Online Tax Preparation Product
Prohibits unequal opportunity to participate in and benefit from the goods, services, facilities, privileges, advantages, and accommodations provided through www.hrblock.com, the mobile applications, and the Online Tax Preparation Product
Must take the necessary steps to ensure individuals with disabilities are not excluded, denied services, segregated, or otherwise treated differently because of the absence of auxiliary aids and services, through www.hrblock.com, the mobile applications, and the Online Tax Preparation Product
Prohibits the use of standards or criteria or methods of administration that have the effect of discriminating on the basis of disability, or perpetuate discrimination of others who are subject to common administrative control.

Slide 35:
A Case Study: www.hrblock.com and Mobile Applications
Web Accessibility Policy – June 1, 2014
Distributed initially, on new hire, and annually to web content personnel, call center personnel, and contractors responsible for web content
Publish a statement of commitment to accessibility, and the ability to submit questions
Web Accessibility Coordinator – June 15, 2014
Knowledgeable of the terms of the decree, including the legal requirements, WCAG 2.0, and web accessibility generally
Responsible for overseeing, managing, and coordinating implementation of the decree
Responsible for reporting and documenting quarterly, at minimum, to the 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 of the decree have been met, and, if not, which ones and why

Slide 36:
A Case Study: www.hrblock.com and Mobile Applications
Web Accessibility Committee – July 15, 2014
Monitoring and maintaining conformance
Web Accessibility Feedback – July 15, 2014
Notice, prominently and directly linked from www.hrblock.com homepage, soliciting feedback from visitors on how the website, mobile apps, and Online Tax Preparation Product can be improved
Must include several methods to provide feedback, including an accessible form to submit feedback or an email address, and a toll-free number (with TTY) to contact knowledgeable representatives about the Website Accessibility Policy
Customer Assistance for H&R Block Users with Disabilities – December 1, 2014
Train call service personnel to auto escalate web access barriers – no less than 5% on staff at any given time.
December 1, 2015 for mobile apps
Web Accessibility Training – August 15, 2014 and when hired into such roles
For 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 on conforming to WCAG 2.0 AA.

Slide 37:
A Case Study: www.hrblock.com and Mobile Applications
Performance Reviews of Web Accessibility Coordinator and H&R Block Employees
Performance reviews evaluate degree and effectiveness of incorporating accessibility considerations by coordinator, call service operations personnel, and Web Content Personnel
Automated Testing – October 1, 2014
Select tool acceptable to Private Plaintiffs and U.S. to evaluate conformance with WCAG 2.0 AA
Beginning December 1, 2014, and every three months for five years conduct automated tests of www.hrblock.com 
June 1, 2015 and each year thereafter, and once per month, test Online Tax Preparation Product
October 1, 2014 – if one exists, select mobile app testing tool
User Accessibility Testing Group – October 1, 2014, annually
Whenever a substantial proposed change will be made, individuals with different disabilities shall test the change

Slide 38:
A Case Study: www.hrblock.com and Mobile Applications
Modification of Bug Fix Priority Policies – December 1, 2014
Modify existing policies to include accessibility bugs are remedied with same level of priority as any other equivalent loss of function
Web Accessibility Consultant and Evaluation
July 15, 2014 - Retain consultant, approved by all parties
September 15, 2014, and annually, consultant provides written evaluation on whether website, mobile apps, and Online Tax Preparation Product are in conformance, whether there are recurring or significant deviations, and make recommendations.
Copies provided to all parties.
Block to incorporate recommendations.
$22,500 to each individual Private Plaintiff, $55,000 civil penalty
Reporting

Slide 39:
Contact Information
William Lynch
William.lynch@usdoj.gov
Eugenia Esch
Eugenia.esch@usdoj.gov

Slide 40:
Thank you for participating in today’s 
ADA-Audio Conference Session
The next scheduled session is:
“Disclosure under the ADA and it’s relationship to Section 503 Regulations”
June 17, 2014
www.ada-audio.org or 877-232-1990 (V/TTY)