SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND
SMITH BARNEY, INC.
                                   COMPLAINT DJ
Background
        1.      This matter was initiated by a complaint filed in May of 1994
with the Public Access Section of the Civil Rights Division of the United
States Department of Justice (the "Department"), against Smith Barney, Inc.
under the Americans with Disabilities Act of 1990, 42 U.S.C.  12188 ("ADA").
The complaint alleged that Smith Barney, Inc. violated title III of the ADA by
refusing to provide Harriett Afeld, an individual who is legally blind ("the
Complainant") with monthly account statements in large print.
Intention of the Parties to Effect Settlement
        2.      The parties to this agreement are the United States of America
and Smith Barney, Inc.
        3.      The parties enter into this settlement agreement in order to
avoid litigation and hereby agree as follows:
Jurisdiction
        4.      Title III of the ADA applies to Smith Barney, Inc. because it
owns and operates a place of public accommodation and is, therefore, a public
accommodation as defined in section 301(7) of the ADA and section 36.104 of
the regulation promulgated under title III of the ADA (the "Regulation"). 28
C.F.R.  36.104.
        5.      The subjects of this settlement agreement are: (a) the
elimination of discriminatory eligibility criteria, pursuant to section 302
(b)(2)(A)(i) of the ADA and section 36.301 of the Regulation; (b) the
modification of policies, practices, or procedures, pursuant to section
302(b)(2)(A)(ii) of the ADA and section 36.302 of the Regulation and (c) the
provision of auxiliary aids and services necessary to ensure that no
individual with a disability is excluded, denied services, segregated or
otherwise treated differently than other individuals because of the absence of
auxiliary aids and services, pursuant to Section 302(b)(2)(A)(iii) of the ADA
and Section 36.303 of the Regulation. Statement of the Facts
        6.      Smith Barney, Inc. is a nationwide financial investment firm,
owned and operated by its parent company, The Travelers, Inc.
        7.      Smith Barney, Inc. provides its clients investment advice, and
manages its clients' investments. In order to keep its clients informed about
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the status of their respective accounts, Smith Barney, Inc. provides monthly
account statements and personal correspondence.
        8.      The Complainant is legally blind. She is an individual with a
disability within the meaning of section 3(2) of the ADA.
        9.      On October 7, 1993, the Complainant provided Smith Barney,
Inc. with a written request for her monthly statements to be sent in large
print. Smith Barney, Inc. refused this request, asserting that it would
provide the monthly statements in braille or read them to her over the phone.
       10.     In May of 1994, the Department received Mrs. Afeld's complaint,
in which she alleged that Smith Barney, Inc. had violated the ADA by refusing
to provide monthly statements to her in large print. The Department maintained
that: (a) this policy tended to exclude persons who need large print from the
full enjoyment of Smith Barney, Inc.'s services and facilities; (b)
modification of the policy was necessary for the provision of Smith Barney
Inc.'s services to persons who use large print and that such modification
would not pose an undue burden or fundamentally alter the nature of its
services; and that (c): this policy failed to ensure that no individual with a
disability is excluded, denied services, segregated or otherwise treated
differently than other individuals because of the absence of auxiliary aids
and services and that provision of large print would not pose an undue burden
or fundamentally alter the nature of its services.
         11.     The parties agree that Smith Barney, Inc.'s modification of
policy to provide persons with vision impairments with large print versions of
their monthly statements and personal correspondence would not pose an undue
burden to Smith Barney, Inc., nor would it fundamentally alter the nature of
Smith Barney, Inc.'s services or facilities.
        12.     The parties agree that it would not be an undue burden to
Smith Barney, Inc. or a fundamental alteration to the nature of its services
or facilities to formally notify each of its Branch Managers and Financial
Consultants in writing of the new policy, to notify all new clients in writing
of the new policy, through inclusion of the new policy in Smith Barney's
"Important New Account Information" booklet; to place a written notification
in its Operations Managers Handbook and in its Operations Newsletter; and to
publish the policy in Smith Barney's marketing brochure "Smith Barney... The
Way We do Business". Actions to be Taken by Smith Barney, Inc.
        13.     Smith Barney, Inc. agrees to notify each of its Branch
Managers and Financial Consultants in writing of the new policy that persons
with vision impairments may receive monthly statements and personalized
correspondence in large print upon request without being charged any
additional fees and to ensure implementation of this policy.
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        14.     Smith Barney further agrees to notify all new clients in
writing of the new policy that persons with vision impairments may receive
monthly statements and personalized correspondence in large print upon request
without being charged any additional fees. This notification will be
distributed to approximately 55,000 new clients each month, as part of Smith
Barney's "Important New Account Information" booklet.
        15.     Smith Barney, Inc. further agrees to place a written
notification in its Operations Managers Handbook and in its Operations
Newsletter. This notification will state that persons with vision impairments
may receive monthly statements and personalized correspondence in large print
upon request without being charged any additional fees.
        16.     Smith Barney, Inc. further agrees to place a written
notification in its basic marketing brochure entitled "Smith Barney.... The
Way We Do Business." This notification will state that persons with vision
impairments may receive monthly statements and personalized correspondence in
large print upon request without being charged any additional fees. This
marketing brochure will be distributed to between 40,000 and 50,000 potential
clients each month.
        17.     Smith Barney, Inc. further agrees to provide to the Department
evidence, satisfactory to the Department, that it has completed the above
obligations. This evidence will take the form of:
                a.      Copies of the written notifications to Branch Managers
and Financial Consultants required by paragraph 13.
                b.      Copies of the "Important New Account Information"
booklet, the Operations Managers Handbook, the Operations Newsletter, and the
marketing brochure required by paragraphs 14, 15 and 16.
        18.     Smith Barney agrees to pay Harriet A. Afeld the sum of
$1500.00 (U.S.Currency) by certified check. The check is to be made payable to
Harriet A. Afeld, and is to be mailed by Express Mail, to:
Harriet A. Afeld
2173 College Drive
Clearwater, Florida 34624-4813
        A copy of the letter of transmittal, and a copy of the check, is to be
mailed by First Class Mail to:
        Marc Dubin
        Trial Attorney
        U.S. Department of Justice
        Civil Rights Division
        Public Access Section
        P.O. Box 66732
        Room 4042
        Washington, D.C. 20035-6732
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        19.     Smith Barney agrees to complete all of the obligations in
paragraphs 13 through 17, above, no later than 90 days after the date of the
last signature affixed below. Smith Barney agrees to send the check to Mrs.
Afeld within 10 days of the final execution of this agreement.
Implementation and Enforcement of the Settlement Agreement
        20.     The Attorney General of the United States (the "Attorney
General") is authorized, pursuant to section 308(b)(1)(B) of the ADA, 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 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 of this complaint or from filing civil suit
under title III in this matter unless there is a material breach of the terms
of this agreement.
        21.     The Department may review compliance with this agreement at
any time. If the Department believes that this agreement or any requirement
thereof has been violated, it may institute a civil action.
        22.     Failure by the Department to enforce this entire agreement or
any provision thereof shall not be construed as a waiver of its right to do so
with regard to any other provisions of this agreement.
        23.     In the event that Smith Barney, Inc. fails to comply in a
timely fashion with any requirement of this agreement without obtaining
sufficient advance written agreement with the Department as to a temporary
modification of the relevant terms of the agreement, all terms of this
agreement shall become enforceable in United States District Court.
        24.     This document is a public agreement. A copy of this document,
or any information concerning its contents, may be made available to any
person. Smith Barney, Inc. or the Department shall provide a copy of this
agreement to any person on request.
        25.     The effective date of this agreement is the date of the last
signature below. This agreement shall be binding on all of Smith Barney Inc.'s
successors in interest, and Smith Barney, Inc. has a duty to so notify all
such successors in interest.
        16.     The person who signs this agreement in a representative
capacity for Smith barney, inc. represents that she or he is authorized to
bind smith barney, Inc. to this agreement.
        17.     This agreement and any exhibits attached hereto constitute 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 or either party, that is not contained in this written
agreement, shall be enforceable. This agreement is limited to the facts set
forth in paragraphs 6 through 12 above, and it does not purport to remedy any
other potential
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violations of the ADA or any other federal law. This agreement does not affect
Smith Barney, Inc.'s continuing responsibility to comply with all aspects of
the ADA.
For the United States:
Deval L. Patrick
Assistant Attorney General for Civil Rights
   (Signature)
By:_____________________                 Date:  12/30/94
        John L. Wodatch
        Irene Bowen
        Marc Dubin
        Attorneys
        Public Access Section
        Civil Rights Division
        U.S. Department of Justice
        P.O. Box 66738
        Washington, D.C. 20035-6738
        (202) 307-0663
For Smith Barney, Inc.:
   (Signature)
By:______________________               Date:  12/22/94
        Dov Schechter
        Managing Director
        Deputy General Counsel
        Smith Barney, Inc.
        388 Greenwich Street
        New York, New York 10013
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