DOJ and eating disorder clinic resolve allegation the program violated the Americans with Disabilities Act (ADA)

Seattle – An eating disorder clinic, The Emily Program P.C. (TEP), and the U.S. Department of Justice have entered into a voluntary settlement agreement to ensure compliance with the Americans with Disabilities Act (ADA), announced U.S. Attorney Tessa M. Gorman. Under the terms of the settlement, the clinic is making several changes to address the needs of clients seeking eating disorder treatment but who have dietary restrictions due to their disabilities.  These changes include: adding staff training; appointing a specific ADA Dietary Designee at each clinic; and logging requests for dietary modifications.

The agreement is in response to an investigation of a complaint by a person with a disability alleging discriminatory treatment, but The Emily Program admits no wrongdoing and chooses to voluntarily enter into the settlement to avoid the uncertainty of litigation.

“We are pleased that The Emily Program is making important changes to its procedures to ensure it respects the rights and needs of disabled clients,” said U.S. Attorney Tessa M. Gorman. “The former client, who is disabled, effectively advocated for changes which will assist others going forward.”

Under the terms of the settlement, TEP will allow patients with disabilities the opportunity to request exceptions to its dietary program rules as reasonable modifications to its policies and procedures. TEP agrees not to penalize or admonish or discourage a patient from requesting a modification. TEP will ensure it maintains foods and beverages that do not contain ingredients which are commonly restricted for people with disabilities such as sugar, caffeine, nuts, lactose or dairy products, gluten, eggs, soy, and fish/shellfish.

TEP is designating one person at each location to serve as the ADA Dietary Designee. This person will be specially trained to review requests for accommodation in diet and will know about common food restrictions for people with various disabilities, including but not limited to diabetes, epilepsy, autism, and food allergies. The staffer will maintain a log of all requests for dietary modification. The staffer will investigate and resolve complaints about ADA compliance and will ensure the location has foods that do not contain ingredients commonly restricted for people with disabilities.

DOJ will review training for TEP employees and will receive compliance reports every six months to ensure TEP is following the settlement agreement. TEP will alert DOJ if it receives any other complaints or is served with any lawsuits alleging violation of the ADA.  The settlement terms are in force for 18 months after the settlement was signed.

The former client, who brought the matter to the attention of the Civil Rights Unit of the U.S. Attorney’s Office has been offered $15,000 by The Emily Program.

The matter was investigated, and the settlement was negotiated, by Assistant United States Attorney Susan Kas, who serves as the Civil Rights Coordinator for the U.S. Attorney’s Office, Western District of Washington.

For more information on our Civil Rights and ADA work, please visit: https://www.justice.gov/usao-wdwa/civil-rights