Case: DOJ Investigation of CVS Pharmacy, Inc.

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Case Summary

This is an out of court investigation initiated by the United States Department of Justice Civil Rights Division (DOJ) under the Americans with Disabilities Act (ADA). The review was undertaken to determine whether individuals with disabilities had full and equal enjoyment of the goods and services offered by CVS through its Vaccine Registration Portal.  Following the conclusion of the investigation, the DOJ determined that portions of CVS’s Vaccine Registration Portal were not accessible to so…

This is an out of court investigation initiated by the United States Department of Justice Civil Rights Division (DOJ) under the Americans with Disabilities Act (ADA). The review was undertaken to determine whether individuals with disabilities had full and equal enjoyment of the goods and services offered by CVS through its Vaccine Registration Portal. 

Following the conclusion of the investigation, the DOJ determined that portions of CVS’s Vaccine Registration Portal were not accessible to some individuals with disabilities, in violation of the ADA. Individuals who used screen reader software encountered accessibility issues, including incorrectly labeled radio buttons, checkboxes, and form fields, an insurance information interface that lacked completeness for screen reader users, and images that were not adequately described for those using screen readers. Additionally, individuals with disabilities who navigated websites without a mouse faced significant challenges, as they would need to press the Tab key numerous times to move through controls, leading to navigation difficulties. As a result, individuals with disabilities could not fully and equally access the Vaccine Registration Portal to obtain information about COVID-19 vaccinations, or schedule vaccination appointments in a private and independent manner.

The parties reached a settlement agreement on April 11, 2022. CVS pledged to conform to the industry standard, voluntary Web Content Accessibility Guidelines, using automated testing, user feedback, and independent consultants. CVS agreed to test the accessibility of the Vaccine Registration Portal every thirty days, and the testing would be conducted by individuals with different disabilities. CVS also agreed to provide annual training on accessibility guidelines to all individuals involved with the design, development, maintenance, and management of the Vaccine content on CVS’s websites. CVS agreed to submit reports every three months for the term of the agreement, beginning June 1, 2022. The agreement was to last for thirty months, ending in October 2024. 

As of December 2023, reporting is ongoing.

Summary Authors

Simran Takhar (12/30/2023)

Documents in the Clearinghouse

Docket

Last updated Aug. 30, 2023, 1:39 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Rhode Island

Case Type(s):

Disability Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

United States Department of Justice Civil Rights Division

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

CVS Pharmacy, 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

Content of Injunction:

Reasonable Accommodation

Discrimination Prohibition

Provide antidiscrimination training

Reporting

Order Duration: 2022 - None

Issues

General/Misc.:

Record-keeping

Staff (number, training, qualifications, wages)

Website

Disability and Disability Rights:

Mobility impairment

Reasonable Modifications

Screen readers and similar accessibility devices

Visual impairment

Discrimination Basis:

Disability (inc. reasonable accommodations)