SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND WAL-MART STORES, INC. BACKGROUND 1.This Settlement Agreement (Agreement) is made and entered into between the United States of America (United States) and Wal-Mart Stores, Inc.
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This Agreement resolves an investigation of Wal-Mart conducted by the United States Department of Justice (United States) under title III of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12181, et seq. The United States initiated this investigation after it received several complaints alleging that Wal-Mart discriminated against people with disabilities by failing to make reasonable modifications to rules, policies, and procedures at Wal-Mart stores nationwide. In particular, several complainants alleged that Wal-Mart denied equal access to its stores for people with disabilities who use service animals; at least five complainants alleged a failure to provide disability-related assistance, two complainants alleged that Wal-Mart denied equal access by failing to make reasonable modifications in order to accept payment by people with disabilities at different stores; and one complainant alleged that a Wal-Mart auto service department denied him equal access to its services because he was deaf and did not have a cellular telephone. The United States' investigation was conducted under the authority granted by title III of the ADA, 42 U.S.C. § 12188(b)(1) (A)(i); 28 C.F.R. 2.Title III of the ADA and its implementing regulations prohibit discrimination on the basis of disability by places of public accommodation.
§ 12182; 28 C.F.R. Specifically, title III requires places of public accommodation to make reasonable modifications to policies, practices, or procedures to afford access to persons with disabilities, including those who use service animals, that is equal to the access afforded to individuals without disabilities. § 12182(b)(2)(A)(ii); 28 C.F.R.
3.The Attorney General of the United States (Attorney General) is authorized to enforce title III of the ADA by seeking damages and full compliance with title III's provisions, including requiring the owners and operators of a place of public accommodation to make reasonable modifications to policies, practices, and procedures, 28 C.F.R. The Attorney General may commence a civil action to enforce title III in any situation where the Attorney General has reasonable cause to believe that a pattern or practice of discrimination exists or a matter of general public importance is raised.
§ 12188(a)(2); 42 U.S.C. § 12188(b)(1)(B). The Parties to this Agreement are the United States and Wal-Mart. Wal-Mart owns and operates sales establishments throughout the nation and is, therefore, a public accommodation as defined in section 301(7)(E) of the ADA, 42 U.S.C. § 12181(7)(E), and its implementing regulation, 28 C.F.R.
The United States has determined that the complainants are individuals with disabilities, as defined by the ADA and its implementing regulation, 42 U.S.C. § 12102(2); 28 C.F.R. The term 'Wal-Mart Stores' as used herein will mean: all Wal-Mart stores, including but not limited to Division 1 stores, Supercenters, Sam's Clubs, Neighborhood Markets, and other facilities located in the United States where Wal-Mart sells any good or service to members of the public. The term 'Wal-Mart associates' as used herein will mean individuals employed by Wal-Mart.
Prior to the United States' investigation, Wal-Mart had taken certain steps to comply with title III of the ADA, including the adoption of a policy of posting signs at the front of Wal-Mart Stores that say 'Service Animals Permitted' and including information on the ADA in a computer module training program used to train certain new associates. 10.In consideration of the terms of this Agreement, the United States agrees to refrain from undertaking further investigation or filing a civil suit in this matter regarding the areas covered under the Remedial Action section of this Agreement, except as provided in the Enforcement Section of the Agreement. 11.None of the agreements, statements, or actions reflected herein shall be deemed an admission of wrongdoing or liability by Wal-Mart. The agreements, statements, and actions are made in order to compromise and settle certain complaints against Wal-Mart received by the United States and shall not be used for any other purpose, except as herein stated. Wal-Mart expressly asserts that, as described in paragraph 9 above, it already has policies and training in place regarding the service animal requirements of the ADA and seeks to enhance its policies and practices in the manner set forth below. The United States contends that steps taken by Wal-Mart were inadequate to achieve ADA compliance.
REMEDIAL ACTION 12.Consistent with the ADA, Wal-Mart will not discriminate against any individual on the basis of disability in the full and equal enjoyment of any of its goods, services, facilities, privileges, advantages, or accommodations. Specifically, as provided by the ADA, Wal-Mart also will not refuse to make reasonable modifications to policies, practices, and procedures to afford equal access to its goods, services, facilities, privileges, advantages, or accommodations of Wal-Mart Stores by persons with disabilities, including but not limited to persons who use service animals.
Service Animal Policy 13.Within thirty (30) days of the effective date of this Agreement, to ensure equal access for persons with disabilities who use service animals to all facilities owned, operated, leased to, or leased by Wal-Mart in the United States, Wal-Mart will adopt the Service Animal Policy (Policy) attached hereto and incorporated by reference herein as to this Agreement. Wal-Mart may revise the Policy during the term of this Agreement after prior written approval of the United States, which approval shall not be unreasonably withheld or delayed. Reasonable grounds for Wal-Mart to revise the Policy include changing the Policy to conform to changes to the ADA statutory language or changes to the title III regulations. 14.Within sixty (60) days of the effective date of this Agreement, Wal-Mart will begin distributing the Policy attached as to all People Greeters, Store Managers, and Assistant Store Managers through a Computer-Based Learning ('CBL') module with distribution to be completed within one hundred twenty (120) days of the effective date of this Agreement. Thereafter, Wal-Mart will require all new People Greeters, Store Managers, and Assistant Store Managers not previously trained on the Policy to access the CBL module within ten (10) days of the date on which they assume their new positions.
Further, within sixty (60) days of the effective date of this Agreement, Wal- Mart will post a copy of this Policy on its website in a location that is easy for customers with disabilities to find, in a format accessible to persons with disabilities (i.e., HTML format), and in all Wal-Mart Stores in a conspicuous location where associates can readily read the Policy, such as the employee lounge. The posted Policy shall be printed in a bold font no smaller than 16 points on a contrasting background and shall include an image designed by Wal-Mart of a person with a disability who uses a service dog. The heading on the posted Policy ('WAL-MART STORES, INC., POLICY REGARDING SERVICE ANIMALS FOR PEOPLE WITH DISABILITIES') shall be printed in capital letters in a bold font no smaller than 20 points. Physical copies of the posted Policy will be refreshed, as needed, for the life of this Agreement. Within one hundred and twenty (120) days of the effective date of this Agreement, Wal-Mart will provide the United States with proof of the issuance, communication to associates, and posting of the Policy in all Wal-Mart Stores.
15.For the life of this Agreement, on an annual basis, Wal-Mart will provide pre-shift instruction regarding the Policy to all Wal-Mart associates who have contact with the public. Such instruction shall provide an overview of the Policy and associates' responsibilities thereunder, and shall tell associates where the Policy is posted so they may read it. Individual copies of the Policy shall be made available upon request. Wal-Mart will provide the United States with proof that such training occurred. Training 16.Within one hundred twenty (120) days of the effective date of this Agreement, and on an annual basis for the life of this Agreement, Wal-Mart will provide educational training concerning the substantive provisions of the ADA through the CBL module discussed in Paragraph 14 to all People Greeters, Store Managers, and Assistant Store Managers. This training, which, for People Greeters and Assistant Store Managers is expected to be no more than twelve (12) minutes in duration, and which will be developed in consultation with the United States shall include the following: a.
Information on each individual's duties and obligations under title III of the ADA generally and with respect to the obligations to make reasonable modifications to policies, practices, and procedures and to maintain accessible features; b. Instruction on Wal-Mart's policy related to the ADA and service animals; c. Instruction on procedures to ensure that customers with disabilities accompanied by service animals have access to Wal-Mart Stores that is equal to the access afforded to customers without disabilities; d. A question and answer session to review each of the foregoing areas; and e.Certification of attendance by the person conducting the educational program for each person attending the program. Wal-Mart will send the United States copies of all such certifications of attendance within thirty (30) days of each training; f. The review by the United States of the CBL module for Store Managers shall be with regard to the title III components only, not the title I components.
Grievance Procedure 17.Within one hundred twenty (120) days of the effective date of this Agreement, Wal-Mart will post in a conspicuous location in the public entryways of all Wal-Mart Stores a sign prominently stating 'Service Animals Welcome – Report Problems to 1-800-963-8442.' Signage will be printed in a bold font no smaller than 20 points in size on a contrasting background. This signage will be refreshed, as needed, for the life of this Agreement. Wal-Mart further acknowledges that, while it is not a requirement of this Agreement, it is current Wal-Mart policy to post in each store a sign with the Store Manager's name, telephone number, and photograph.
18.Wal-Mart's Ethics Office will be responsible for receiving and investigating all ADA title III-related complaints by customers received at 1-800-963-8442 or otherwise directed to the corporate office. Within sixty (60) days of the effective date of this Agreement, Wal- Mart will post on its Internet website (within the domain the contact information for the Ethics Office in a website location that is easy for customers with disabilities to find and in a format accessible to persons with disabilities (i.e., HTML format). For purposes of this Agreement, a complaint alleging any problem related to a customer's or potential customer's service animal will be treated as an ADA title III- related complaint.
Within thirty (30) days of the effective date of this Agreement, Wal- Mart will train the responsible Ethics Office associates so that they are knowledgeable regarding the requirements of title III applicable to Wal-Mart, including effective communication and reasonable modification requirements, and the terms of this Agreement.
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