DOJ Agreement with Hy-Vee Supermarket to Ensure Access to Online COVID-19 Vaccination Information and Scheduling
Information provided by US Access Board
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Recently the Department of Justice (DOJ) announced an agreement with supermarket chain Hy-Vee, Inc., to ensure access to online COVID-19 vaccination information and scheduling. The agreement will help ensure that individuals with disabilities who use screen readers and those who have difficulty using a mouse can privately and independently book their potentially life-saving vaccination appointments online. This resolution is the DOJ’s second agreement on this critical issue, following a November 2021 announcement of its settlement with Rite Aid Corporation.
The United States initiated a compliance review of this situation under Title III of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12181–12189, and its implementing regulation, 28 C.F.R. §36, to determine whether individuals with disabilities have full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations offered by Hy-Vee through its Vaccine Registration Portal.
Following this review, the United States determined that Hy-Vee’s Vaccine Registration Portal was not accessible to some individuals with disabilities, including those who use screen reader software and those who have difficulty using a mouse to navigate the website, in violation of the ADA.
As a result of this settlement and as required by Title III of the ADA and its implementing regulation, Hy-Vee:
shall not discriminate on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations provided through its Vaccine Registration Portal.
shall not deny individuals with disabilities the opportunity to participate in and benefit from the goods, services, facilities, privileges, advantages, and accommodations provided through its Vaccine Registration Portal.
shall not provide individuals with disabilities an unequal opportunity to participate in or benefit from the goods, services, facilities, privileges, advantages, and accommodations provided through its Vaccine Registration Portal.
shall 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 (including accessible electronic and information technology), unless Hy-Vee can demonstrate that taking those steps would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations being offered or would result in an undue burden.
shall not utilize standards or criteria or methods of administration that have the effect of discriminating on the basis of disability.