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In the wake of the COVID pandemic, Rite Aid 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 Rite Aid'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: (1) certain images, buttons, links, headings, and form fields that were unlabeled or had inaccurate alternative text or labels; (2) pop-up windows and error messages that were not reported to screen readers; and (3) tables that were missing header information and proper mark-up." The DOJ also noted that "Individuals who, because of disability, navigate the website without using a mouse were unable to readily navigate the Vaccine Registration Portal because, for example, certain buttons could not be selected using a keyboard, and "individuals with low vision encountered text and links that had low color contrast with the website’s background."
Rite Aid stated that even in the early development of the Vaccine Registration Portal it had attempted to provide an accesible, online experience. Nonetheless, it did consent 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 Rite Aid to take action within 30 days to conform to standard accessibility guidelines for all resources on the Vaccine Registration Portal, 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 November 1, 2021.
Summary Authors
Caitlin Kierum (2/20/2022)
Bond, Rebecca B. (Pennsylvania)
Brandler, Bruce D. (Pennsylvania)
Butler, Michael J. (Pennsylvania)
Langford, Anne E. (District of Columbia)
Gilbert, Paul D. (Pennsylvania)
Last updated Aug. 30, 2023, 3:01 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: - United States (national) -
Case Type(s):
Special Collection(s):
Key Dates
Closing Date: May 1, 2024
Case Ongoing: No
Plaintiffs
Plaintiff Description:
U.S. 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
Defendant Type(s):
Facility Type(s):
Case Details
Causes of Action:
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Special Case Type(s):
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Content of Injunction:
Issues
General/Misc.:
Access to public accommodations - privately owned
Disability and Disability Rights:
Screen readers and similar accessibility devices
Discrimination Area:
Discrimination Basis: