Disability Rights Cases
Brown University
On August 10, 2021, the United States executed a settlement agreement with Brown University under Title III of the ADA regarding its leave policies. The agreement will ensure that students with mental health disabilities who take medical leave have equal access to educational programs. Under the agreement, Brown will revise its undergraduate leave policies and practices, provide training on the ADA to faculty and staff, and pay 684,000 to compensate students.
Clark County Washington
On July 15, 2021, the Department (through the United States Attorney's Office for the Western District of Washington) reached a resolution of an allegation that a jail in Clark County, Washington failed to provide auxiliary aids and services, including a qualified sign language interpreter, to ensure effective communication with an individual who is deaf. The agreement includes adoption of a model assessment of communication needs of patients and companions, designation of an Effective Communication Coordinator, training staff, maintenance of an auxiliary aid and service log, implementation of a grievance resolution mechanism for the investigation of complaints regarding effective communication, notice to the community of the jail’s policy to provide auxiliary aids and services, reports to the Department, written notification to the Department of future complaints, and $25,000 in compensatory damages for the individual.
Gomez v. CSL Plasma, Inc.
On July 14, 2021, the Department filed a Statement of Interest clarifying that blood plasma donation centers are “public accommodations” under Title III of the ADA.
City of Killeen, TX
On June 29, 2021, the United States entered a settlement agreement under Title II of the ADA with the City of Killeen, Texas, to remove architectural barriers to access in buildings such as City Hall, police stations, libraries, technology centers, community centers and places of recreation. The agreement requires the City to make changes to its facilities so that parking, routes into the buildings, entrances, restrooms, signage, service counters and drinking fountains are accessible to people with disabilities, and that auditoriums and arenas have the required wheelchair and companion seating. The agreement also requires the City to provide aids and services to ensure effective communication for individuals with hearing disabilities, establish accessible emergency shelters and services, assure that its websites are accessible to individuals with disabilities and implement a plan for the accessibility of sidewalks and curb cuts within the City.
A.V. v. Douglas County School District
On June 24, 2021, the Department filed a Statement of Interest clarifying that Title II of the Americans with Disabilities Act applies when law enforcement agencies arrest people with disabilities, including when School Resource Officers arrest children with disabilities. Additionally, the Statement of Interest explains how Title II’s reasonable modification requirement applies during School Resource Officers’ interactions with children with disabilities and clarifies that public entities may be liable for the actions of their employees, contractors, and agents under Title II. On May 31, 2022, the Department filed a second Statement of Interest clarifying that under Title II of the Americans with Disabilities Act, a school district is liable for discrimination in its programs, services, or activities even when it provides them through contractual, licensing, or other arrangements. Accordingly, the statement of interest explains that school districts cannot divest themselves of responsibility for the lawful administration of any of their programs by contracting with School Resource Officers, private security guards, or any other contractors.
San Luis Obispo Jail
On June 24, 2021, the United States entered into a settlement with San Luis Obispo Jail, under Title II of the ADA, to make its jail facilities, including cells and showers, accessible to inmates with mobility disabilities. This matter was initiated based on a complaint by a former inmate with a mobility disability, who used a prosthetic leg, who fell repeatedly and experienced a serious injury as a result. The settlement requires the Jail make architectural modifications, and to pay compensatory damages to the former inmate.
Worcester County Sheriff
On June 23, 2021 the U.S. Attorney’s Office for the District of Massachusetts resolved an allegation under Title II of the ADA that the county prohibits certain medications used to treat opioid use disorder (OUD). The agreement includes adoption of a non-discrimination policy that includes allowing medication to treat OUD.
Night and Day Dental, Inc.
On June 17, 2021, the United States executed a settlement agreement with Night and Day Dental, Inc., a dental practice, under Title III of the ADA. The agreement resolves a complaint that the respondent discriminated against a woman with HIV who was seeking routine dental care when it refused to accept her as a new patient because of her HIV status, and by requiring certain bloodwork results from patients with HIV before deciding whether to provide dental care. The agreement requires the respondent to pay $30,000 to the victim of the discrimination, train staff on the ADA, develop and use a non-discrimination policy, and file periodic reports with the Department on implementation of the agreement.
Diva Nails
On June 16, 2021, the United States entered a settlement agreement resolving an allegation that a nail salon in Durham, North Carolina, refused to provide services to an individual with HIV, in violation of Title III of the ADA. The agreement includes adoption of a non-discrimination policy, training of staff, review by the Department of any relevant policies or procedures, annual reports to the Department, written notification to the Department of future complaints, and $7,500 in compensatory damages for the individual.
Newton County
On June 15, 2021, the United States executed a settlement agreement with Newton County, Arkansas and its Board of Election Commissioners under Title II of the ADA regarding polling place accessibility for persons with mobility and vision disabilities. The settlement agreement requires the respondent to provide accessible polling places in order to have an accessible voting program, and to revise all relevant policies, practices, and procedures to comply with the ADA.
JCR Companies
On June 8, 2021, the United States reached a resolution of an allegation under Title III of the ADA that three building owners in Washington, D.C., failed to alter their facilities to be readily accessible to and usable by individuals with disabilities, to the maximum extent feasible. Two of the buildings had steps at the entrances and one did not have enough space at the entrance for wheelchair users to open the door and go in on their own. The agreement requires all 19 building owners to hire an architect to check their buildings in Washington, D.C., Maryland, and Virginia to make sure the buildings can be used by people with disabilities.
Migyanko v. Aimbridge Hospitality, LLC
On June 7, 2021, the Department filed a Statement of Interest to clarify that where an alleged barrier, the height of a hotel bed, is not addressed by the ADA Standards, the ADA’s general nondiscrimination provisions under Title III still apply, including making reasonable modifications where necessary to provide goods and services to people with mobility disabilities.