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

This document, portion of document or clip from legal proceedings may not represent all of the facts, documents, opinions, judgments or other information that is pertinent to this case. The entire case, including all court records, expert reports, etc. should be reviewed together and a qualified attorney consulted before any interpretation is made about how to apply this information to any specific circumstances.

Training

  1. 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.

  2. 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.

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