Disability Rights Cases
Next Step Healthcare LLC
On April 28, 2022 the U.S. Attorney’s Office for the District of Massachusetts reached a settlement agreement with Next Step Healthcare LLC., under Title III of the ADA, to resolve the allegation that the complainant was discriminated against in their application for admission to the facility based on the use of medications for Opioid Use Disorder. The agreement includes adoption of a non-discrimination policy, training of staff, written notification to the Department of future complaints, and $92,383.00 as a civil penalty.
Faux Ever Beauty
On April 18, 2022, the United States (through the U.S. Attorney's Office for the Northern District of Illinois) reached a resolution of an allegation that a salon in Countryside, Illinois, refused to provide an eyebrow microblading procedure to an individual with HIV. The agreement includes adoption of a non-discrimination policy, training of staff, review by the Department of any relevant policies or procedures, removal of language from it's website about excluding individuals with certain disabilities, reports to the Department when an individual is not accepted as a client due to a medical condition, and $4,500 in compensatory damages for the individual.
CVS Pharmacy, Inc.
On April 11, 2022, the United States executed a settlement agreement with CVS Pharmacy, Inc., the nation's largest retail pharmacy, under Title III of the ADA regarding the accessibility of its vaccine registration portal. The agreement will ensure that people with disabilities (including those with vision disabilities who use screen readers and those who have difficulty using a mouse) can privately and independently get information about COVID-19 vaccinations and book their vaccination appointments online. Under the agreement, CVS will make content about the COVID-19 vaccine, including the forms for scheduling an appointment to get the vaccine, conform to the Web Content Accessibility Guidelines (WCAG), Version 2.1, Level AA.
Massachusetts Trial Court
On March 24, 2022, the U.S. Attorney's Office for the District of Massachusetts entered into a settlement agreement with the Massachusetts Trial Court under Title II of the ADA to resolve its investigation of the public entity for discrimination against individuals with disabilities on the basis of Opioid Use Disorder (OUD). The agreement resolves a complaint filed with the U.S. Attorney’s Office that the Trial Court discriminated against drug court participants taking Medication for Opioid Use Disorder (MOUD). Under the terms of the agreement, all 25 of the Massachusetts drug courts will implement the Trial Court’s new policy in which only licensed prescribers or opioid treatment programs (OTP) will make decisions regarding a participant’s treatment plan, including the type of medication and dosage. Treatment plans will be developed by the licensed prescriber or OTP after conducting an individualized assessment for each participant.
U.S. v. Jamaluddin
On January 14, 2021 the United States filed a complaint in this suit alleging that an obstetrician-gynecologist (OB/GYN) doctor refused to provide routine medical care to a patient on the basis of her HIV status, in violation of Title III of the Americans with Disabilities Act (ADA). On February 17, 2022 the United States filed a consent decree which requires the doctor to pay $37,500 to the complainant and a $5,000 civil penalty, take (and provide her staff with) training on the ADA and the OB/GYN care of patients with HIV, implement a non-discrimination policy, and provide reports to the department. The court entered the consent order on March 23, 2022.
Ready to Work
On March 17, 2022, the United States executed a settlement agreement with Ready to Work, a not-for-profit residential, work, and social services program for individuals who are homeless. The agreement resolves a complaint under Title III of the Americans with Disabilities Act (ADA) that Ready to Work discriminated against an individual with opioid use disorder (OUD) by denying her admission to its residential, work, and social services program because she uses a prescribed medication to treat her OUD. The agreement requires Ready to Work to adopt non-discrimination policies, train staff on its non-discrimination obligations, and report on compliance. Ready to Work will also pay $7,500 in damages to the complainant.
Travis County Clerk's Office
On March 2, 2022 the U.S. Attorney’s Office for the Western District of Texas entered into a settlement agreement under Title II of the ADA with Travis County for its failure to select and maintain physically accessible polling places for voting. The agreement includes physical access alterations, adoption of a non-discrimination policy, furnish appropriate auxiliary aids and services, training staff, designating an ADA coordinator, review by the Department of relevant policies or procedures, and maintaining complaint resolution procedures and providing them to the Department.
City of Fullerton California
On February 28, 2022, the Department (through the United States Attorney's Office for the Central District of California) settled an investigation of the City of Fullerton for failing to make its intercity rail station 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, entrance, and signage.
The City of Pomona California
On February 25, 2022 the Department (through the the United States Attorney’s Office for the Central District of California) settled an investigation of the City of Pomona for failing to make its intercity rail station 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, entrances, signage, and accessible routes to the platform.
Oceanview v. Zucker
On February 24, 2022, the United States filed a Statement of Interest in the case of Oceanview v. Zucker. Oceanview challenges a New York State regulation limiting admission of individuals with Serious Mental Illness (SMI) into segregated settings called Adult Homes, by alleging that the regulation violates the Fair Housing Act and the Americans with Disabilities Act. The State issued the regulation in conjunction with the United States’ settlement in U.S. v. New York, No. 13-cv-4165 (E.D.N.Y. 2013) and consistent with its Office of Mental Health’s determination that Adult Homes “are not clinically appropriate settings” for individuals with SMI, “nor are they conducive to the rehabilitation or recovery of such persons.” The Statement of Interest explains that the regulation does not violate the Fair Housing Act.
U.S. v. Anucha
On January 14, 2021, the United States filed a lawsuit alleging that an obstetrician-gynecologist (OB/GYN) doctor refused to provide routine medical care to a patient on the basis of her HIV status, in violation of Title III of the Americans with Disabilities Act (ADA).
On February 17, 2022 the United States filed a consent decree which requires the doctor to pay $37,500 to the complainant and a $5,000 civil penalty, take (and provide his staff with) training on the ADA and the OB/GYN care of patients with HIV, implement a non-discrimination policy, and provide reports to the department. The court entered the consent decree on February 23, 2022.
Canopy Airport Parking and Propark, Inc.
On February 8, 2022, the U.S Attorney’s Office for the District of Colorado reached a settlement agreement under Title III of the ADA of an allegation that a private transit company, Canopy, was unable to serve the complainants because it did not have an accessible shuttle vehicle available when the complainants arrived at Canopy’s facility despite prior notice of their arrival. The agreement includes adoption of a plan to provide equivalent service for individuals with disabilities subject to the United States’ approval, acquire and retrofit two vehicles respectively that are wheelchair accessible, training for the Canopy employees on the requirements of Title III of the ADA, modification to Canopy's website, and annual reports to the Department.