Department of Justice-ADA Enforcement

July 2014

New Settlement:  The DOJ announced on July 9, 2014, that it had reached a settlement under Title I of the Americans with Disabilities Act with the city of HUBBARD, OREGON under the settlement, the city agrees not to conduct any medical exams or make any disability-related inquiry of job applicants before a conditional offer of employment is made, and to conduct training and designate an individual to address ADA compliance.

ADA.gov

ADA information line 800-514-0301 or 800-514-0383 (TDD)

 

 

There are 2 new settlements which are now available . Please go to www.ADA.gov

ADA Anniversary Week Blog — Friday

FROM U.S. Department of Justice
In honor of the 23rd anniversary of the Americans with Disabilities Act, each day this week – ADA Anniversary Week – the Department of Justice has highlighted a different enforcement action or initiative combating discrimination on the basis of disability.

Today, the final day of our celebration, we highlight the ADA as a Gateway to Health Care.  Too often people with disabilities face insurmountable obstacles to basic health care, including communication barriers and exclusionary policies.  One year ago, the Civil Rights Division announced the creation of the Barrier-Free Health Care Initiative.  The blog post today describes some of the Justice Department’s enforcement efforts under this program to ensure access to health care for individuals with disabilities, particularly individuals who are deaf or hard of hearing, have mobility disabilities, or have HIV/AIDS.  We are also pleased to announce today the launch of our redesigned HIV/AIDS web page, which provides helpful information regarding HIV/AIDS discrimination, including settlement agreements that the Department has reached, publications that explain the rights of people with HIV/AIDS under the ADA, and ways to file a discrimination complaint with the Justice Department.

Finally, to commemorate ADA anniversary week, and especially today — the ADA anniversary day, Acting Assistant Attorney General Jocelyn Samuels has issued a message reaffirming the Division’s commitment to the promise of equal opportunity for people with disabilities.

To find out more about ADA Anniversary Week visit the Justice Blog.  For more general information on the Americans with Disabilities Act visit ADA.gov, or call the toll-free ADA Information Line at (800) 514-0301 (voice) or (800) 514-0383 (TTY).

 

ADA Anniversary Week Blog — Tuesday

FROM U.S. Department of Justice

In honor of the 23rd anniversary of the Americans with Disabilities Act, each day this week – ADA Anniversary Week – the Department of Justice will highlight a different enforcement action or initiative combating discrimination on the basis of disability.

Today we highlight the ADA as a Gateway to Emerging Technology.  Our blog post describes a settlement agreement announced today that the Department reached with Louisiana Tech University and the Board of Supervisors for the University of Louisiana System to increase technological accessibility for students with disabilities.  The blog post also discusses DOJ’s settlement agreement with the Sacramento Public Library to make accessible e-book readers available to patrons with disabilities.

To find out more about ADA Anniversary Week visit the Justice Blog.  For more general information on the Americans with Disabilities Act visit ADA.gov, or call the toll-free ADA Information Line at (800) 514-0301 (voice) or (800) 514-0383 (TTY).

7/22/2013

ADA Anniversary Week Blog — Monday

FROM U.S. Department of Justice

In honor of the 23rd anniversary of the Americans with Disabilities Act, each day this week – ADA Anniversary Week – the Department of Justice will highlight a different enforcement action or initiative combating discrimination on the basis of disability.

Today we highlight the Department’s Project Civic Access, a wide-ranging effort to ensure that counties, cities, towns, and villages comply with the ADA by eliminating physical and communication barriers that prevent people with disabilities from participating fully in all aspects of government.  Our blog entry today describes a settlement agreement that the Department reached with the Town of Poestenkill, New York, to improve access to all aspects of civic life for persons with disabilities.

To find out more about ADA Anniversary Week and Project Civic Access visit the Justice Blog.  For more general information on the Americans with Disabilities Act visit ADA.gov, or call the toll-free ADA Information Line at (800) 514-0301 (voice) or (800) 514-0383 (TTY).

 

7/22/2013

U.S. v. State of Florida Complaint on ADA.gov/olmstead

On July 22, 2013, the United States filed a lawsuit against the State of Florida in federal district court to remedy ADA violations involving the State’s failure to provide services and supports to children with disabilities in the most integrated setting appropriate to their needs.  The lawsuit alleges that, as a result of the manner in which Florida administers its service system for children with significant medical needs, children with disabilities are unnecessarily segregated in nursing facilities when they could be served in their family homes or other community-based settings.  The lawsuit further alleges that the State’s policies and practices place other children with significant medical needs in the community at serious risk of institutionalization in nursing facilities.

People interested in finding out more about the ADA and the Department’s work to enforce the Supreme Court’s decision in Olmstead  v. L.C., can access the ADA website or call the toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TTY).

 

7/19/2013

The Justice Department today announced an agreement with the Town of Poestenkill, New York, to improve access for people with disabilities to civic life in Poestenkill.  The agreement was reached under Project Civic Access (PCA), the Justice Department’s initiative to ensure that cities, towns and counties throughout the country comply with the Americans with Disabilities Act (ADA).

This agreement is the first to be posted on the Department’s newly redesigned PCA web page. The newly redesigned web page allows users to identify PCA agreements in two different ways: by geographic location using a clickable map or a state list; and by chronological order, when the agreement became effective.

People interested in finding out more about the ADA and the Department’s settlement agreement with the city of West Columbia can access the ADA website at ADA.gov, or call the toll-free ADA Information Line at (800) 514-0301 (voice) or (800) 514-0383 (TTY).

 

7/11/20013

The  Department  of Justice and the Department of Transportation have issued  “Joint Technical Assistance on the Title II of the Americans with Disabilities Act (ADA) Requirements to Provide Curb Ramps when Streets, Roads, or Highways are Altered through Resurfacing” and accompanying glossary.  This technical assistance document reiterates the longstanding obligation of public entities under title II of the ADA to provide curb ramps where street-level pedestrian walkways cross curbs whenever streets, roadways, or highways are altered.  It also responds to questions raised by public entities with respect to whether particular road surface treatments fall within the ADA definition of alterations, or whether they should be considered maintenance that would not trigger the obligation to provide curb ramps.

To find out more about the ADA and about this and other technical assistance documents, call the Justice Department’s toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TDD), or access its ADA.gov website.

3/21/2013

The Justice Department announced today that it has reached a settlement with the University of Medicine and Dentistry of New Jersey, Medical School and School of Osteopathic Medicine to remedy alleged violations of the Americans with Disabilities Act (ADA).  The agreement resolves allegations that the University of Medicine and Dentistry of New Jersey violated the ADA by excluding two applicants because they have Hepatitis B.  Under the settlement, the University must provide $75,000 in compensation and tuition credits to the applicants, change its policies, and train its staff on the ADA.

People interested in finding out more about the ADA and the Department’s settlement agreement with the University of Medicine and Dentistry of New Jersey can access the ADA website at http://www.ada.gov/ or call the toll-free ADA Information Line at (800) 514-0301 (voice) or (800) 514-0383 (TTY).

3/20/2013

The Justice Department announced today that it has reached a settlement with Glenbeigh, located in Rock Creek, Ohio, to remedy alleged violations of the Americans with Disabilities Act (ADA).  The agreement resolves allegations that Glenbeigh violated the ADA by unlawfully refusing to admit someone with HIV into its alcohol treatment program because of the side effects of his HIV medication. This is the fourth settlement addressing HIV discrimination by a medical provider reached by the Justice Department this year.

In the past six weeks, the department announced similar agreements with the Fayetteville Pain Center, the Castlewood Treatment Center, and Woodlawn Family Dentistry to address HIV discrimination.  All four settlements are part of the Department of Justice’s Barrier-Free Health Care Initiative, a partnership of the Civil Rights Division and U.S. Attorney’s offices across the nation, to target enforcement efforts on a critical area for individuals with disabilities.

People interested in finding out more about the ADA and the Department’s settlement agreement with Woodlawn Family Dentistry can access the ADA website at ADA.gov or the Department’s page devoted to fighting discrimination against people with HIV/AIDS at ADA.gov/AIDS, or call the toll-free ADA Information Line at (800) 514-0301 (voice) or (800) 514-0383 (TTY).

 

9/17/12

The Justice Department announced yesterday that it  seeks to intervene in a class action lawsuit against the Law School  Admission Council (LSAC) in federal court in San Francisco to remedy  violations of the Americans with Disabilities Act (ADA).  The department’s proposed complaint in intervention in the lawsuit, The Department of Fair Employment and Housing v. LSAC, Inc., et al., alleges  LSAC’s practices of routinely denying needed testing accommodations and  flagging test scores achieved with certain testing accommodations  violates the ADA.

 

People  interested in finding out more about the ADA and the Department’s  recent motion to intervene and proposed complaint in the LSAC lawsuit  can access the ADA website at http://www.ADA.gov or call the toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TTY).

The Justice Department announced the release of its report “Section 508 Report to the President and Congress: Accessibility of Federal Electronic and Information Technology.”  The report, authorized under Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. § 794d), provides findings based on a survey of federal agencies on the accessibility of their electronic and information technology and the procedures used to implement the requirements of Section 508.

 

Section 508 requires federal agencies to make their electronic and information technology (EIT) accessible to people with disabilities, unless certain exceptions apply.  EIT includes telecommunications products (such as telephones), information kiosks and transaction machines, websites, multimedia, and office equipment, such as copiers and fax machines, computers, software, firmware and similar products and services.  Specifically, Section 508 requires federal agencies to ensure that EIT they develop, procure, maintain, or use allows employees with disabilities and members of the public seeking information or services to have access to and use of information and data that is comparable to that available to people who do not have disabilities. Section 508 also requires the attorney general to report and offer recommendations periodically to the President and Congress on the state of federal agency compliance with Section 508.

 

In 2010-2011, the Department created survey instruments and solicited answers from federal agencies about their implementation of Section 508. The survey requested data in four important areas:  procurement, general processes for implementing Section 508, administrative complaints and civil actions, and website compliance.

 

For more information, including a press release, you can visit the Department’s Section 508 home page at www.ADA.gov/508.

 

The Justice Department announced today that it and the AIDS Law Project of Pennsylvania have reached a settlement with the Milton Hershey School of Hershey, Pa., to remedy alleged violations of the Americans with Disabilities Act (ADA).  The agreement resolves allegations that the school violated the ADA by refusing to consider a child, known by the pseudonym Abraham Smith, for enrollment due to the fact that he has HIV.

Under the settlement agreement, the School is required to pay $700,000 to Abraham Smith and his mother, to adopt and enforce a policy prohibiting discrimination and requiring equal opportunity for students with disabilities, including those with HIV, in the School’s programs and services, and to provide training to staff and administrators on the requirements of the ADA.  The School must also pay a $15,000 civil penalty to the United States.

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People interested in finding out more about the ADA and the Department’s settlement agreement with the Milton Hershey School can access the ADA website at http://www.ada.gov/ or call the toll-free ADA Information Line at (800) 514-0301 or (800) 514-0383 (TTY).

 

 

 

The U.S. District Court for the Eastern District of Virginia has approved a comprehensive settlement agreement between the United States and the Commonwealth of Virginia, resolving the department’s findings that Virginia’s system for serving people with intellectual and developmental disabilities violated the Americans with Disabilities Act (ADA). The department had found that Virginia was violating the ADA requirement, as interpreted by the Supreme Court’s decision in Olmstead v. L.C., to provide people with intellectual and developmental disabilities the opportunity to live and receive services in the community.

To learn more about the Department’s efforts to enforce the Supreme Court’s decision in Olmstead v. L.C. and about the Americans with Disabilities Act, go to www.ADA.gov or call the ADA Information Line at 800-514-0301 (voice) or 800-514-0383 (TTY).

6 comments

  1. Lisa Masters

    I just moved into a gated community where the HOA will not give me an access code or install a keypad high enough for a bus to enter into the community so that my son can arrive safely home from school. My address is 7344 Green Tree Drive, Orlando FL 32819 and my phone number is 386 689 8541. I’m not sure were to find an advocate. My son is 17, has autism and cannot be responsible for a pedestrian gate key. Plese help.
    Thank you,
    Lisa Masters

  2. Leslie Cabanach

    I would like to speak with an advocate about a situation with a national financial bank that I bellieve is discriminating against me. I am federally disabled & on SSID.
    Phone# 516.404.6520
    Thank you.

  3. kacy

    The repulsive gross and deliberate STate /Federal ada violations continue in both NH and VT targeting both Kacy and minor daughter Jordan age 9 For 6 yrs my family resided in Keene. NH After the passing of our extended familY. Monadnock Developmental Services took over. WE became ” property” of this State area agency. Intimadation. discrimation. humilation. isolation. gossip. lies to and about my family and other families were not hidden @ Mds. It started in May of 2008 during a great personal loss. my dear friend/ sister passed away from cancer. Jordan lost her grandma. shw was just discovering she was different, mom was diagnoised w sever osteoporosis and just fractued 2 verterbra l3. L4. I was still standing straight at this time. Jordan spent the 1st 3 yrs having surgery to correct the damage caused by a rare birth defect amniotic band syndrome. Her hands were also maimed.deformity of her fingers, missing toes and fingers from the “natural amputations abs causes. She is considered to have a mild case.

    1. Kacy

      In school my daughter was excluded, provoked to hysteria, forced into a cement room for the entire school day. My concerns ,ideas, input were ignored by the staff and members of the IEP meetings. Blame and fault finding was always at my child or myself. ” your disability has a negative affect on your daughter” the staff would say. The area agency covered up the discrimination and abuse by labeling me as “mental, stupid, crazy, crippled, retarded, and what ever insults or degrading remarks that could be thought up at the time. After major spine surgeries in 2011, my families world came apart. My daughter was overwhelmed by the treatment she received at the school. We had paid untrained non medical helpers that came to our home. The treatment by some of the workers was repulsive, we were robbed. our property broken, many were disrespectful, others abused the both of us in all ways. if I complained I was told “you need to get along with your help” or I was labeled as a difficult client, because I wanted and needed people with compassion, empathy, so I could heal. It just got worse. I could not work w the state area agency. The common term regarding any abuse of my child was “your daughter is a liar and you have to move on.” That’s exactly what I wanted to do move. I did not want to be in a city, community, or state that had no tolerance for differences. Our social security money was “being taken care of by a employee at the agency The employee violated every law rule regarding a rep payee, she refused to show bank statements, refused to allow money for basic needs, she threatened to not pay a bill if I didn’t comply w a demand she requested. A report was filed against the school and the area agency. The next thing was the landlord who was stalking my family, terrorizing me and my daughter. He refused to properly maintain the apt and comply with fair housing.. he entered my apt when he felt like it, he took pictures of my family then went to the police with stories. The police refused to allow me o file any criminal complaints regarding blatant fraud, discrimination, stalking, threats. he put my family in imminent fear of safety and life. A temporary protective order was given by the court. At the hearing I was not allowed to speak, my evidence was refused, no due process, no recuse. My family was refused the basic of all human rights to be safe in out community and home. The area agency rep payee did finally resign stating ” you are incompetent” and several other rude, hateful remarks. All this happened while I was trying to heal from surgery. I just started walking. I reported this to doctors, social workers, friends, neighbors, even went to the atty general and we were ignored. My daughter has PTSD and panic attacks at 8 years old. So did I. Everywhere I went I was stopped. In 3 months after I filed reports of abuse, ADA violations, civil an d human rights with the OCR. My daughter I tried to protect was used in a 2nd court hearing w the same judge. I was not allowed legal aide, not allowed to speak, I was not allowed to have witnesses, the only thing I was allowed was to be emotionally and verbally abused and violated for 3 hours by the same people that were reported. The employee that resigned as a rep payee did most of the talking. She has no children, she never came to my home she knows nothing about my family. why was this allowed. My daughter I tried to protect because I love her and she is my world was illegally removed from my custody, within 2 weeks I was locked out of my paid apt, all our possessions put on the lawn w a free sign. I had no where to go I was forced into homelessness. Two weeks later while attempting to drive to my doctor. I was sick. lost the use of my legs. I hit the grid. I was again humiliated, interrogated. accused, blamed, I was charged with a dwi, later changed to recklessness still pending. I collapsed 2 days later and several days later woke in critical condition in a ICU w a community acquired pneumonia. Shock from the pain from failed spine surgeries. A year has passed. and I am just starting to get some of the things back that were taking from my family. I don’t know how people can be so mean, cruel, and hateful. I don’t know how some can sleep at night. I cant find a ADA attorney anywhere, everything I believed has been a lie. this is not a case of failing through the cracks. this is deliberate cruel and inhumane treatment of a mom and her child that are singled out because of our differences. There is no excuse for the horrific abuse my family has been put through. and there is no excuse for others that don’t step up. All the laws rules, acts can be passed. But if they are not followed it hurts. We are sick of hurting, we need healing. Who will step up?

  4. Ngo Hoang Nguyen

    It’s actually a nice and useful piece of info.
    I am satisfied that you simply shared this helpful info with us.
    Please stay us informed like this. Thanks for sharing.

  5. Sihar

    Ben,
    Can you kindly call our National Chief, darren Aquino 929-245-1151.

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