United States of America v. HRB Tax Group, Inc., H&R Block Tax Services LLC and HRB Advance LLC - Settlement Agreement

REMEDIAL ACTION

16. Consistent with the ADA, H&R Block, H&R Block Tax Services, and HRB affirm that they will not discriminate against any individual on the basis of disability in the full and equal enjoyment of their goods, services, facilities, privileges, advantages, or accommodations by excluding or providing unequal treatment to persons with disabilities.

17. Immediately as of the effective date of this Agreement, H&R Block, H&R Block Tax Services, and HRB will provide, upon request, at all H&R Block, H&R Block Tax Services, and HRB locations, to individuals who are deaf or hard of hearing, appropriate auxiliary aids and services, including qualified sign language interpreters, that may be necessary for effective communication in connection with their goods, services, facilities, privileges, advantages, and accommodations, unless a fundamental alteration would result.  For purposes of this paragraph, H&R Block's, H&R Block Tax Services's, and HRB's "goods, services, facilities, privileges, advantages, and accommodations" shall be construed broadly and include, but not be limited to tax preparation services and programs and courses for individuals interested in learning about tax preparation.

18. H&R Block, H&R Block Tax Services, and HRB will adopt, implement, enforce, and maintain, at all H&R Block, H&R Block Tax Services, and HRB locations, the "H&R Block Policy Regarding Effective Communication with Individuals who are Deaf or Hard of Hearing" attached hereto as Attachment A ("Policy"), within sixty (60) days of the effective date of this Agreement.

19. H&R Block, H&R Block Tax Services, and HRB will ensure that all employees and contractors of H&R Block, H&R Block Tax Services and its franchises, and HRB, whose duties involve interaction with the public receive a copy of the Policy within sixty (60) days of the effective date of this Agreement by incorporating it into H&R Block's Tax Office Policies & Procedures and H&R Block Tax Services's Franchise Operations Manual, distributing it to all District Managers and franchisees, and posting it on their internal and external websites.  Thereafter, H&R Block, H&R Block Tax Services, and HRB will distribute the Policy to all newly-hired employees and contractors of H&R Block, H&R Block Tax Services and its franchises, and HRB during their annual seasonal orientation curriculum for client-facing associates and to all other appropriate personnel on an annual basis for the life of this Agreement.  Within one hundred twenty (120) days of the effective date of this Agreement, H&R Block, H&R Block Tax Services, and HRB will provide documentation confirming compliance with this requirement.  

20. Within ninety (90) days of the effective date of this Agreement, H&R Block, H&R Block Tax Services, and HRB will establish and maintain lists of qualified sign language interpreters or sign language interpreter agencies that employ or arrange the services of qualified sign language interpreters and oral interpreters to ensure that qualified sign language interpreter services and oral interpreter services are available in each area served by one or more H&R Block, H&R Block Tax Services and its franchises, and HRB locations. Within one hundred twenty (120) days of the effective date of this Agreement, H&R Block, H&R Block Tax Services, and HRB will submit to the United States documentation confirming that each owned, operated, and/or franchise office maintains such a list.

21. Within ninety (90) days of the effective date of this Agreement, H&R Block, H&R Block Tax Services, and HRB will post and maintain a notice in a conspicuous location in all reception areas where the notice is readily visible to the public. The notice will be written in a bold black font at least 18 points in size on a contrasting background.  This notice will inform clients, potential clients, their companions, and other individuals who are deaf or hard of hearing of their right under the ADA to request a sign language or oral interpreter or other form of auxiliary aid or service if needed for effective communication while receiving services from H&R Block, H&R Block Tax Services or its franchises, or HRB.  Within one hundred and twenty (120) days, H&R Block, H&R Block Tax Services, and HRB each will provide to the United States documentation of compliance with this requirement.

22. Within ninety (90) days of the effective date of this Agreement, H&R Block, H&R Block Tax Services, and HRB will provide to all current employees and contractors of H&R Block, H&R Block Tax Services, and HRB whose duties involve interaction with the public training regarding their responsibilities and duties under the ADA and this Agreement to ensure that all people with disabilities are treated in a nondiscriminatory manner and are afforded the same service and courtesy as that afforded to other customers.  The training shall include instruction on the Policy.  Thereafter, for the duration of this Agreement, H&R Block, H&R Block Tax Services, and HRB will include ADA training, including instruction on the Policy, in their orientation training for new employees and contractors of H&R Block, H&R Block Tax Services, and HRB.  Within 120 days of the effective date of this Agreement, H&R Block, H&R Block Tax Services, and HRB each will submit documentation confirming that training has been completed.

23. Immediately, as of the effective date of this Agreement, H&R Block, H&R Block Tax Services, and HRB will maintain at each office of H&R Block, H&R Block Tax Services, and HRB a log of each request for any auxiliary aids and services, the time and date the request is made, the name of the individual who made the request, the time and date of the scheduled appointment (if a scheduled appointment was made), the time and date the requested auxiliary aids and services were provided, or a statement that the requested auxiliary aids and services were not provided. 

24. H&R Block and H&R Block Tax Services will require H&R Block Tax Services's franchisees to comply with Paragraphs 16-18, and 21-23 of this agreement with respect to the franchisees's respective franchised offices.  For purposes of this paragraph, the term "require" means that H&R Block and H&R Block Tax Services will monitor H&R Block Tax Services's franchisees' compliance with this requirement as they would monitor compliance with the franchise agreements, federal, state, or local laws. This shall include, but not be limited to, investigation of complaints of non-compliance, appropriate action to resolve each such complaint, including appropriate disciplinary action for franchisees involved and appropriate relief for the customer, and maintenance of records of such complaints, investigations, and actions taken. Disciplinary action taken against franchisees involved in a violation of this requirement shall be consistent with disciplinary actions that H&R Block or H&R Block Tax Services ordinarily take for violation of a franchise agreement, federal, state, or local law. Should H&R Block and H&R Block Tax Services be unable to secure compliance from any franchisee with this requirement, H&R Block and H&R Block Tax Services will report promptly to the Department all non-privileged information and records regarding the alleged non-compliance.