United States of America v. Ahold USA, Inc. and Peapod, LLC - Settlement Agreement

GENERAL NONDISCRIMINATION REQUIREMENTS

11. Pursuant to Title III of the ADA and its implementing regulation, Peapod:

• a. 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 www.peapod.com and its mobile applications. 42 U.S.C. § 12182(a); 28 C.F.R. § 36.201;

• b. Shall not deny individuals with disabilities the opportunity to participate in and benefit from the goods, services, facilities, privileges, advantages, and accommodations provided through www.peapod.com and its mobile applications. 42 U.S.C. § 12182(b)(1)(A)(i); 28 C.F.R. § 36.202(a);

• c. 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 www.peapod.com and its mobile applications. 42 U.S.C. § 12182(b)(1)(A)(ii); 28 C.F.R. § 36.202(b);

• d. 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, unless Peapod 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. 42 U.S.C. § 12182(b)(2)(A)(iii); 28 C.F.R. § 36.303; and

• e. Shall not utilize standards or criteria or methods of administration that have the effect of discriminating on the basis of disability, or perpetuate the discrimination of others who are subject to common administrative control. 42 U.S.C. § 12182(b)(1)(D); 28 C.F.R. § 36.204.