Disability Rights Cases
Meijer, Inc
On February 2, 2022, the United States executed a settlement agreement with Meijer, Inc., a supermarket chain, under Title III of the ADA regarding the accessibility of its vaccine registration website. 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, Meijer 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.
The Kroger Co
On January 28, 2022, the United States executed a settlement agreement with The Kroger Co., a grocery store chain, under Title III of the ADA regarding the accessibility of its vaccine registration website. The agreement will ensure that people with disabilities (including those with vision disabilities who use screen readers) can privately and independently get information about COVID-19 vaccinations and book their vaccination appointments online. Under the agreement, Kroger 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.
The City of Dowagiac
On January 19, 2022 the Western District of Michigan settled an investigation of the City of Dowagiac 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, accessible routes to the station, toilet rooms, and signage.
AA v. Bimestefer
On January 14, 2022, the United States filed a Statement of Interest in AA v. Bimestefer, No. 1:21-cv-02381 (D. Colo.), an action on behalf of children with mental health disabilities who allege they have experienced a revolving door of institutionalization due to Defendant’s failure to arrange and provide for medically necessary care. The plaintiffs allege that they are currently segregated, or at risk of segregation in, institutions because of the State’s failure to provide them with intensive home and community based services, in violation of Title II of the ADA. The SOI clarifies that (1) plaintiffs who are segregated or at serious risk of segregation due to a lack of community-based medically necessary services can establish they have an injury in fact sufficient to confer standing, and (2) unnecessary segregation constitutes discrimination on the basis of disability under the ADA and the Rehabilitation Act.
Doe v. Zucker
On January 10, 2022, the United States filed a Statement of Interest in the case of Doe v. Zucker. The case 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 under Title II of the ADA 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.
AdventHealth-Gordon
On January 4, 2022, the United States entered an agreement under Title III of the Americans with Disabilities Act with AdventHealth Gordon to resolve allegations that the hospital failed to provide a patient and companion an American Sign Language Interpreter, or any other auxiliary aid or service during the birth of the patient's child.
The Oaks
On December 22, 2021 the U.S Attorney’s Office for the District of Massachusetts reached a resolution under Title III of the ADA that The Oaks, a nursing facility, discriminated against an individual taking a type of medication to treat opioid use disorder (OUD). The agreement includes adoption of a non-discrimination policy, training of staff, review by the Department of any relevant policies or procedures, create and maintain a log of referred individuals with OUD, annual reports to the Department, written notification to the Department of future complaints, and $5,000 as a civil penalty.
Champaign-Urbana Mass Transit District (MTD)
On December 14, 2021, the United States entered into a settlement agreement with the Champaign-Urbana Mass Transit District (MTD) to resolve alleged violations of Title II of the Americans with Disabilities Act (ADA). Under the agreement, the MTD must make its website and mobile applications accessible for users with visual and manual impairments. The agreement requires the MTD to conform its website – www.mtd.org – and mobile applications to the Web Content Accessibility Guidelines (WCAG), Version 2.1, Level AA. Additionally, the MTD will invest a minimum of $100,000 to improve its services for passengers with disabilities.
The Massachusetts Parole Board
On December 14, 2021 the U.S. Attorney’s Office for the District of Massachusetts reached a resolution under Title II of the ADA of an allegation that the parole board in Massachusetts requires prospective parolees with substance use disorder (SUD) who are not taking medicine to start treat their SUD with a particular medication without an individualized assessment or reasonable modification. The agreement includes a new policy for parolees with SUD, training staff, review by the Department of relevant policies or procedures, and annual reports to the Department.
Hy-Vee, Inc.
On December 1, 2021, the United States executed a settlement agreement with Hy-Vee, Inc., a grocery store chain, under Title III of the ADA regarding the accessibility of its vaccine website. 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, Hy-Vee 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.
United States v. Port Authority Trans-Hudson Corporation
On November 9, 2021, the United States filed a complaint and the Court entered a consent decree in this suit challenging PATH’s practice of seeking unnecessary medical and disability information from workers in violation of Title I of the ADA and GINA. Under the consent decree, PATH will stop unnecessary medical exams, as well as unnecessary questions about employees’ disabilities, health conditions and family medical history. PATH will also pay damages to two employees, train its staff on the ADA and GINA, and periodically report on its compliance with the agreement.
Rite Aid Corporation
On November 1, 2021, the United States executed a settlement agreement with Rite Aid Corporation, a pharmacy chain, under Title III regarding the accessibility of its vaccine registration website. 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, Rite Aid 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.