Title III also provides for certain affirmative defenses, including: 42 U.S.C. §§ 12182(b)(2)(A)(ii)(fundamental alteration defense to reasonable modification requirement), 12182(b)(2)(A)(iii)(fundamental alteration and undue burden defenses to auxiliary aid and services requirements); 12183(a)(2)(technical infeasibility defense for alterations), 12182(b)(2)(A(iv)-(v)(defense that barrier removal is not readily achievable).
TPIR may assert any applicable affirmative defenses.
(i) For every image posted, including photographs, charts, color-coded information, or other graphics, a text equivalent to the image will be added to allow individuals with disabilities who use screen readers or Braille displays to understand the basic content of the image or graphical element.
(ii) All documents will be posted in a text based format that is compatible with assistive technology, and not as images that do not have text of the file's content in a format accessible to a screen reader and Braille display.
(iii) TPIR Sites will allow Web browsers and other assistive technologies to manipulate colors and font settings on the website for individuals with low vision or color blindness to access the content.
(iv) Videos and other multimedia will incorporate features to make them accessible to individuals with disabilities, including audio descriptions of images (including changes in setting, gestures, and other details) to make videos accessible to individuals who are blind or have low vision, among others, and the provision of text captions synchronized with the video image to make video and audio tracks accessible to people who are deaf or hard of hearing.
(v) Where appropriate, Fremantle will also include the following considerations in developing TPIR Sites:
(A) The inclusion of a "skip navigation" link at the top of the TPIR Sites that allows people who use screen readers to ignore navigation links and skip directly to web page content;
(B) Minimizing the use of blinking, flashing, or other distracting features;
(C) If included, allowing moving, blinking, or auto-updating objects of pages to be paused or stopped;
(D) Online forms will include descriptive tags that provide individuals with disabilities the information they need to complete and submit the forms;
(E) If sounds automatically play, visual notification and captions will also be provided;
(F) For pages that are auto-refreshing or that require a timed-response, providing a second, static copy of the page; and
(G) Titles, context, and other heading structures will be provided to help users navigate complex pages or elements (such as web pages that use frames).
For Fremantle Productions, Inc.:
Executive Vice President, Business & Legal Affairs
FremantleMedia North America, Inc.
4000 West Alameda Avenue, Third Floor
Burbank, CA 91505
Date:August 26, 2011
For CBS Broadcasting Inc.:
JONATHAN H. ANSCHELL
Executive Vice President and General Counsel
CBS Broadcasting Inc.
4024 Radford Avenue
Studio City, CA 91604
Date: August 25, 2011
For the United States:
THOMAS E. PEREZ
Assistant Attorney General
ALLISON J. NICHOL, Chief
KATHLEEN P. WOLFE, Acting Special Legal Counsel
DOV LUTZKER, Acting Deputy Chief
NAOMI MILTON, Supervisory Attorney
JENNIFER K MCDANNELL, Supervisory Attorney
Disability Rights Section
PAULA N. RUBIN, Trial Attorney
BRIAN RYU, Architect
Disability Rights Section - NYA
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, DC 20530
Date: September 20, 2011