Case: Department of Justice Settlement with Meijer, Inc. re: Vaccine Registration Portal

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Case Summary

In the wake of the COVID pandemic, Meijer created an online portal for individuals to schedule vaccine appointments and get more information about the COVID-19 vaccination ("Vaccine Registration Portal").Following a complaince review under Title III of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12181-12189, the Department of Justice determined that the Meijer's Vaccine Registration Portal was not accessible to some individuals with disabilities. In particular, they found the websit…

In the wake of the COVID pandemic, Meijer created an online portal for individuals to schedule vaccine appointments and get more information about the COVID-19 vaccination ("Vaccine Registration Portal").Following a complaince review under Title III of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12181-12189, the Department of Justice determined that the Meijer's Vaccine Registration Portal was not accessible to some individuals with disabilities.

In particular, they found the website was not accessible to those who used screen reader software, stating that screen readers "encountered, for example, (1) images, buttons, and form fields that were unlabeled or had inaccurate alternative text or labels and (2) text that had low color contrast with the website’s background" and that individuals who could not "navigate the website without using a mouse were unable to navigate the Vaccine Registration Portal because, for example, (1) certain buttons and links lacked a focus indicator or could not be selected using a keyboard and (2) the button to enter the Vaccine Registration Portal could not be accessed using a keyboard."

Meijer stated that it had cooperated fully with the United States to increase accessibility and that it was dedicated to enriching the lives in the communities it served, as it had done throughout the COVID-19 pandemic. It consented to enter into a settlement agreement with the United States and improve the accessibility of the Vaccine Registration Portal, in which it agreed to "take the necessary steps to ensure that individuals with disabilities are not excluded, denied services, segregated, or otherwise treated differently because of the absence of auxiliary aids and services..." in accordance with the ADA.

Specifically, the settlement agreement required Meijer to conform to standard accessibility guidelines for all resources on the Vaccine Registration Portal within 30 days, including resources, files, images, graphics, text, audio, video, multimedia, and services on the website. The agreement also provided for feedback on changes, accessibility testing, retention of an accessibility consultant, an accessibility testing group and subsequent training, recordkeeping and reporting every 90 days. The settlement agreement was in place for 30 months after the effective date, which was December 2, 2022, or until Meijer ceased to offer the Vaccine Registration Portal to the public.

Summary Authors

Caitlin Kierum (2/20/2022)

People


Attorney for Plaintiff

Babinsky, Laura A. (Michigan)

Bond, Rebecca B. (District of Columbia)

Langford, Anne Elizabeth (District of Columbia)

McDannell, Jennifer K. (District of Columbia)

Welan, Joy Levin (District of Columbia)

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Documents in the Clearinghouse

Docket

Last updated Aug. 30, 2023, 1:26 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Other

Case Type(s):

Disability Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Closing Date: Aug. 2, 2024

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States Department of Justice

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Meijer, Inc., Private Entity/Person

Defendant Type(s):

Retailer

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Special Case Type(s):

Out-of-court

Available Documents:

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General/Misc.:

Access to public accommodations - privately owned

Disability and Disability Rights:

Reasonable Accommodations

Screen readers and similar accessibility devices

Visual impairment

Discrimination Area:

Accommodation / Leave

Discrimination Basis:

Disability (inc. reasonable accommodations)