Justice Department Issues Technical Assistance Document on Enforcement of the Supreme Court Decision in Olmstead v. L.C.

Jun 24 2011

WASHINGTON – The Department of Justice released a new technical assistance document describing public entities’ obligations and individuals’ rights under the integration mandate of title II of the Americans with Disabilities Act (ADA) and the 1999 landmark Supreme Court decision, Olmstead v. L.C. The Olmstead decision held that the ADA requires public entities to provide community-based services to persons with disabilities when such services are appropriate; the affected persons do not oppose community-based treatment; and community-based services can be reasonably accommodated. The document also provides questions and answers on a variety of ADA enforcement issues related to Olmstead.

Additionally, in commemorating the 12th anniversary of the Olmstead decision yesterday, the department launched a new section of its ADA website, www.ada.gov/olmstead , providing information and resources about the decision and its enforcement. In addition to the newly created technical assistance document, users can visit the site to find briefs filed by the Department, as well as other materials relevant to this important area of law. The ADA website provides easy access to an extensive collection of ADA technical assistance materials and settlement agreements, as well as information about enforcement, mediation, technical assistance and certification activities and links to other sites with ADA information. The addition of the new Olmstead section of the site will provide critical information to individuals with disabilities, advocates and state and local officials responsible for complying with the ADA’s integration mandate.

“The Olmstead decision recognized the rights of individuals with disabilities to live the lives they choose, but its promise has not yet been fully realized. Far too many people remain segregated in institutions when they would rather be thriving in their communities,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “The Justice Department is committed to making the promise a reality, and will continue to aggressively enforce Olmstead.”

President Obama has made clear his commitment to Olmstead enforcement, and in 2009 launched “The Year of Community Living,” directing agencies to vigorously enforce Olmstead and the rights of individuals with disabilities. Since that time, the Civil Rights Division has made Olmstead enforcement a top priority, joining or initiating Olmstead litigation in more than 25 cases in 17 states. In 2010, the division reached a landmark settlement agreement with the state of Georgia that will allow thousands of individuals with disabilities to receive services in community settings, and will serve as a model for comprehensive agreements going forward.

For more information about the ADA , including how to file complaints related to Olmstead enforcement, c all the Justice Department’s toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TTY), or access the department’s ADA website at www.ada.gov/olmstead. For the full technical assistance document, please visit www.ada.gov/olmstead/q&a_olmstead.htm.

Source: Department of Justice, Office of Public Affairs

Posted in News | Comments Closed

Justice Department Moves to Intervene in Texas Case to Enforce the Supreme Court’s Olmstead Decision

Jun 24 2011

Announcement Comes on the 12th Anniversary of the Olmstead Decision
WASHINGTON – The Justice Department today filed papers seeking to intervene in Steward, et al. v. Perry, et al., a case filed on behalf of thousands of Texans with developmental disabilities to enforce their right under the Americans with Disabilities Act (ADA) to receive services provided by the state in the most integrated setting appropriate to their needs.

The proposed complaint by the United States, which must first be approved for filing by the U.S. District Court in San Antonio alleges that Texas unnecessarily segregates individuals with developmental disabilities in nursing homes instead of providing them the opportunity to receive integrated, community-based services. The proposed complaint also alleges that Texas places individuals with developmental disabilities who currently live in the community at risk of unnecessary placement in nursing facilities by failing to provide necessary community-based services in violation of the ADA and Section 504 of the Rehabilitation Act.

“Individuals with disabilities have a right to access appropriate community-based services, and the administration is committed to helping them do so,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “For the Department of Justice, this suit presents an opportunity to turn the promise of the Olmstead decision into a reality for individuals with developmental disabilities confined to nursing facilities in Texas.”

The Justice Department’s filing in Texas comes on the 12th anniversary of the Supreme Court’s decision in Olmstead v. L.C., which held that the ADA requires public entities to provide community-based services to persons with disabilities when such services are appropriate; the affected persons do not oppose community-based treatment; and community-based services can be reasonably accommodated. The filing is part of the department’s continuing effort to enforce civil rights laws that require states to ensure that individuals with disabilities are served in the most integrated setting appropriate to meet their needs. The Justice Department has intervened, brought suit, or filed amicus briefs in support of Olmstead enforcement in 17 different states over the past two years.

The ADA protects individuals with disabilities from discrimination by public entities. People interested in finding out more about the ADA can call the Justice Department’s toll-free ADA Information Line at 1-800-514-0301 or 1-800-514-0383 (TTY), or access its ADA website on Olmstead at www.ada.gov/olmstead , where all relevant information can be found.

Source: Department of Justice, Office of Public Affairs

Posted in News | Comments Closed

JUSTICE DEPARTMENT FILES LAWSUIT AGAINST DISABILITY-BASED HOUSING DISCRIMINATION

Jun 16 2011

WASHINGTON – The Justice Department today filed a lawsuit against the owners, developers and design professionals involved in the design and construction of nine multi-family housing complexes in Mississippi, Louisiana and Tennessee. The nine complexes comprise more than 2,000 apartments with more than 800 ground-floor units that are required by the Fair Housing Act to contain accessible features. Eight of the complexes contain leasing offices that are required by the Americans with Disabilities Act (ADA) to contain accessible features.

The complaint names The Bryan Company; Bryan Construction Company Inc.; Steve Bryan; Mid-South Houston Partners; Mid-South Development LLC (aka MSD LLC); The Vineyards Apartments LLC; Equity Properties LLC (formerly known as Windsor Lake Apartment LP); Cypress Lake Development LLC; Stephen G. Hill; Pickering Firm Inc. (aka Pickering Inc.); Larry Singleton (dba Singleton Hollomon Architects); H D Lang and Associates Inc.; Richard A. Barron, Architect; Shows Dearman & Waits Inc.; Timothy R. Burge, PA (dba Professional Associates Inc.); Canizaro Cawthon Davis (formerly known as Canizaro Trigiani Architects); Smith Engineering & Surveying Inc. (aka Smith Engineering Firm Inc., aka S.E.C.O. Inc., dba Smith Engineering Co. Inc.); Evans-Graves Engineers; and J.V. Burkes & Associates Inc. as the parties responsible for violating these laws. The complaint also names eleven current owners as necessary parties in whose absence complete relief cannot be afforded.

The suit, filed in the U.S. District Court for the Southern District of Mississippi, alleges that the nine properties are inaccessible to persons with disabilities because they, for example, lack accessible pedestrian routes; lack accessible parking; have steep cross and running slopes; have doors that are not sufficiently wide enough to allow passage by persons in wheelchairs; have insufficient accessible routes into and through the units; have light switches, electrical outlets, thermostats and other environmental controls in inaccessible locations; and/or have kitchens and bathrooms that are inaccessible to persons in wheelchairs. Further, the complaint alleges that the leasing offices are inaccessible to persons with disabilities because, for example, they lack accessible pedestrian approach routes, lack compliant parking spaces, have inaccessible counters, and/or have inaccessible door hardware.

“The Fair Housing Act and the Americans with Disabilities Act include provisions to ensure that persons with disabilities have opportunities to find and live comfortably in multifamily housing across the nation,” said Thomas E. Perez, Assistant Attorney General for the Justice Department’s Civil Rights Division. “The department will continue its vigorous pursuit of equal housing opportunities for all people, including those with disabilities.”

“The design and construction of multi-family apartment complexes must comply with the Fair Housing laws and the Americans with Disabilities Act,” said John M. Dowdy, U.S. Attorney for the Southern District of Mississippi. “My office remains vigilant in its efforts to eradicate discrimination and to ensure that persons with disabilities have legally accessible accommodations in which to live. We will remain steadfast in making sure that developers, owners, architects and civil engineers design and develop apartments and other buildings which comply with these laws.”

The suit seeks a court order declaring that the defendants’ actions violate the Fair Housing Act and the ADA, prohibiting the defendants from engaging in future discrimination in the design and construction of multi-family housing; requiring the defendants to bring the covered multi-family dwellings, and public and common use areas into compliance with fair housing laws; and awarding monetary damages to persons harmed by the defendants’ discriminatory housing practices.

The federal Fair Housing Act prohibits discrimination in housing based on race, color, religion, national origin, sex, disability and familial status. Title III of the ADA requires, among other things, that public accommodations comply with specific requirements related to architectural standards to ensure accessible public and common use areas. More information about the Civil Rights Division and the laws it enforces is available at www.usdoj.gov/crt. Individuals who believe that they may have been victims of housing discrimination can call the Housing Discrimination Tip Line at 1-800-896-7743, email the Justice Department at fairhousing@usdoj.gov, or contact the U.S. Department of Housing and Urban Development at 1-800-669-9777.

Source: The Department of Justice, Office of Public Affairs

Posted in News | Comments Closed

Justice Department Announces ADA Settlement with Intercity Bus Company, Megabus

Jun 16 2011

WASHINGTON – The Justice Department today announced a comprehensive settlement agreement under the Americans with Disabilities Act (ADA) with intercity bus service providers Megabus USA L.L.C., and Megabus Northeast L.L.C., which are located in Chicago and Elizabeth, N.J., respectively. The Justice Department initiated its investigation of Megabus as part of its ongoing review of the private transportation industry. In particular, the department has been investigating accessibility of private transportation operations for individuals with disabilities.

Under the terms of the settlement agreement, Megabus will ensure that all of the vehicles in its intercity service are fully accessible to individuals with disabilities, including individuals who use wheelchairs or other mobility aids. Megabus will also alter its online reservation services so that passengers with disabilities are able to access schedule information and make reservations in the same manner and using the same reservation system as other passengers. Megabus will pay a $55,000 civil penalty to the United States, and $12,500 in damages to a complainant who was not permitted to use the ramp on a passenger bus, and who was forced to transfer out of his wheelchair rather than be secured in the wheelchair, as required by federal regulations, during his trip from New York, to Baltimore. The United States credits Megabus for their cooperation throughout the investigation and their willingness to address the deficiencies identified.

“Commercial passenger buses are an affordable and growing sector of the transportation industry, and making sure that they are fully accessible to individuals with disabilities is a necessary part of integrating individuals with disabilities into all aspects of American life,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “The department is committed to vigorously enforcing the transportation requirements of the ADA.”

Title III of the ADA prohibits specified private transportation providers like Megabus from excluding persons with disabilities, including persons with mobility impairments, from full and equal enjoyment of the services provided. Anyone interested in learning more about federal disability rights statutes can call the Justice Department’s toll-free ADA information line at 800-514-0301, 800-514-0383 (TTY), or access the ADA website at www.ada.gov .

Source: Department of Justice, Department of Public Affairs

Posted in News | Comments Closed

Justice Department Signs Agreement with Des Moines, Iowa, and Des Moines Public Library to Ensure Civic Access for People with Disabilities

Jun 16 2011

WASHINGTON – An agreement has been reached with the city of Des Moines, Iowa, and the Des Moines Public Library, to improve access to all aspects of civic life for persons with disabilities, the Justice Department today announced. The agreement was reached under Project Civic Access (PCA), the department’s wide-ranging initiative to ensure that cities, towns and counties throughout the country comply with the Americans with Disabilities Act (ADA).

“Access to public programs and facilities is a civil right, and individuals with disabilities must have the opportunity to participate in local government programs, services and activities on an equal basis with their neighbors,” said Thomas E. Perez, Assistant Attorney General of the Civil Rights Division. “In reaching this agreement, the city of Des Moines and the city’s public library have made an important commitment to residents and visitors with disabilities.”

“I am very pleased that the city of Des Moines and the Department of Justice have reached an amicable agreement in this matter to ensure access to persons with disabilities,” said Nicholas A. Klinefeldt, U.S. Attorney for the Southern District of Iowa.

As part of the PCA initiative, Justice Department investigators, attorneys and architects survey state and local government facilities, services and programs in communities across the country to identify the modifications needed for compliance with ADA requirements. The agreements are tailored to address the steps each community must take to improve access. This agreement is the 188th under the PCA initiative.

Under the agreement announced today, Des Moines will take important steps to improve access for individuals with disabilities, such as: Making physical modifications to facilities surveyed by the department so that parking, routes into buildings, entrances, service areas and counters, restrooms, public telephones and drinking fountains are accessible to people with disabilities; surveying other facilities and programs and making modifications wherever necessary to achieve full compliance with ADA requirements; adopting a grievance procedure to deal with complaints of disability discrimination relating to city programs, services, activities and facilities; posting, publishing and distributing a notice to inform members of the public of the provisions of Title II and their applicability to the city’s programs, services, and activities; officially recognizing the Iowa telephone relay service as a key means of communicating with individuals who are deaf, are hard-of-hearing, or have speech impairments and training staff in using the relay service for telephone communications; ensuring that the city’s official website and other web-based services are accessible to people with disabilities; and implementing a comprehensive plan to improve the accessibility of the city’s sidewalks and pedestrian crossings by installing accessible curb ramps throughout Des Moines. Des Moines, incorporated in 1851, is the capital of and the most populous city in the state of Iowa. It is located just south of the center of the state. More than 20 percent of Des Moines residents have a disability and will benefit from this agreement.

Today’s agreement was reached under Title II of the ADA, which prohibits discrimination against individuals with disabilities by state and local governments. The agreement requires most actions to be completed within three years. For the required accessibility modifications to sidewalks, pedestrian crossings, transportation stops and curb ramps, the city will work with the disability community to prioritize and complete these modifications within seven years. The department will actively monitor compliance with the agreement, which will remain in effect until the department has confirmed that all required actions have been completed.

People interested in finding out more about the ADA, today’s agreement with Des Moines, the PCA initiative or the ADA Best Practices Tool Kit for State and Local Governments can access the ADA Web page at www.ada.gov or call the toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TTY).

Source: Department of Justice, Office of Public Affairs

Posted in News | Comments Closed

JUSTICE DEPARTMENT REACHES AMERICANS WITH DISABILITIES ACT SETTLEMENT WITH WELLS FARGO

Jun 16 2011

WASHINGTON – The Justice Department announced today a comprehensive settlement agreement under the Americans with Disabilities Act (ADA) with Wells Fargo & Company to ensure equal access for individuals with disabilities to Wells Fargo’s services nationwide, including its nearly 10,000 retail banking, brokerage and mortgage stores, over 12,000 ATMs, and its telephone and website services.

The agreement resolves numerous ADA complaints filed by individuals who are deaf, are hard of hearing or have speech disabilities who allege that Wells Fargo would not do business with them over the phone using a telecommunications relay service. Instead, the individuals were directed to call a TTY/TDD line that asked them to leave a message, which went unanswered. Wells Fargo started addressing these customers’ concerns before the Justice Department investigation began. Once the department opened an investigation, Wells Fargo worked cooperatively to achieve a comprehensive settlement addressing all ADA issues in its retail banking and financial services.

“Individuals who have disabilities must not be denied equal access to the services offered by financial institutions simply because of their disability. Wells Fargo has shown that it is committed to equal access and effective communication with its customers who have disabilities,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “The department is aware that other major financial institutions are refusing to communicate with individuals with disabilities who use relay services to communicate by telephone. These refusals are discrimination, and other financial institutions must follow Wells Fargo’s example and accept relay calls immediately.”

“The U.S. Attorney’s Office is committed to working with the Civil Rights Division to help ensure that businesses in this district fully comply with the ADA,” said Melinda Haag, U.S. Attorney for the Northern District of California, which is where Wells Fargo is headquartered.

Wells Fargo will pay up to $16 million to compensate individuals harmed by certain violations of Title III of the ADA. The department will be administering a claims process to distribute these funds. Individuals who believe they were harmed by Wells Fargo’s failure to comply with ADA requirements may get information about filing a claim by sending an email to wfclaims@usdoj.gov or by calling 1-866-708-1273 (voice) or 1-866-544-5309 (TTY). Information on the claims process is also available on the ADA home page at www.ada.gov.

Wells Fargo will also pay a $55,000 civil penalty to the United States. In addition, Wells Fargo affirms its commitment to advancing the interests of individuals with disabilities by paying a total of $1 million in charitable donations to non-profit organizations that will assist veterans with disabilities resulting from injuries sustained while serving in Iraq or Afghanistan to live independently in the community.

Finally, the agreement requires Wells Fargo to take the following steps to improve access for customers with disabilities:

Remove physical barriers to access, as required, at its retail stores across the nation and remedy all other instances of discrimination under Title III of the ADA that are identified during the claims process.

Provide appropriate auxiliary aids and services, including qualified sign language interpreters, computer-assisted real time transcription, qualified readers and documents in Braille, large print, and other alternate formats to persons with disabilities when necessary to ensure effective communication throughout its financial services and programs.

Adopt and enforce a policy on effective communication with individuals who are deaf, are hard of hearing, are blind or have low vision for all Wells Fargo retail stores and financial services nationwide, post a summary of the policy on its website and distribute the policy to current and new employees and contractors.

Accept calls made through a relay service operator by customers who are deaf, are hard of hearing or have speech disabilities on an equivalent basis to calls from other customers. This includes eliminating special security provisions applied to relay calls and using the same caller verification procedures whether or not a customer uses a relay service.

Maintain staffing of phone lines dedicated to TTYs / TDDs, wherever provided, on a basis equivalent to telephone lines that are not dedicated to TTYs / TDDs.

Ensure that its ATMs and websites are accessible to individuals with disabilities.

Establish a toll-free ADA comment/complaint line so customers with disabilities have an easy avenue for alerting Wells Fargo to concerns about disability-related problems accessing goods, services and facilities.

Hire a full-time national ADA coordinator to coordinate Wells Fargo’s efforts to comply with its responsibilities under the ADA and this agreement, including the investigation of ADA complaints received on its ADA comment/complaint line.

Provide staff training on the ADA and Wells Fargo’s obligations to provide effective communication to individuals with disabilities.

Post and maintain in a conspicuous location in all Wells Fargo banking stores a notice stating that individuals with disabilities have a right under the ADA to request a sign language or oral interpreter or other auxiliary aids or services.

Title III of the ADA prohibits discrimination against individuals with disabilities by businesses that serve the public. Among other things, the ADA requires financial institutions, accountants, lawyers, doctors and other businesses to provide auxiliary aids and services that are necessary for effective communication. For individuals who are deaf or hard of hearing, auxiliary aids include qualified sign language or oral interpreters, use of relay services, computer-assisted real time transcription, and, for simple communications, the exchange of written notes. For individuals who are blind or have low vision, auxiliary aids include qualified readers, assistance in filling out forms and written materials provided in alternate formats, such as Braille, large print, audio recordings or accessible electronic formats such as email or HTML.

Those interested in finding out more about this agreement or businesses’ obligations under the ADA may call the Justice Department’s toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TDD), or access its ADA website at www.ada.gov. ADA complaints may be filed by email to ada.complaint@usdoj.gov. For the settlement and fact sheet on this announcement, please visit www.ada.gov/wells_fargo/.

Source: Department of Justice, Office of Public Affairs

Posted in News | Comments Closed

Justice Department Signs Agreement with the Town of Swansea, Massachusetts to Ensure Civic Access For People with Disabilities

Jun 16 2011

WASHINGTON – An agreement has been reached with the town of Swansea, Mass., to improve access to all aspects of civic life for persons with disabilities, the Justice Department today announced. The agreement was reached under Project Civic Access (PCA), the department’s wide-ranging initiative to ensure that cities, towns and counties throughout the country comply with the Americans with Disabilities Act (ADA).

“Individuals with disabilities must have the opportunity to participate in local government programs, services and activities on an equal basis with their neighbors,” said Thomas E. Perez, Assistant Attorney General of the Civil Rights Division. “I commend Swansea’s officials for their big commitment to make this small town’s programs and facilities accessible to residents and visitors with disabilities. We hope that other cities and counties throughout the country will follow Swansea’s example by working with us to make their communities fully accessible.”

PCA was initiated to ensure that persons with disabilities have an equal opportunity to participate in civic life, a fundamental part of American society. As part of the PCA initiative, Justice Department investigators, attorneys and architects survey state and local government facilities, services and programs in communities across the country to identify the modifications needed for compliance with the ADA. The agreements are tailored to address the steps each community must take to improve access. This agreement is the 187th reached under the PCA initiative.

Under the agreement announced today, Swansea will take several important steps to improve access for individuals with disabilities, such as: Making physical modifications to facilities surveyed by the department so that parking, routes into buildings, entrances, service areas and counters, restrooms, public telephones and drinking fountains are accessible to people with disabilities; surveying other facilities and programs and making modifications wherever necessary to achieve full compliance with ADA requirements; posting, publishing and distributing a notice to inform members of the public of the provisions of Title II of the ADA and their applicability to the town’s programs, services and activities; training town staff in using the Massachusetts Relay Service as a key means of communicating with individuals who are deaf, are hard-of-hearing or have speech impairments; undertaking the required planning and modifications to ensure equal, integrated access to emergency management for individuals with disabilities, including emergency preparedness, notification, evacuation, sheltering, response, clean up and recovery; ensuring that the town’s official website and other web-based services are accessible to people with disabilities; developing a method for providing information for interested persons with disabilities concerning the existence and location of the town’s accessible services, activities and programs; installing signs at any inaccessible entrance to a facility directing individuals with disabilities to an accessible entrance or to information about accessing programs and services at other accessible facilities; and implementing a comprehensive plan to improve the accessibility of sidewalks, transportation stops and pedestrian crossings by installing accessible curb ramps throughout the town of Swansea. Swansea was established in 1663 as a colonial site. The historical town is located in Bristol County at the mouth of the Taunton River in southeastern Massachusetts, less than 50 miles from Boston. According to U.S. Census data, Swansea has just under 16,000 residents. Approximately 16 percent of Swansea residents have a disability and will benefit from this agreement.

Today’s agreement was reached under Title II of the ADA, which prohibits discrimination against individuals with disabilities by state and local governments. The agreement will remain in effect for three years from Feb. 15, 2011, or until all actions required by the agreement have been completed, whichever is later. The department will actively monitor compliance with the agreement until all required actions have been completed.

People interested in finding out more about the ADA, today’s agreement with the town of Swansea, the Project Civic Access initiative or the ADA Best Practices Tool Kit for State and Local Governments can access the ADA Web page at www.ada.gov or call the toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TTY).

More information regarding the agreement is available at www.ada.gov/swansea_pca/swansea_facsht.html .

Source: Department of Justice, Office of Public Affairs

Posted in News | Comments Closed

Justice Department Settles Americans with Disabilities Act Lawsuit with Virginia’s Inova Health System

Jun 16 2011

WASHINGTON – The Justice Department has reached a settlement with Inova Health System to ensure effective communication with individuals who are deaf or hard of hearing in the provision of medical services. The agreement, under the Americans with Disabilities Act (ADA) and the Rehabilitation Act, resolves a complaint that Inova failed to provide sign language interpreters to an expectant mother and others who are deaf and need interpreters to communicate effectively with health care providers.

The department’s lawsuit, filed yesterday with a consent decree in the U.S. District Court for the Eastern District of Virginia, alleged that Inova Health System violated the ADA and the Rehabilitation Act by failing to provide appropriate auxiliary aids and services, including sign language interpreter services, to deaf individuals at Inova Fairfax Hospital. Because of the hospital’s failure to provide sign language interpreter services, deaf individuals were denied the benefit of effective communication with hospital staff, the opportunity to effectively participate in medical treatment decisions, and the full benefit of health care services provided by Inova Fairfax Hospital, according to the complaint.

“The ADA protects the right of individuals who are deaf or hard of hearing to be able to access medical services, and this settlement is the latest example of the Justice Department’s unwavering commitment to enforcing the ADA,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “This settlement also demonstrates Inova Health System’s commitment to provide effective communication to people who are deaf or hard of hearing.” “This settlement shows that Inova and the government share the same goal – making sure that deaf and hard of hearing patients can communicate with their doctors, especially at critical moments in their medical care,” said Neil H. MacBride, U.S. Attorney for the Eastern District of Virginia.

The consent decree, which must be approved by the district court, requires Inova Health System to pay $95,000 to aggrieved individuals and a $25,000 civil penalty; provide training to hospital staff on the requirements of the ADA and the Rehabilitation Act; and adopt specific policies and procedures to ensure that auxiliary aids and services are promptly provided to patients or companions who are deaf or hard of hearing. Inova Health System has also separately agreed to pay a total of $25,000 to two other aggrieved individuals.

The ADA and Rehabilitation Act prohibit discrimination against individuals with disabilities by hospitals. Among other things, the ADA requires doctors, hospitals and other health care providers to provide equal access to patients and companions who are deaf or hard of hearing. When medical services involve important, lengthy or complex oral communications with patients or companions, hospitals are generally required to provide qualified sign language interpreters and other auxiliary aids, free of charge, to individuals who are deaf, are hard of hearing or have speech disabilities. The appropriate auxiliary aid to be provided depends on a variety of factors, including the nature, length and importance of the communication; the communication skills and knowledge of the individual who is deaf or hard of hearing; and the individual’s stated need for a particular type of auxiliary aid.

Those interested in finding out more about this settlement or hospitals’ effective communication obligations under the ADA may call the Justice Department’s toll-free ADA information Line at 800-514-0301 or 800-514-0383 (TDD), or access its ADA website atwww.ada.gov. ADA complaints may be filed by email to ada.complaint@usdoj.gov.

Source: Department of Justice, Office of Public Affairs

Posted in News | Comments Closed

Hillsboro School District Agrees to Access for Autism Service Dog

Jun 16 2011

WASHINGTON – The Justice Department announced today that the Hillsboro, Oregon, School District will allow Jordan “Scooter” Givens to bring his trained autism service dog into his classroom in the Hillsboro School District.

The highly trained service dog, Madison, provides critical assistance to Scooter, recognizing when he is about to engage in behavior that might endanger him, and distracting him to obstruct this type of behavior. For nearly three years, Scooter’s parents’ efforts to get permission for Scooter to bring Madison to school had been rebuffed. After U.S. Attorney Dwight Holton and a senior attorney from the Civil Rights Division met in late January with the superintendent of the Hillsboro School District regarding the failure to accommodate the Givens’ request, the school district announced last Friday that it would allow Scooter to be accompanied by the service dog for a trial period.

The Department of Justice investigation resulted from a complaint filed with the department by Joel Greenberg, an attorney with Disability Rights of Oregon (DRO).

“Service animals assist students with disabilities across the United States every day of the school year without incident,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “Fears, generalizations and stereotypes are simply insufficient to deny access to a student’s service dog, and the department will continue to provide school districts with technical assistance to make sure they comply with the ADA.”

“Kids with autism deserve the same opportunity as the rest of us to grow and learn,” said U.S. Attorney Holton. “Scooter’s service dog will help him grow up to meet his full potential – which is something we should all expect and hope for our children.” Holton praised the school district’s decision to engage in a trial period with the service dog: “The last thing we need is years of litigation, costing the people of Hillsboro hundreds of thousands of dollars – Scooter is growing up, and doesn’t have time for lawyers to wrangle.”

The specific terms and parameters of the assessment period are still being worked out, but the school board’s vote shows a good faith effort to voluntarily resolve this dispute without more formal action by the department.

The Americans with Disabilities Act (ADA) requires schools and other public entities and businesses to allow individuals with disabilities to be accompanied by service animals. Service animals cannot be denied access except for the rare instances in which their actual behavior poses a direct threat to the safety of others or results in a fundamental alteration of the nature of a program.

Service animals are individually trained to do work or perform tasks for the benefit of individuals with disabilities, including individuals with neurological disabilities caused by autism. Because of a recent change in rules on service animals adopted by the Justice Department, beginning March 15, 2011, service animals will be limited to dogs. Service dogs perform a wide variety of functions. Examples of these functions include guiding persons who are blind or have low vision; alerting individuals who are deaf or hard of hearing to sounds; warning persons about impending seizures or other medical conditions; performing a variety of tasks for persons with psychiatric disabilities, and picking up items, opening doors, flipping switches, providing physical support and pulling wheelchairs for individuals with mobility disabilities.

The case is being handled by Jeanine Worden, Deputy Chief of the Civil Rights Division’s Disability Rights Section, and Assistant U.S. Attorney Adrian Brown.

More information about the ADA, rights and responsibilities under the ADA relating to service animals, and instructions on filing an ADA complaint with the Justice Department is available at www.ada.gov . This information includes two publications specifically addressing service animal access: “ADA Business Brief: Service Animals” and “Commonly Asked Questions About Service Animals in Places of Business.” Those interested in obtaining copies of these documents or additional information about the ADA can also call the Justice Department’s toll-free ADA Information Line (800) 514-0301 or (800) 514-0383 (TTY).

Source: Department of Justice, Office of Public Affairs

Posted in News | Comments Closed

Justice Department Settles with National Board of Medical Examiners Over Refusal to Provide Testing Accommodations to Yale Medical School Student

Jun 16 2011

WASHINGTON – The Justice Department today announced a settlement under the Americans with Disabilities Act (ADA) with the National Board of Medical Examiners (NBME), a private, non-profit organization that administers the U.S. Medical Licensing Examination (USMLE), a standardized examination related to medical licensing. Under the terms of the settlement agreement, NBME is committed to providing reasonable testing accommodations to persons with disabilities who seek to take the USMLE, in accordance with the requirements of the ADA. In addition, it will grant Frederick Romberg, a Yale Medical School student, the accommodations of double the standard testing time and a separate testing area to take the USMLE.

“In the past, demands for unnecessary or redundant documentation, burdensome and expensive repeated professional evaluations, or irrelevant evaluative testing unrelated to the ability to demonstrate one’s knowledge or skills on an examination prevented individuals with appropriately documented disabilities from pursuing their chosen professions.” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “By entering into this agreement, NBME is doing its part to ensure that people with a reading disability like Mr. Romberg will have the opportunity to take the USMLE with the reasonable testing accommodations they need to demonstrate their knowledge and ability.”

Under the agreement, the NBME will:

· Only request documentation about (a) the existence of a physical or mental impairment; (b) whether the applicant’s impairment substantially limits one or more major life activities within the meaning of the ADA; and (c) whether and how the impairment limits the applicant’s ability to take the USMLE under standard conditions;

· Carefully consider the recommendations of qualified professionals who have personally observed the applicant in a clinical setting and recommended accommodations based upon their clinical judgment that the individual is substantially limited in one or more major life activities within the meaning of the ADA and needs the requested test accommodations in order to demonstrate his or her ability and achievement level; such recommendations are to be based on generally accepted diagnostic criteria and supported by reasonable documentation.

· Carefully consider all evidence indicating whether an individual’s ability to read is substantially limited within the meaning of the ADA, including the extent to which it is restricted as to the conditions, manner or duration as compared to the reading ability of most people.

The Justice Department opened an investigation in response to a complaint from Mr. Romberg who alleged that the NBME had twice denied him reasonable testing accommodations to take the USMLE because of his disability, dyslexia, in violation of the ADA. Subsequently, the department and the NBME sought to resolve the investigation by reaching a settlement agreement.

The settlement was reached under Title III of the ADA which prohibits discrimination against individuals with disabilities by private testing entities that administer examinations related to professional licensing. More information about the Civil Rights Division and the laws it enforces is available at the website www.justice.gov/crt . More information about the settlement with NBME can be found at www.ada.gov or by calling the toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TTY).

Source: Department of Justice, Office of Public Affairs

Posted in News | Comments Closed