SETTLEMENT AGREEMENT UNDER THE AMERICANS WITH DISABILITIES ACT BETWEEN THE UNITED STATES OF AMERICA AND DOLLAR SYSTEMS, INC., DOLLAR OPERATIONS, INC. FOR COMPLAINT DJ Background 1. This action was initiated by two complaints filed with the United States Department of Justice (the "Department") against automobile rental facilities operated under the name "Dollar Rent A Car." The complaints were investigated by the Civil Rights Division of the Department, under the authority granted by section 308(b) of the Americans with Disabilities Act ("ADA" or the "Act"), 42 U.S.C.  12188. The complaints allege that the operators of the said "Dollar Rent A Car" facilities violated the ADA because they failed to make reasonable modifications in policies, practices, or procedures necessary to afford services to individuals with disabilities where such modifications would not fundamentally alter the nature of the services. 2. "Dollar" (as hereinafter defined) has cooperated fully in the Department's investigation and has demonstrated its strong commitment to provide its services to persons with disabilities without discrimination. To avoid unnecessary and costly litigation, the parties to this Agreement have agreed to resolve this action as set forth below. The Parties 3. The parties to this Agreement are the United States of America, Dollar Systems, Inc. ("Dollar Systems"), and Dollar Operations, Inc. ("Dollar Operations"). 4. Dollar Systems is the licensor of automobile rental facilities operated under the name "Dollar Rent A Car". 5. Dollar Systems and Dollar Systems' affiliated entity, Dollar Operations, are wholly-owned subsidiaries of Dollar Rent A Car Systems, Inc. 6. There are presently two hundred sixty-seven (267) automobile rental facilities in the United States operating under the name "Dollar Rent A Car" (the "Facilities"). Of that number, fifty (50) facilities are operated by Dollar Operations, and the remainder are operated by independent licensees of Dollar Systems ("Licensee" or "Licensees"). 1 7. The terms "Dollar Rent A Car" and "Dollar" refer collectively to Dollar Systems and Dollar Operations, unless the context clearly requires a different meaning. Title III Coverage 9. Dollar Operations and Dollar Systems are public accommodations as defined in title III of the ADA, Section 301(7)(E) of the Act and section 36.104 of the implementing regulation. 42 U.S.C.  12181; 28 C.F.R.  36.104. Title III requires public accommodations to make reasonable modifications in policies and procedures where necessary to afford persons with disabilities an equal opportunity to enjoy its goods and services, unless such modifications would fundamentally alter the nature of the services provided by the public accommodation. 42 U.S.C.  12182(b) (2) (A) (ii) and 28 C.F.R.  36.302. 10. The subject of this Agreement is the modification of a policy maintained at Dollar Rent A Car facilities to permit persons with disabilities, including persons with visual impairments, to rent cars. 11. Subsequent to January 26, 1992, the effective date of Title III of the ADA, Dollar Operations maintained a policy and practice at Dollar Operations facilities of conditioning the rental of vehicles on an individual presenting a driver's license and a credit card for payment. Dollar Operations required that both the license and credit card belong to a single individual. Thus, the effect of the policy was that a blind individual accompanied by a licensed driver was not permitted to lease a car because the credit card to be used for payment and the driver's license necessarily bore different names. 12. The Department initiated an investigation of Dollar Operations' policy after receiving complaints dated May 4, 1992 and June 13, 1992 from two individuals who are blind, alleging that Dollar Rent A Car or one or more of its licensees were not in compliance with the ADA. 13. Dollar has now agreed to alter its policies for car rentals at Dollar Operations' facilities, as described in paragraph 15 below. Notwithstanding any term or provision of this Agreement to the contrary, nothing in this Agreement is intended to constitute, nor shall it be deemed to constitute an admission of any violation by Dollar Rent A Car of the ADA or of any other law or duty. 14. The parties to this Agreement disagree as to the liability, or potential liability, under the ADA, of Dollar Operations or Dollar Systems for the acts and/or omissions of the Licensees. This Agreement does not address or resolve this 2 -3- ADA information line provide information about the ADA and the Department's responsibilities under the law. The Home Page is located on the Web at (http://www.usdoj.gov/crt/ada/adahoml.htm). The ADA information line is (800) 514-0301 (voice) and (800) 514- 0383 (TDD). # # # 97-268 issue. Neither Dollar's agreement to enter into this Agreement, nor any provision of this Agreement, shall be deemed to constitute an admission by Dollar that it has any liability for a Licensee's past, present or future violations of the ADA. Actions to be taken by Dollar 15. In order to afford services to individuals with disabilities, and to individuals with visual impairments in particular, Dollar Operations and/or Dollar Systems, as specified below, agree(s) to implement the following changes in its/their policies pertaining to the rental of vehicles on the effective date of this Agreement for those actions identified at subparagraphs 15(a), (b), (d) and (e) and within sixty (60) days of the date of this Agreement for those actions identified at subparagraphs 15 (c) and (f): a. Dollar shall no longer require that an individual with a disability seeking to rent a vehicle at a Dollar Operations' facility present both a driver's license and credit card bearing the same name. b. Dollar may, however, require the authorized driver to present a valid driver's license and the renter to present a qualifying credit card. Dollar may also require the individual holding the qualifying credit card to present some form of photo identification to ensure that he or she is in fact the same person whose name appears on the credit card. The individual holding the credit card for payment may be required to sign the rental contract. Each person who is permitted to drive the vehicle must present a valid driver's license and sign the rental agreement as authorized driver or as an additional authorized driver, as applicable. Only persons holding a valid driver's license may drive the vehicle leased under the rental contract. c. Dollar shall inform all employees who have dealings with prospective renters at Dollar Operations' facilities of the change in policy, as described in subparagraph (a) above, and Dollar shall incorporate the new policy in (a) for Dollar Operations' facilities, its Policy & Procedure Manual, and (b) for Licensee facilities, its Operations Guide and other appropriate training manuals. Dollar shall also incorporate the new policy into its training programs for employees at Dollar Operations' facilities and at all other facilities operated under the name "Dollar Rent A Car." d. In addition, all prospective renters at Dollar Operations' facilities, upon request, shall be advised of Dollar's change in rental policy as described above. Further, Dollar Systems shall inform all Licensees who enter into or renew license agreements on or after the effective date of this Agreement, that the Licensee shall advise all prospective renters 3 at Licensee facilities, upon request, of the change in rental policy as described above. e. Further, Dollar shall incorporate by reference its Operations Guide into those of its license agreements that are entered into or renewed on or after the effective date of this Agreement. f. Dollar shall make available at Dollar Operations' facilities to those sight impaired individuals who are unable to read the rental contract a recorded version of same, either through local audio equipment or via an "800" telephone number or Dollar shall otherwise ensure that the terms of the rental contract are effectively communicated to individuals who are blind or have visual impairments. Implementation and Enforcement of the Settlement Agreement 16. The Attorney General is authorized, pursuant to  308 (b)(1)(B) of the Act, to bring a civil action under title III, enforcing the ADA in any situation where a pattern or practice of discrimination is believed to exist or where a matter of general public importance is raised. In consideration of the terms of this agreement as set forth above, the Attorney General agrees to refrain from undertaking further investigation or from filing civil suit under title III in this matter. 17. The Department may review compliance with this Agreement at any time. If the Department, in good faith, believes that this Agreement or any requirement thereof has been violated, then the Department shall give Dollar written notice of the violation(s). Both parties shall attempt in good faith to negotiate a resolution of this matter before seeking court action. If such negotiation fails to produce a timely resolution of the matter, then- the Department may institute a civil action in federal district court for the District of Columbia, or any other appropriate federal district court. The Attorney General is authorized to seek civil penalties, pursuant to 42 U.S.C.  12188 (b)(2)(C). 18. This Agreement is a public agreement. A copy of this Agreement or any information contained herein may be made available to any person. Dollar or the Department of Justice shall provide a copy of this Agreement to any person upon request. 19. This Agreement shall become effective as of the date of the last signature below. This Agreement shall be binding on the Department, Dollar Operations, Inc. and Dollar Systems, Inc., and their respective successors in interest. The owners and 4 operators of Dollar Operations, Inc., and Dollar Systems, Inc. have a duty to so notify all such successors in interest. 20. This Agreement constitutes the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written agreement, shall be enforceable. This Agreement is limited to the facts set forth in paragraphs 1 through 14, and it does not purport to remedy any other potential violations of the Americans with Disabilities Act or any other federal law. 5 21. A signor of this document in a representative capacity for a partnership, corporation, or other such entity, represents that he or she is authorized to bind such partnership, corporation or other entity to this Agreement. For the United States: (Signature) Date: January 4, 1995 Deval L. Patrick Assistant Attorney General John L. Wodatch Joan A. Magagna Margarita M. Prieto Mary Lou Mobley Attorneys Public Access Section Civil Rights Division U.S. Department of Justice P.O. Box 66738 Washington, D.C. 20035 - 6738 (202) 307 - 0663 Dollar Systems, Inc., a Corporation By: (Signature) Its President Date: Dec 8, 1996 Dollar Operations, Inc., a Corporation By: (Signature) Its President Date: December 12, 1996 6