[blindlaw] Announcement: DOJ Settlement Agreement with Walmart Stores, Inc.

[Nightingale, Noel]

-----Original Message-----
From: Region V ADA Information [mailto:GREATLAKES at LISTSERV.UIC.EDU]On
Behalf Of Robin Jones
Sent: Friday, January 23, 2009 11:32 AM
To: GREATLAKES at LISTSERV.UIC.EDU
Subject: Announcement: DOJ Settlement Agreement with Walmart Stores,
Inc.

The following information is forwarded to you by the DBTAC-Great Lakes ADA
Center (www.adagreatlakes.org) for your information:

Settlement Agreement between the United States of America and Wal-Mart
Stores, Inc. Under Title III of the Americans with Disabilities Act

On January 16, 2009, the Civil Rights Division entered into a settlement
agreement with Wal-Mart Stores, Inc. under Title III of the Americans with
Disabilities Act (ADA) to improve access for persons with disabilities at
Wal-Mart stores nationwide. The agreement resolves an investigation that
was initiated after the Department received several complaints alleging
that Wal-Mart had refused to make reasonable modifications to its rules,
policies, practices, and procedures for customers with disabilities in
violation of Title III of the ADA. Many of the complaints alleged that
persons with disabilities were denied access to Wal-Mart stores or were
denied an equal opportunity to shop, free of repeated challenges by
Wal-Mart staff, because they were accompanied by serice animals. Service
animals are dogs and other animals that are individually trained to work
or perform tasks for persons with disabilities.

The settlement agreement covers all facilities located in the United
States where Wal-Mart sells any good or service to members of the public,
including all Wal-Mart stores, Supercenters, Sam's Clubs, and Neighborhood
Markets. The settlement agreement, which will be effective for three
years, requires Wal-Mart to take several steps to improve access for
customers with disabilities, including:

    * an undertaking by Wal-Mart not to discriminate in violation of Title
III of the ADA and to provide reasonable modifications to individuals
with disabilities as required by Title III of the ADA, such as
disability-related assistance such as helping customers in locating,
lifting, and carrying items;
    * the adoption and implementation of an ADA-compliant policy of
welcoming persons with disabilities who use service animals into
Wal-Mart stores with little or no questioning and without repeated
challenges by Wal-Mart employees;
    * training for all employees on Wal-Mart's obligations under Title III
of the ADA to make reasonable modifications for individuals with
disabilities and Wal-Mart's new ADA-compliant service animal policy;
    * additional training for store management and People Greeters, since
employees in these positions have additional responsibilities under
Wal-Mart's new service animal policy;
    * the posting of Wal-Mart's new service animal policy on its website
and in employee areas at its stores;
    * the establishment of a grievance procedure in which Wal-Mart will
receive complaints alleging violations of Title III of the ADA at a
toll-free hotline, investigate such complaints, and take appropriate
corrective actions to resolve any noncompliance with Title III of the
ADA, including relief to complainants where appropriate;.

Under the settlement agreement, Wal-Mart will also pay $150,000 into a
fund to compensate certain individuals with disabilities who filed
administrative complaints with the Department alleging Wal-Mart's refusal
to make reasonable modifications, including the denial of equal access to
persons with disabilities who use service animals. The Civil Rights
Division will determine which complainants are to receive damages from the
fund and the amount of damages to be received.

In furtherance of the public interest, Wal-Mart will also pay an
additional $100,000 into a fund that will be used by the Civil Rights
Division to finance a public service announcement campaign to increase
public awareness of the access rights of persons with disabilities who use
service animals. The nature and scope of the public service announcement
campaign will be determined by the Civil Rights Division.

The complete Settlement Agreement is available on the US Department of
Justice ADA Website at:  http://www.ada.gov/walmart.htm#settlement