SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND 360 FEDERAL CREDIT UNION UNDER THE AMERICANS WITH DISABILITIES ACT

DJ# 202-14-182

BACKGROUND

1. This Settlement Agreement is made by and entered into between the United States of America and 360 Federal Credit Union ("THE CREDIT UNION"). The Agreement resolves an investigation of THE CREDIT UNION conducted by the United States Department of Justice (United States or Department) 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. pt. 36.

2. The United States initiated its investigation of THE CREDIT UNION after receiving a complaint made by an individual who is deaf or hard of hearing. The complainant alleged that THE CREDIT UNION is in violation of title III of the ADA because it maintains a policy against accepting third party calls, including relay calls.

3. The United States investigated the complaint under the authority granted by the ADA, 42 U.S.C. § 12188(b)(1)(A)(i) and 28 C.F.R. § 36.502.

4. During the investigation, THE CREDIT UNION admitted that it does not accept relay calls due to security concerns, but denied that it had received any relay calls in the past three years.

5. The United States has concluded that THE CREDIT UNION violated title III of the ADA. THE CREDIT UNION denies that it violated title III of the ADA or any other law.

6. The Attorney General of the United States is authorized to enforce title III of the ADA by seeking monetary relief for aggrieved persons, civil penalties, and full compliance with title III provisions, such as requiring public accommodations to make reasonable modifications to policies, practices, and procedures and provide auxiliary aids and services, 42 U.S.C. § 12188(b) 28 C.F.R. § 36.504. The Attorney General may commence a civil action to enforce title III in any situation where he has reasonable cause to believe that a pattern or practice of discrimination exists or a matter of general public importance is raised. 42 U.S.C. § 12188(b)(1)(B); 28 C.F.R. § 36.503.

7. THE CREDIT UNION owns and operates places of public accommodation in multiple locations in Connecticut. Therefore, THE CREDIT UNION is a public accommodation as defined in section 301(7)(F) of the ADA, 42 U.S.C. § 12181(7)(F) and its implementing regulation, 28 C.F.R. § 36.104.

8. Title III of the ADA and the title III implementing regulation prohibit discrimination on the basis of disability by public accommodations. 42 U.S.C. § 12182; 28 C.F.R. § 36.201. Specifically, title III requires public accommodations to provide auxiliary aids and services when necessary to ensure effective communication with individuals with disabilities. 42 U.S.C. § 12182(b)(2)(A)(iii); 28 C.F.R. § 36.303. Title III also requires public accommodations to make reasonable modifications to policies, practices, or procedures when such modifications are necessary to afford goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities. 42 U.S.C. § 12182(b)(2)(A)(ii); 28 C.F.R. § 36.302(a).

9. In consideration of the terms of this Agreement, the United States agrees to refrain from undertaking further investigation or filing a civil lawsuit in this matter regarding the allegations of Department of Justice complaint DJ # 202-14-182, except as provided in the Enforcement section of this Agreement.

DEFINITIONS

10. The term "THE CREDIT UNION employees" shall mean individuals employed by THE CREDIT UNION and contractors working for THE CREDIT UNION.

11. The term "appropriate auxiliary aids and services" shall mean:

    1. Qualified interpreters on-site or through video remote interpreting (VRI) services; note takers; computer-aided transcription services; written materials; exchange of written notes; telephone handset amplifiers; assistive listening devices; assistive listening systems; telephones compatible with hearing aids; closed caption decoders; open and closed captioning, including real-time captioning; voice, text, and video-based telecommunications products and systems, including text telephones (TTYs), videophones, and captioned telephones, or equally effective telecommunications devices; videotext displays; accessible electronic and information technology; or other methods of making aurally delivered information available to individuals who are deaf or hard of hearing; and

    2. Qualified readers, taped texts, audio recordings, Brailled materials and displays, screen reader software, magnification software, optical readers, secondary auditory programs (SAP), large print materials, accessible electronic and information technology, or other effective methods of making visually delivered materials available to individuals who are blind or have low vision.

12. The term "qualified interpreter" shall mean an interpreter who, via a video remote interpreting service (VRI) or an on-site appearance, is able to interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary. Qualified interpreters include, for example, sign language interpreters, oral trans literators, and cued-language trans literators. Someone who has only a rudimentary familiarity with sign language or finger spelling is not a "qualified interpreter" under this Agreement. Likewise, someone who does not possess the ability to process spoken communication into the proper signs or to observe someone signing and change their signed or finger spelled communication into spoken words is not a qualified sign language interpreter.

13. The term "video remote interpreting (VRI) service" means an interpreting service that uses video conference technology over dedicated lines or wireless technology offering high-speed, wide-bandwidth video connection that delivers high-quality video images meeting the following requirements:

    1. Real-time, full-motion video and audio over a dedicated high-speed, wide-bandwidth video connection or wireless connection that delivers high-quality video images that do not produce lags; choppy, blurry, or grainy images; or irregular pauses in communication;

    2. A sharply delineated image that is large enough to display the interpreter's face, arms, hands, and fingers, and the participating individual's face, arms, hands, and fingers, regardless of his or her body position;

    3. A clear, audible transmission of voices; and

    4. Adequate training to users of the technology and other involved individuals so that they may quickly and efficiently set up and operate the VRI.

14. The term "relay services" shall mean any calls made through a telephone / TTY relay service provider, Internet Protocol (IP) relay service provider, video relay service provider, or other relay service provider that may come into existence as communications technology advances. Telephone / TTY relay services involve a relay operator who uses both a standard telephone and a TTY to type the voice messages to the TTY user and read the TTY messages to the standard telephone user. IP relay services involve a relay operator who uses both a standard telephone and a computer terminal to type the voice messages as text to the computer / smart phone / cellular phone user and read the text messages to the standard telephone user. Video relay services involve a relay operator who uses both a standard telephone and a computer video terminal to communicate voice messages in sign language to the computer video terminal user and to voice the sign language messages to the standard telephone user.

15. The term "qualified reader" shall mean a person who is able to read effectively, accurately, and impartially using any necessary specialized vocabulary.

REMEDIAL ACTIONS

16. In exchange for a release and waiver agreement executed by the Complainants, THE CREDIT UNION agrees to compensatory damages in the amount of one thousand, five hundred dollars, and 00 cents ($ 1,500.00) to the Complainant to reimburse him for the costs he incurred as a result of THE CREDIT UNION's failure to accept his relay calls.

17. THE CREDIT UNION shall not discriminate against any individual on the basis of disability in the full and equal enjoyment of any of its goods, services, facilities, privileges, advantages, or accommodations or otherwise violate any provision of title III or section 503 of the ADA, 42 U.S.C. §§ 12181 - 12189, 12203, or the title III implementing regulation, 28 C.F.R. pt. 36, including but not limited to the following:

    1. THE CREDIT UNION shall not impose or apply eligibility criteria that screen out or tend to screen out an individual on the basis of disability from fully and equally enjoying any of its goods, services, facilities, privileges, advantages, or accommodations, 42 U.S.C. § 12182(b)(2)(A)(i) and 28 C.F.R. § 36.301(a)

    2. THE CREDIT UNION shall not refuse to make reasonable modifications in policies, practices, and procedures when such modifications are necessary to afford such goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities, 42 U.S.C. § 12182(b)(2)(A)(ii) and 28 C.F.R. § 36.302;

    3. THE CREDIT UNION shall furnish appropriate auxiliary aids and services, free of charge, when necessary to ensure effective communication with individuals with disabilities and shall take any and all reasonable steps that may be necessary to ensure that no individual with a disability is excluded, denied services, segregated, or otherwise treated differently than other individuals because of the absence of auxiliary aids and services, 42 U.S.C. § 12182(b)(2)(A)(iii) and 28 C.F.R. §§ 36.301(c) 36.303; and

    4. THE CREDIT UNION shall not engage in retaliation, coercion, interference, intimidation, or any other action prohibited by the ADA, 42 U.S.C. § 12203 and 28 C.F.R. § 36.206.

ADOPTION AND IMPLEMENTATION OF EFFECTIVE COMMUNICATION POLICY

18. Within thirty (30) days of the effective date of this Agreement, to ensure equal access for persons with disabilities, THE CREDIT UNION shall adopt, implement, and thereafter maintain the "360 Federal Credit Union Policy for Ensuring Effective Communication with Individuals with Disabilities" (Effective Communication Policy), attached to this Agreement as Exhibit A and incorporated herein by reference.

19. Within thirty (30) days of the effective date of this Agreement, THE CREDIT UNION shall distribute the Effective Communication Policy to all employees and contractors who have contact with the public either in person, through the telephone, via the computer, or by any other distribution channel. Within sixty (60) days of the effective date of this Agreement, THE CREDIT UNION shall furnish to the United States documentation confirming the implementation and distribution of the Effective Communication Policy to THE CREDIT UNION's employees and contractors.

20. THE CREDIT UNION shall distribute the Effective Communication Policy to all newly hired employees and contractors who have duties involving contact with the public either in person, through the telephone, via the computer, or by any other distribution channel within three (3) days of the date on which each such employee or contractor is hired.

21. THE CREDIT UNION shall post and maintain a copy of the Effective Communication Policy in all THE CREDIT UNION locations in a conspicuous location where employees and the public can readily read it, such as the employee lounge and an area adjacent to public entrances. The Effective Communication Policy posted in THE CREDIT UNION locations shall be printed in a bold font no smaller than 20 points on a contrasting background. The heading on the posted Effective Communication Policy shall be printed in capital letters in a bold font no smaller than 26 points. Physical copies of the posted Effective Communication Policy will be maintained and refreshed, as needed, for the life of this Agreement. If THE CREDIT UNION maintains a website within the term of this Agreement, THE CREDIT UNION shall post and maintain a copy of the Effective Communication Policy on its website in a location that is easy for the public to find (i.e., directly linked to the primary web portals used by the public with an appropriate description of the Effective Communication Policy at the link located on those portals (e.g., ADA Policy/Effective Communication)), in a format accessible to persons with disabilities (e.g., HTML). Within sixty (60) days of the effective date of this Agreement, THE CREDIT UNION shall provide the United States with proof of posting the Effective Communication Policy in all THE CREDIT UNION locations and on its website (if applicable).

22. Within sixty (60) days of the effective date of this Agreement and at least once per year, during the term of this agreement THE CREDIT UNION shall provide an educational training program regarding its obligations under title III of the ADA, this Agreement, and the Effective Communication Policy to all THE CREDIT UNION employees and contractors who have contact with the public as well as those who make decisions affecting the public. The training program, the materials for which shall be approved in advance by the United States, shall be no less than one hour in duration, shall be conducted separately from any training on nondiscrimination in employment, shall provide employees and contractors an opportunity to ask questions and get them answered, and shall be conducted by a person or organization with a high level of expertise regarding the requirements of title III of the ADA. THE CREDIT UNION shall bear all costs associated with the development and delivery of this training program to its employees and contractors. Within sixty (60) days of the effective date of this Agreement, THE CREDIT UNION shall provide the United States with proof that such training has occurred and that all employees and contractors have received it.

RELAY CALLS

23. Beginning immediately as of the effective date of this Agreement, to provide equal access to its telephone services for individuals with disabilities, THE CREDIT UNION shall require all of its employees and contractors who interact with the public to accept calls via relay services from individuals who are deaf or hard of hearing, or have speech disabilities.

24. When THE CREDIT UNION employee receives a call made through a relay service, the employee may take reasonable steps to ensure that the call is valid. These steps may include verification of personal information so long as such verification is not unduly intrusive nor extensive and is equivalent to the verification process used with a caller who does not communicate using a relay service. After such verification has been completed, the employee shall provide to the person with a disability communicating through a relay service access to any service that would be provided to a person without a disability who is communicating with THE CREDIT UNION by telephone.

25. Within sixty (60) days of the effective date of this Agreement, THE CREDIT UNION shall provide training on the use of relay services to place and receive telephone calls to all employees and contractors whose duties involve telephone communication with the public. Such training shall include information regarding the use of each different type of relay service (TTY relay service, IP relay service, and video relay service), the procedures to be followed, and the telephone numbers to be used locally to contact each type of relay service to place a relay call.

PHONE LINES DEDICATED TO TTYS

26. Within sixty (60) days of the effective date of this Agreement, to ensure effective communication with persons with disabilities who elect to use TTYs to communicate with THE CREDIT UNION, THE CREDIT UNION shall ensure that telephone services dedicated to TTYs are staffed on a basis equivalent to the staffing provided for telephones that are not dedicated to TTYs. Callers using TTYs shall not be directed to leave a message in any circumstance in which callers who do not use TTYs would instead be connected to a representative.

EFFECTIVE COMMUNICATION DURING FACE-TO-FACE SERVICES

27. Beginning immediately as of the effective date of this Agreement, and pursuant to the Effective Communication Policy, THE CREDIT UNION shall provide individuals who are deaf, are hard of hearing, or have speech disabilities with appropriate auxiliary aids and services, including qualified sign language interpreters and oral interpreters, where necessary to ensure effective communication during face-to-face encounters.

28. The determination of which auxiliary aid or service is appropriate for face-to-face encounters shall be made by THE CREDIT UNION. As set out in the Effective Communication Policy in Exhibit A, THE CREDIT UNION will consult with the requesting individual with a disability to determine what type of auxiliary aid is needed to ensure effective communication. The determination shall take into account the nature, circumstances, length, complexity, and importance of the communication, as well as the communication skills of the person with a disability for whom auxiliary aids and services have been requested. The provided auxiliary aid or service must result in effective communication for the individual with a disability.

DOCUMENTS AND INFORMATION IN ALTERNATE FORMATS

29. Beginning immediately as of the effective date of this Agreement, and pursuant to its Effective Communication Policy, THE CREDIT UNION shall provide members of the public who are blind or have low vision with appropriate auxiliary aids and services, including documents in alternate formats, where necessary to ensure effective communication.

MAINTAINING RECORDS

30. For the term of this Agreement, THE CREDIT UNION shall preserve all records related to this Agreement, including but not limited to those required by the Effective Communication Policy. Upon reasonable notice to THE CREDIT UNION, representatives of the United States shall be permitted to inspect and copy any of THE CREDIT UNION's records or inspect any of THE CREDIT UNION's locations bearing on compliance with this Agreement at any and all reasonable times, provided, however, that the United States shall endeavor to minimize any inconvenience to THE CREDIT UNION from such inspections.

31. Within ninety (90) days of the effective date of this Agreement and, every year thereafter, for a period of two (2) years, THE CREDIT UNION will submit a written report to the United States describing all actions relating to compliance and noncompliance with this Agreement, including, inter alia, copies of policies and training programs, photographs of notices posted, and any other documents to support compliance with this Agreement. Within sixty (60) days of receipt of a written request by the United States, THE CREDIT UNION shall provide documents and other information sought by the United States to determine compliance with this Agreement.

ENFORCEMENT

32. If at any time THE CREDIT UNION desires to modify any portion of this Agreement because of changed conditions making performance impossible or impractical or for any other reason, it will promptly notify the United States in writing, setting forth the facts and circumstances thought to justify modification and the substance of the proposed modification. All modifications to the Agreement must receive the prior written approval of the United States, which approval shall not be unreasonably withheld or delayed. Until there is written agreement by the United States to the proposed modification, the proposed modification will not take effect.

33. The United States may review compliance with this Agreement at any time, including, but not limited to, testing of any THE CREDIT UNION services, locations, or facilities. If the United States believes that THE CREDIT UNION has failed to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the United States for a modification of the relevant terms, the United States will so notify THE CREDIT UNION in writing, and it will attempt to resolve the issue or issues in good faith. If the United States is unable to reach a satisfactory resolution of the issue or issues raised within sixty (60) days of the date it provides notice to THE CREDIT UNION, it may institute a civil action in federal court to enforce the terms of this Agreement or title III and may, in such action, seek any relief available under law.

34. Failure by the United States to enforce this Agreement with regard to any deadline or any other provision will not be construed as a waiver of the United States' right to enforce other deadlines and provisions of this Agreement.

35. A copy of this Agreement, including Exhibit A, will be made available to any person by THE CREDIT UNION or the United States on request.

36. This Agreement, including Exhibit A, shall be binding on THE CREDIT UNION and its agents, employees, associates, and contractors. In the event THE CREDIT UNION seeks to transfer or assign all or part of its interest in any THE CREDIT UNION location or service covered by this Agreement, and the successor or assignee intends on carrying on the same or similar use of the facility, as a condition of sale, THE CREDIT UNION shall obtain the written accession of the successor or assignee to any obligation remaining under this Agreement for the remaining term of this Agreement.

37. This Agreement, including Exhibit A, constitutes the entire agreement between the United States and THE CREDIT UNION on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or their respective agents, that is not contained in this written Agreement, will be enforceable. This Agreement does not affect THE CREDIT UNION's continuing responsibility to comply with all aspects of the ADA and other federal laws.

38. This Agreement will remain in effect for two (2) years.

39. The person signing this Agreement for THE CREDIT UNION represents that he or she is authorized to bind THE CREDIT UNION to this Agreement.

40. The Effective Date of this Agreement is the date of the last signature below.

FOR 360 FEDERAL CREDIT UNION

By: /s/ Robert L. Aresti
Robert L. Aresti,
President and CEO
360 Federal Credit Union

Date: 2/4, 2016

FOR THE UNITED STATES

By: /s/ Ndidi N. Moses
Ndidi N. Moses
Assistant U.S. Attorney

Date: __, 2016