SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND BLOCKBUSTER INC.DEPARTMENT OF JUSTICE COMPLAINT NUMBER 202-35-231

REMEDIAL ACTION

General Nondiscrimination Requirement

11. Consistent with the requirements of Title III of the ADA, Blockbuster will 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. Specifically, Blockbuster will not refuse to make reasonable modifications to policies, practices, and procedures to afford equal access to the goods, services, facilities, privileges, advantages, and accommodations of its Blockbuster stores by persons with disabilities or when otherwise necessary to avoid discrimination against individuals with disabilities, including but not limited to persons who use service animals.

Service Animal Policy

12. Within thirty (30) days after the effective date of this Agreement, to ensure equal access for persons with disabilities who use service animals to all facilities that it operates, Blockbuster will adopt the Service Animal Policy (Policy) attached hereto and incorporated by reference herein as Attachment A to this Agreement.

Within ninety (90) days after the effective date of this Agreement, Blockbuster will distribute the Policy to all Store Managers, who shall distribute the Policy attached as Attachment A to all Blockbuster store employees who have contact with the public. Thereafter, Blockbuster will provide a copy of the Policy to all newly hired store employees as part of its standard onboarding process for all new hires. Further, within sixty (60) days of the effective date of the Agreement, Blockbuster will post a copy of this Policy in all Blockbuster stores in a conspicuous location where employees can readily read the Policy, such as the employee lounge, and will keep the Policy on hand in all stores for any store customers who wish to, upon request, read the Policy. The Policy shall be printed in a dark bold font on a contrasting background in the largest font that fits on two 8.5" by 11" pieces of paper. Physical copies of the posted Policy will be refreshed, as needed, for the life of this Agreement. Within one-hundred twenty (120) days of the effective date of this Agreement, Blockbuster will provide written confirmation to the United States of the issuance and communication to employees and the posting of the Policy in all Blockbuster stores.

Blockbuster will post a link to its Policy under the "Stores" link on its website (http://www.blockbuster.com) [sic] in an accessible format (e.g., HTML), consistent with the requirements of Title III of the ADA.

13. For the life of this Agreement, on an annual basis, Blockbuster will redistribute the Policy to all Store Managers, who shall distribute the Policy to all Blockbuster store employees who have contact with the public. Blockbuster will provide the United States with written confirmation of the issuance of this communication to employees.

Training

14. Within two (2) months after a computer based learning module is approved by the United States, and on an annual basis thereafter for the life of this Agreement, Blockbuster will provide educational training through a computer-based learning module concerning anti-discrimination and anti-harassment, including the substantive provisions of the ADA, to all Store Managers. The same training will then be provided within four (4) months of the approval of the module to all Sales Managers and Shift Leaders and within six (6) months of the approval of the module to all Customer Service Representatives, who are not seasonal. Blockbuster will provide written confirmation of such training within 30 days of completing training for its Customer Service Representatives, who are not seasonal. If concerns have been raised about a particular store through the ADA complaint line, Blockbuster shall provide such training within 30 (thirty) days in that store. This training, which is expected to be approximately one hour in duration, with approximately one-third, provided at the beginning of the training, devoted to compliance with Title III of the ADA and issues relating to service animals (which also may include training on prohibitions of discrimination against customers of other protected classes, e.g., race, color, gender, national origin, religion, etc. in public places), shall include the following:

    1. Information on each individual´s duties and obligations under Title III of the ADA generally and with respect to the obligations to make reasonable modifications in policies, practices, and procedures; the obligation to provide auxiliary aids and services; and the obligation to maintain accessible features;

    2. Instruction on Blockbuster´s policy related to the ADA and service animals;

    3. Instruction on procedures to ensure that customers with disabilities accompanied by service animals have access to Blockbuster stores that is equal to the access afforded to customers without disabilities.

    4. A question and answer session to review the foregoing areas; and

    5. Confirmation of module completion for each person attending the program.

    6. Instruction on procedures to ensure that seasonal employees (those employed on a temporary, short-term basis such as holiday season hires) shall take no action other than to refer service animal matters to a manager.

15. Within fifty (50) days after the effective date of this Agreement, Blockbuster will submit its proposed training materials, developed for purposes of complying with Paragraph 14 of this Agreement, to the United States for review. The United States will review the proposed training materials to ensure that they accurately convey the requirements of Title III of the ADA and the Title III-related topics referenced in Paragraph 14 and provide its written comments regarding the training materials to Blockbuster. Prior to implementing its training as required by Paragraph 14 of this Agreement, Blockbuster will modify its proposed training materials in conformance with the written comments provided by the United States.

Grievance Procedure

16. Within ninety (90) days after the effective date of this Agreement, Blockbuster will post in a conspicuous location in the public entryways of all Blockbuster stores a sign prominently stating "Service Animals Welcome – Report Problems to [insert toll free telephone number]", (herein the "ADA Complaint Line"). The signage will be printed in a dark, bold font no smaller than 30 points in size on a contrasting light background and will be refreshed, as needed, for the life of this Agreement.

17. Blockbuster will be responsible for receiving and investigating all ADA Title III-related complaints by customers received through its ADA Complaint Line or as otherwise directed to its corporate offices. Within sixty (60) days after the effective date of this Agreement, Blockbuster will establish and post the toll free telephone number for its ADA Complaint Line under the "Stores" link on its website (http://www.blockbuster.com) [sic] in an accessible format (e.g., HTML), consistent with the requirements of Title III of the ADA. For purposes of this Agreement, a complaint alleging any problem related to a customer´s or potential customer´s service animal will be treated as an ADA Title III-related complaint. Within sixty (60) days after the effective date of this Agreement, Blockbuster will designate and train, as necessary, one or more of its regional and headquarters employees who will be responsible for receiving and investigating ADA Title III-related complaints so that such employee(s) are knowledgeable regarding the requirements of Title III applicable to Blockbuster, including effective communication, reasonable modifications, the maintenance of accessible features, architectural requirements, and the terms of this Agreement. In the event one or more of these individuals leaves employment with Blockbuster or assumes other duties, within ten (10) days after such event, one or more individuals will be designated by Blockbuster to assume these responsibilities.

18. For the life of this Agreement, Blockbuster will handle any ADA Title III-related complaints by a customer directed to its ADA Complaint Line or otherwise directed to its corporate offices as follows: (A) within fifteen (15) business days after an ADA Title III-related complaint is received, Blockbuster, will commence an investigation, including contacting the complainant, if necessary, to find out the allegations of the complaint and will investigate the complaint with the appropriate Blockbuster staff where the complaint originated; and (B) Blockbuster will complete its investigation and respond to the complainant within forty-five (45) business days after the complaint is received, including discussing with the complainant, where appropriate, possible resolutions, including training or remedies for Blockbuster staff and relief for the complainant. Blockbuster is not required to disclose any disciplinary action that may be taken against an employee to the complainant. Blockbuster will maintain written records of ADA Title III-related complaints by customers, its investigations, and its responses to those complaints through the life of this Agreement. Copies of such records will be provided to the United States upon request.

Monetary Relief for Complainant

19. The ADA authorizes the Attorney General to seek a court award of compensatory damages on behalf of individuals aggrieved as the result of violations of Title III of the ADA. 42 U.S.C. § 12188(b)(2)(B); 28 C.F.R. § 36.504(a)(2).

20. Within ten (10) days after the effective date of this Agreement, Blockbuster will compensate the Complainant in this matter by issuing a certified check made payable to the order of the Complainant in the amount of twelve thousand dollars ($12,000.00). Blockbuster will deliver the check to counsel for the United States by common carrier United Parcel Service, delivery prepaid, to the following address: William Lynch, Trial Attorney, Disability Rights Section, Civil Rights Division, 1425 New York Avenue, N.W., Washington, D.C. 20005. The United States will obtain Complainant´s signature on a release in the form attached hereto as Attachment B and will notify Blockbuster that it has done so. Upon obtaining Complainant´s signed release, the United States will send the Complainant the certified check described in this paragraph. The United States will send Blockbuster an original of the release signed by the Complainant promptly after confirming receipt of the certified check by the Complainant.

21. Within ten (10) days after the effective date of this Agreement, Blockbuster will issue a check or money order in the amount of ten thousand dollars ($10,000.00) made payable to the order of the United States Treasury as a payment in furtherance of the public interest. 42 U.S.C. § 12188(b)(2)(C); 28 C.F.R. § 36.504(a)(3) Blockbuster will deliver the check or money order to counsel for the United States by common carrier United Parcel Service, delivery prepaid, to the following address: William Lynch, Trial Attorney, Disability Rights Section, Civil Rights Division, 1425 New York Avenue, N.W., Washington, D.C. 20005.