SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND EDX INC. UNDER THE AMERICANS WITH DISABILITIES ACT

TITLE III COVERAGE

9. Title III of the ADA, 42 U.S.C. §§ 12181-12189, and the regulation implementing Title III, 28 C.F.R. pt. 36, prohibit discrimination on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation by any private entity that owns, leases (or leases to), or operates any place of public accommodation.  42 U.S.C. § 12182(a); 28 C.F.R. § 36.201(a).

10. The United States Department of Justice (“United States” or “Department”) is authorized to conduct reviews of covered entities’ compliance with the ADA, 42 U.S.C. § 12188(b)(1)(A)(i). 28 C.F.R. § 36.502(c).  The Department is also authorized to bring a civil action on behalf of the United States in federal court if the Attorney General has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of discrimination or any person with a disability or group of persons with disabilities has been discriminated against and such discrimination raises an issue of general public importance, 42 U.S.C. § 12188(b)(1)(B).

11. EdX is a private, non-profit entity, which the United States finds is a place of education and a public accommodation whose operations affect commerce.  42 U.S.C. §§ 12181(7), 12182(a); 28 C.F.R. §§ 36.104, 36.201(a).

12. The United States’ compliance review of edX under Title III of the ADA revealed that some online content, including course content offered on www.edx.org, was not accessible to some individuals with disabilities.

13. The United States recognizes that edX has taken significant steps to incorporate accessibility in www.edx.org and the Platform to meet a wide variety of requirements of Participants with disabilities.  For example, Participants can set their own schedule for courses, which allows Participants with disabilities who need extra time to have it; a text-based discussion board to communicate with teaching staff is accessible to Participants who are deaf or hard of hearing; and online videos include rolling transcripts and/or captioning for Participants who are deaf or hard of hearing.  In addition, edX has retained an independent website accessibility consultant to further improve the accessibility of www.edx.org and the Platform.

14. EdX expressly denies that it is a public accommodation and that it has violated Title III of the ADA and, by entering into this Agreement, does not admit to any wrongdoing.