Disability Rights Cases
Vermont Department of Corrections
On October 28, 2021, the United States executed a settlement agreement with the Vermont Department of Corrections (VDOC), a state prison system, under Title II of the ADA regarding physical accessibility, provision of auxiliary aids and services to ensure effective communication, program access, and policy modifications for inmates with mobility disabilities and hearing disabilities. The agreement requires VDOC to ensure that inmates with disabilities have equal access to educational, counseling and recreational programs, and to prison facilities such as visitation areas, libraries, medical facilities, intake processing, accessible cells and routes to and through prison buildings. The agreement also requires that inmates with hearing disabilities receive appropriate auxiliary aids and services, such as sign language interpreters, video telephones and hearing aids to ensure effective communication.
Dunlap Community Unit School District No. 323
On October 28, 2021, the U.S. Attorney's Office for the Central District of Illinois entered into a Title II of the ADA settlement agreement with the Dunlap Community Unit School District regarding its failure to ensure that its playground areas at a school were readily accessible to and usable by a student with disabilities. The settlement agreement requires the school district to design and construct a new playground at the facility that meets the requirements of the 2010 ADA Standards for Accessible Design.
Kaiser Foundation Health Plan of Washington
On October 15, 2021, the United States (through the U.S. Attorney's Office for the Western District of Washington) reached a resolution of allegations from several complainants that a healthcare system in Washington repeatedly failed to provide interpreters to patients who are deaf or deaf-blind, as well as evidence of systemic failures to provide interpreters when necessary, leading patients to delayed care and problems with communication. Such failures create a major barrier to safe and appropriate medical care. The agreement includes a $1 million fund to pay claims to those patients whose rights were violated. The healthcare system also agrees to update and improve procedures for evaluating the need for interpreters, contracting with interpreters, and training staff surrounding those procedures. Under the settlement some of the changes include: consistent screening of patients for the need of interpreter services; contracting with two interpreter services companies per facility to better provide services; contracting with video interpreter services for those occasions when in-person interpretation is not possible. The healthcare system also agreed to pay a $85,000 civil penalty.
E.T. v. Morath
On September 29, 2021, the United States filed a statement of interest in E.T. v. Morath, No. 1:21-CV-00717 (W.D. Tex.), to address the application of Title II to Texas Executive Order GA-38, which prohibits school districts from imposing mask requirements. The issue in the case is the impact of GA-38 on the plaintiffs—students who allege that their disabilities place them at heightened risk of infection and severe illness from COVID-19 and that GA-38 requires them to choose between returning to in-person learning despite these heightened health risks or leaving the public school system.
Hebrew Senior Life
On September 27, 2021 the U.S. Attorney’s Office for the District of Massachusetts resolved an allegation under Title III of the ADA that a health care provider refused to provide medical services to an individual with opioid use order (OUD). The agreement includes adoption of a non-discrimination policy, training of staff, create and maintain logs of prospective patients with OUD, and $15,000 as a civil penalty.
Wingate Healthcare Inc
On September 27, 2021 the U.S. Attorney’s Office for the District of Massachusetts resolved an allegation under Title III of the ADA that a health care provider refused to provide medical services to an individual with opioid use order (OUD). The agreement includes adoption of a non-discrimination policy, training of staff, create and maintain logs of prospective patients with OUD, and $10,000 as a civil penalty.
Care Realty, LLC
On September 27, 2021 the U.S. Attorney’s Office for the District of Massachusetts resolved an allegation under Title III of the ADA that a health care provider refused to provide medical services to an individual with opioid use order (OUD). The agreement includes adoption of a non-discrimination policy, training of staff, create and maintain logs of prospective patients with OUD, and $10,000 as a civil penalty.
Sheehan Health Group, LLC
On September 27, 2021 the U.S. Attorney’s Office for the District of Massachusetts resolved an allegation under Title III of the ADA that a health care provider refused to provide medical services to individuals with opioid use order (OUD). The agreement includes adoption of a non-discrimination policy, training of staff, create and maintain logs of prospective patients with OUD, and $12,500 as a civil penalty.
City of Monrovia
On September 21, 2021, the United States (through th U.S Attorney’s Office for the Central District of California) reached a settlement agreement under Title II of the ADA to resolve a compliance review that determined that the City’s GoMonrovia program using Lyft Inc. did not provide equal service for persons with disabilities who use wheelchairs. The agreement includes program changes, adoption of a non-discrimination policy, training for drivers, and maintenance of rider records.
Julian Vargas and American Council of the Blind v. Quest Diagnostics Clinical Laboratories, Inc. et al.
On September 20, 2021, the Department filed a Statement of Interest clarifying that Title III of the Americans with Disabilities Act requires that public accommodations provide auxiliary aids and services so that individuals with disabilities can fully and equally enjoy all of their services. Defendants provide healthcare and diagnostic testing services and require patients to use an electronic, self-service kiosk to check in, input personal information, choose where to wait, and perform other tasks. No staff are allegedly present in the check-in area, so patients with vision impairments must ask strangers for assistance or bring companions. The Statement of Interest explains that Title III prohibits public accommodations from treating individuals with disabilities differently because of the absence of auxiliary aids and services, including failing to provide effective communication with regards to services offered through visual and electronic means like the self-service kiosks. Additionally, the Statement of Interest explains that the Title III regulation, 28 C.F.R. § 36.307 (which states that a public accommodation need not alter its inventory to include accessible or special goods), applies only to the goods and inventory of a public accommodation and not its services, such as the services provided through the self-service kiosks.
County of Hawai'i and County of Hawai'i Mass Transit Agency
On August 24, 2021, the United States entered into this Settlement Agreement to resolve a Title II investigation regarding allegations that the County of Hawai'i and its Mass Transit Agency failed to provide accessible transportation for individuals with disabilities, including those who use wheelchairs and those with vision-related disabilities. The Settlement Agreement requires the County and MTA to make their transportation services accessible, to include maintaining and promptly repairing bus lifts, training drivers and mechanics on the proper use and maintenance of lifts, announcing stops on all fixed route bus routes, increasing the availability of paratransit service, providing next day service for paratransit users, and conducting a survey of bus stops to assess accessibility.
Los Angeles County Metropolitan Transportation Authority
On August 19, 2021, the Department (through the United States Attorney’s Office for the Central District of California) settled an investigation of the Los Angeles County Metropolitan Transportation Authority for failing to make the Chatsworth Transportation Center intercity rail station in Chatsworth, California, accessible to and usable by individuals with disabilities, as mandated by Title II of the Americans with Disabilities Act. The agreement includes physical access improvements to the station's parking, platform, and path of travel.