From: The National Law Review
On Nov. 17, the U.S. Department of Justice (DOJ) announced that it had entered into a settlement agreement with Ahold U.S.A., Inc., and Peapod, LLC, regarding the accessibility of www.peapod.com and its associated mobile application. This follows on the DOJ having earlier this year entered into a consent decree with H&R Block (which culminated from a lawsuit originally initiated by the National Federation of the Blind) regarding the
accessibility of its website, online tax preparation product and mobile application.
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In July 2010, the DOJ issued an advance notice of proposed rulemaking indicating its intent to promulgate regulations under both Title II (state and local government programs) and Title III (public accommodations) of the ADA to address requirements for website accessibility. To date, DOJ has not yet issued its notice of proposed rulemaking (NPRM) under either title of the ADA. In its most recent semiannual regulatory agenda, issued in May 2014, the DOJ had anticipated issuing its Title II NPRM in August 2014, and its Title III NPRM in March 2015. DOJ’s Title II NPRM currently is under review by the Office of Information and Regulatory Affairs (OIRA) pursuant to Executive Order 12866. The U.S. Access Board’s separate NPRM under Section 508 of the Rehabilitation Act to adopt WCAG 2.0 with respect to websites and other electronic and information technology maintained by the U.S. Government, also is currently under review at OIRA. The U.S. Department of Transportation has already issued final regulations under the Air Carrier Access Act requiring that airline websites comply with WCAG 2.0 Level AA Success Criteria.