MARYLAND DAY CAMP AGREES TO AFFORD EQUAL RIGHTS FOR CHILDREN WITH EPILEPSY

FROM:  U.S. JUSTICE DEPARTMENT
Wednesday, June 24, 2015
Justice Department Reaches Agreement with Maryland Day Camp to Ensure Equal Rights for Children with Epilepsy

The Justice Department signed a settlement agreement today with Camp Bravo, a day camp that operates in Towson, Maryland, just outside Baltimore.  The settlement resolves allegations that Camp Bravo violated a child’s civil rights by denying her admission to the camp because she has epilepsy, in violation of the Americans with Disabilities Act (ADA).  Because the child would need emergency medication administered if she were to have a prolonged or acute repetitive seizure, Camp Bravo denied her admission.  Though the medication, Diastat, is designed to be administered by trained laypersons and could save the child’s life, Camp Bravo would not permit non-medical staff to administer the medication and later refused to permit the camp nurse to accompany the child on field trips or bus rides.  As a result, the child was not able to attend Camp Bravo for two consecutive summers.

Title III of the ADA prohibits discrimination on the basis of disability by private camps and child care programs.  Under the ADA, such entities must make reasonable modifications to their policies, practices or procedures when necessary to provide equal access to a child with a disability, unless a modification would fundamentally alter the nature of the goods and services.  It generally will be a reasonable modification required by title III of the ADA for certain public accommodations, such as camps and child care programs, to train laypersons to administer Diastat.

“Equal access to camps and child care programs is essential to children and parents across the country,” said Principal Deputy Assistant Attorney General Vanita Gupta of the Civil Rights Division.  “These programs allow children with disabilities to learn and play with their peers and develop important social skills.  The Civil Rights Division will not allow the exclusion of children with seizure disorders where life-saving medication can be safely administered by trained laypersons.”

“Federal law prohibits businesses from discriminating against children with disabilities,” said U.S. Attorney Rod J. Rosenstein of the District of Maryland.

Under the agreement, Camp Bravo will admit the child for all future camp sessions of the child’s choosing, as long as she is of eligible age, and will pay $8,000 to the family to compensate them for Camp Bravo’s failure to admit the child when she previously applied.  In addition, Camp Bravo will train its staff on the ADA and, if a child with epilepsy is enrolled in the camp, on epilepsy and seizures.  The camp will also adopt and enforce a nondiscrimination policy, as well as an emergency anti-seizure medication administration policy and procedure.  The department will monitor Camp Bravo’s compliance with the agreement for three years.

DOJ SETTLES WITH BUS CO. IN PEOPLE WITH DISABILITIES ACCESSIBILITY CASE

FROM:  U.S. JUSTICE DEPARTMENT
Friday, December 5, 2014
Justice Department Announces Settlement with Virginia Bus Company to Ensure Accessibility for People with Disabilities

The Justice Department announced today that it has entered into a settlement under the Americans with Disabilities Act (ADA) with DC Trails Inc., a bus transportation company in Lorton, Virginia, that ensures that their buses are accessible to people with disabilities, including individuals who use wheelchairs or other mobility aids.  DC Trails is a covered large, fixed-route over-the-road bus operator under the ADA.

The settlement is the result of collaborative enforcement efforts between the Civil Rights Division at the Justice Department, the United States Attorney’s Office for the Eastern District of Virginia and the Federal Motor Carrier Safety Administration (FMCSA) of the U.S. Department of Transportation (DOT).  The agreement remedies violations by DC Trails, including failing to provide accessible buses for all trips, failing to report the number of passengers with disabilities that used the lift to board, requiring individuals with disabilities to provide advance notice prior to a trip and failing to train its staff on accessibility requirements.  The settlement agreement requires DC Trails to:

Comply with all ADA requirements for accessible service, and not exclude persons with disabilities from their transportation services;

Ensure that the company’s employees and contractors do not require or otherwise inform passengers with disabilities who use or seek to use DC Trails’ fixed route service that they must provide advance notice in order to use an accessible bus;

Ensure that DC Trails only uses wheelchair-accessible buses for its fixed route service; and

Train all employees and contractors on the requirements of the ADA for large, fixed-route over the road bus operators.

“Intercity bus service is a growing and effective means of affordable transportation across this country,” said Assistant Attorney General Vanita Gupta of the Civil Rights Division.  “People with disabilities must be able to count on accessible bus service that is equal to the service provided to others.”

“This settlement agreement demonstrates the United States Attorney’s Office’s commitment to ensure that individuals with disabilities receive equal access to public accommodations, including transportation services that are operated out of Northern Virginia,” said U.S. Attorney Dana Boente for the Eastern District of Virginia.

This is the Justice Department’s 24th settlement with bus companies over the past several years to ensure compliance with accessibility obligations.

Title III of the ADA prohibits discrimination against people with disabilities by public accommodations, including large over-the-road bus companies.  DOT’s regulations implementing the ADA require that these companies perform regular maintenance checks to ensure that wheelchair lifts work, provide prompt accessible service with an alternative carrier if the company does not have a lift-equipped bus, train their employees on accessibility requirements, and file annual accessibility reports with the FMCSA.

This matter was handled for the Department by Assistant United States Attorney Steven Gordon, Coordinator of the United States Attorney’s Office’s Civil Rights Enforcement Program, and David W. Knight of the Civil Rights Division.

SECRETARY KERRY'S STATEMENT REGARDING INTERNATIONAL DAY OF PERSONS WITH DISABILITIES 2014

FROM:  U.S. STATE DEPARTMENT 
International Day of Persons With Disabilities 2014
Press Statement
John Kerry
Secretary of State
Washington, DC
December 3, 2014

In too many countries, what we take for granted here in the United States has never been granted at all.

Just a couple years ago, I met Dan Berschinski, a retired U.S. Army captain, Afghanistan War veteran, and double amputee. Dan shared that when he travels overseas, he has to worry about questions most of us never think to ask: Will my wheelchair fit through the hotel doorway? Will the bathrooms be accessible? Will the buildings have ramps?

In too many countries, what we did here at home through the Americans with Disabilities Act (ADA) – whose 25th anniversary we celebrate next year – still hasn’t been remotely realized. We need to change that – and we can. But it requires American leadership at home to make that difference in the world.

It wasn’t easy to get where we are today in the United States. I remember the early days of the fight to make our country more accessible, whether it was in Massachusetts where it took great effort to help open the path for the Wheelchair Division of the Boston Marathon, or nationally to open up Little League opportunities for kids with disabilities. I will never forget the impact it had when President Bush signed the ADA into law.

That historic, bipartisan legislation has played a huge role in making our country more accessible. It raised the expectations of people with disabilities about what they can hope to achieve at work and in life. It inspired the world to view disability issues through the lens of equality and opportunity. And thanks to the ADA and other laws, nearly one in five Americans are now protected from disability-based discrimination.

Having traveled to a great number of countries as Secretary of State, I’ve seen firsthand that disability rights are not abstract concepts. They are about things you can see and touch that make a difference. They are about sidewalks with curb cuts; public buildings with accessible bathrooms; restaurants, stores, hotels, and universities with ramps and elevator access; buses with lifts; and train platforms with tactile strips.

The way we treat people of all backgrounds demonstrates our values and defines who we are. That’s our greatest export, and on this International Day of Persons with Disabilities, we renew our determination to make sure that we leave no one behind -- anywhere.

OCEANS SPRINGS, MISSISSIPPI TO PAY $437,000 TO RESOLVE DISABILITY DISCRIMINATION CASE

FROM:  U.S. JUSTICE DEPARTMENT 
Tuesday, November 25, 2014
City of Ocean Springs, Mississippi, Agrees to Reforms and $437,500 Payment to Resolve Disability Discrimination Lawsuit

The Justice Department today announced a settlement resolving a federal civil rights lawsuit against the City of Ocean Springs, Mississippi, for alleged violations of the Americans with Disabilities Act (ADA).  Under the proposed consent decree, the city will pay $437,500 in damages to an outpatient psychiatric treatment facility that was discriminated against by the city based on unsupported myths and stereotypes about prospective patients at the facility.  The decree requires the city to reform its land use and zoning practices to eliminate discriminatory barriers for providers of mental health services to people with disabilities and combat the stigma of mental illness.

The documents filed in federal court today allege that the city discriminated against Psycamore LLC when it denied a certificate of occupancy and a use permit because Psycamore treats patients with mental illness.  Psycamore sought to operate in an area allowing medical clinics and should have been allowed to operate by the city.  But the city would not allow it to open.  At public hearings called by the city a flier that depicted Psycamore as the psychiatric ward in the film One Flew Over the Cuckoo’s Nest was circulated to city officials.

The department found that the city based its decision on discriminatory beliefs, myths and stereotypes about Psycamore’s patients and their mental disabilities.  As a result, the city perpetuated the stigma surrounding mental illness, interfered with Psycamore’s ability to treat individuals with mental disabilities in Ocean Springs and forced Psycamore to delay opening its clinic and to move it to Biloxi, Mississippi.  Psycamore also suffered economic losses, including lost profits and out of pocket expenses.

“The Americans with Disabilities Act protects people with mental illness from discrimination and mental health facilities are protected from discrimination based on the disabilities of the people they serve.  ” said Acting Assistant Attorney General Vanita Gupta for the Civil Rights Division.  “The Civil Rights Division is committed to combating the stigma of mental illness, promoting greater community awareness and protecting the rights of persons living with mental illness as well as the persons and entities who serve them.”

“The participation of the U.S. Attorney’s Office in this important litigation sends a strong message that we will not tolerate discrimination of any kind in this district,” said U.S. Attorney Gregory K. Davis for the Southern District of Mississippi.  “Discrimination based upon myths, fears and stereotypes is never appropriate.  We are fully committed to ensuring that individuals with disabilities and those who provide services to them have a full and equal opportunity to participate in all facets of their communities.”

Under the consent decree, the city will adopt and implement policies to ensure nondiscriminatory zoning practices that will not limit access to needed services and treatment for people with mental disabilities.  City officials involved in zoning decisions will be trained on the ADA.  The city will also report to the Justice Department on future land use decisions involving individuals with disabilities and hire an ADA coordinator to oversee the city’s compliance with the ADA and the consent decree.  In addition to paying damages to Psycamore, the consent decree requires the city to grant Psycamore a certificate of occupancy and use permit, if necessary, to return to Ocean Springs in the future in the same or similar zone where it previously sought to locate.

The ADA protects individuals with disabilities from discrimination in all activities of state and local government entities, including zoning and land use decisions.

DOJ, CITY OF BALTIMORE REACH AGREEMENT TO PREVENT DISABILITY DISCRIMINATION

FROM:  U.S. JUSTICE DEPARTMENT 

Wednesday, August 20, 2014

Justice Department Reaches Agreement with the City of Baltimore to Prevent Disability Discrimination

City of Baltimore to Pay $65,000 in Damages and Adopt New Policies and Procedures

The Justice Department today announced that it has reached an agreement with the city of Baltimore, Maryland, to end hiring practices that discriminate against people with disabilities.  The agreement, filed as a consent decree along with a complaint in the U.S. District Court for the District of Maryland, resolves allegations by the department that the city engaged in a pattern or practice of discrimination under the Americans with Disabilities Act (ADA).  Title I of the ADA prohibits employers from discriminating against individuals on the basis of disability in various aspects of employment, including hiring.

The department alleges that the city required job applicants, including an individual complainant, to submit to a medical examination and answer disability-related inquiries before the city made conditional offers of employment.  Under the ADA, employers may not require applicants to submit to medical exams or answer disability-related inquiries before making conditional offers of employment.  The department also alleges that the city refused to hire the complainant for a fire dispatcher position because of her disability, even though she was already working successfully as a dispatcher elsewhere and required no accommodations.

The consent decree must be approved by the court, and requires the city to:                        
·                      pay $65,000 to the complainant in compensatory damages;
·                      adopt new policies and procedures regarding the administration of pre-employment medical examinations and inquiries;
·                      provide training on the ADA to all employees who participate in making personnel decisions related to pre-employment medical examinations and inquiries;
·                      ensure that the city’s contract with any medical examiner provides that the examiner is required to comply with the ADA in conducting medical examinations and certify that it  has reviewed ADA training materials;
·                      provide periodic reports to the department on compliance; and
·                      designate an employee to address ADA compliance matters.
“The Justice Department will not tolerate discriminatory, outdated stereotypes that prevent individuals with disabilities from being hired for positions for which they are qualified,” said Acting Assistant Attorney General Molly Moran for the Civil Rights Division.

DOJ, LOUISIANA SUPREME COURT REACH AGREEMENT TO PROTECT BAR CANDIDATES WITH DISABILITIES

FROM:  U.S. JUSTICE DEPARTMENT 

Friday, August 15, 2014

Department of Justice Reaches Agreement with the Louisiana Supreme Court to Protect Bar Candidates with Disabilities

The Justice Department announced today that it has entered into a settlement agreement with the Louisiana Supreme Court that will resolve the department’s investigation of the court’s policies, practices and procedures for evaluating bar applicants with mental health disabilities.  The department’s investigation found that during the Louisiana bar admissions process licensing entities based recommendations about bar admission on mental health diagnosis and treatment rather than conduct that would warrant denial of admission to the bar.

The settlement agreement ensures the right of qualified bar applicants with mental health disabilities to have equal access to the legal profession as required by the Americans with Disabilities Act (ADA).  It prohibits the court from asking unnecessary and intrusive questions about bar applicants’ mental health diagnosis or treatment.  It also requires the court to refrain from imposing unnecessary and burdensome conditions on bar applicants with mental health disabilities, such as requests for medical records, compulsory medical examinations or onerous monitoring and reporting requirements.  Title II of the ADA prohibits public entities, including licensing entities, from imposing unnecessary eligibility criteria that tend to screen out individuals with disabilities, or imposing unnecessary burdens on individuals with disabilities that are not imposed on others.

The department found that diagnosis and treatment, without problematic conduct, did not effectively predict future misconduct as an attorney and did not justify restrictions on admission.  Yet the Louisiana bar admissions process imposed unnecessary burdens on applicants and attorneys based on their diagnosis and treatment, in violation of the ADA.  Questions about mental health diagnosis and treatment, such as those used by Louisiana, are counterproductive to licensing entities’ interest in attorney fitness because individuals who would benefit from mental health treatment may be deterred from obtaining it by the knowledge that they will have to disclose their treatment to licensing authorities.

“Today’s agreement will ensure that qualified bar applicants with mental health disabilities are able to pursue their dream of becoming licensed attorneys, without discrimination based on diagnosis or treatment,” said Acting Assistant Attorney General Molly Moran for the Civil Rights Division.  “Qualified individuals with disabilities, including mental health disabilities, have valuable contributions to make to the legal profession and to their communities.  Their diagnosis should not hinder or prevent them from doing so.  Though bar licensing entities have the important responsibility of ensuring that all licensed attorneys are fit to practice law, licensing entities must discharge this responsibility in a manner that is consistent with civil rights laws.”

“This agreement is a testament to the United States Department of Justice’s commitment to fighting discrimination against persons with disabilities and further ensures that qualified individuals will have the opportunity to pursue their career goals and make valuable contributions to our community,” said U.S. Attorney Kenneth Allen Polite Jr. for the Eastern District of Louisiana.  “The cooperation between the parties in reaching this agreement demonstrates a shared priority of protecting against discrimination.”

Under the agreement, the court will, among other actions:

•                           Revise its character and fitness screening questions so that they focus on applicants’ conduct or behavior, and ask about an applicant’s condition or impairment only when it currently affects the applicant’s ability to practice law in a competent, ethical and professional manner or is disclosed to explain conduct that may otherwise warrant denial of admission;

•                           Refrain from imposing unnecessary burdens on applicants with mental health disabilities by placing onerous disability-based conditions on their admission, invading their privacy, or violating their confidentiality;

•                           Re-evaluate prior and pending applications of applicants who disclosed mental health disabilities under the revised, non-discriminatory procedures set forth in the agreement; and

•                           Pay $200,000 to compensate a number of affected bar applicants and attorneys.

Since the department’s letter of findings concluding that the court was in violation of Title II of the ADA was issued in February, the court has worked cooperatively with the department to negotiate an agreement and to implement corrective measures.

The department has also raised issues about unnecessary bar application questions related to mental health disabilities with the states of Vermont and Connecticut and with the National Council of Bar Examiners (NCBE).  The NCBE revised two of its questions about mental health on February 24, 2014.

DOJ ANNOUNCES PROPOSAL TO EXPAND MOVIE THEATER ACCESS FOR HEARING, VISUALLY DISABLED

FROM:  U.S. JUSTICE DEPARTMENT 

Friday, July 25, 2014

Justice Department Announces Proposed Amendment to Americans with Disabilities Act Regulations to Expand Access to Movie Theaters for Individuals with Hearing and Vision Disabilities

The Justice Department announced today that Attorney General Eric Holder has signed a Notice of Proposed Rulemaking (NPRM) to amend the Title III regulation for the Americans with Disabilities Act (ADA) to require movie theaters to provide closed movie captioning and audio description in order to give persons with hearing and vision disabilities access to movies.

"This proposed rule will allow all Americans, including those with disabilities, to fully participate in the moviegoing experience.  With this proposal, the Justice Department is taking an important step to ensure consistent access for people with vision and hearing disabilities," said Attorney General Eric Holder.  "Twenty-four years after its passage, the Americans with Disabilities Act remains a critical tool for extending the promise of opportunity and inclusion for everyone in this country."

Closed movie captioning refers to captions that are delivered to the patron’s seat and are visible only to that patron.  Audio description enables individuals who are blind or have low vision to enjoy movies by providing a spoken narration of key visual elements of a movie, such as actions, settings, facial expressions, costumes and scene changes.  Audio description is transmitted to a user’s wireless headset.  The department is proposing to provide a consistent nationwide standard for movie theaters to exhibit movies that are available with closed movie captioning and audio description for all showings.  The department is also proposing to require theaters to provide a specific number of closed captioning and audio description devices.  Theaters need not comply with the proposed rule if doing so would cause an undue burden or fundamental alteration.  The department is not proposing to require movie theaters to add captions or audio description to movies that are not already produced and distributed with these features.

The department is proposing a six-month compliance date for movie theaters’ digital movie screens and is seeking public comment on whether it should adopt a four-year compliance date for movie theaters’ analog movie screens or should defer rulemaking on analog screens until a later date.

“As we celebrate the 24th anniversary of the Americans with Disabilities Act on Saturday, we are reminded that people with disabilities still do not have full access to all aspects of American cultural life,” said Jocelyn Samuels, Acting Assistant Attorney General for Civil Rights.  “Although some movie theaters are making strides towards meeting their ADA obligations, there is a good deal of inconsistency among theaters across the United States.  This proposed rule is intended to ensure that, regardless of where a person with a hearing or vision disability lives, that person will be able to attend movies with their friends and family and fully enjoy this important social and cultural activity.”

On July 26, 2010, the department published an Advance Notice of Proposed Rulemaking (ANPRM) asking how requirements for movie captions and audio description should be implemented.  The ANPRM sought public comment regarding the type of accessibility requirements for captioning and video [audio] description the department should consider, particularly in light of the industry’s conversion to digital cinema technology.  The department received more than a thousand comments in response to the ANPRM and these comments were taken into consideration when developing the proposed rule.

The department intends to publish the proposed rule in the Federal Register in the near future, and public comments on the NPRM will be due 60 days from the date the rule is published.

SETTLEMENT ALLOWS AUTISTIC BOY TO BRING HIS DOG TO SCHOOL

FROM:  U.S. JUSTICE DEPARTMENT 

Tuesday, June 24, 2014

New Jersey School District to Adopt Service Animal Policies and Pay Fine to Resolve Justice Department Investigation

The Justice Department announced today that it reached a settlement with the Delran Township School District in New Jersey under Title II of the Americans with Disabilities Act (ADA).  The agreement resolves allegations that the school district violated the ADA by refusing to allow a student with autism and encephalopathy to have his service dog in school or at school-related activities.  The service dog alerts to the student’s seizures, provides mobility and body support and mitigates the symptoms of his autism.

The department found that the student’s mother spent six months responding to burdensome requests for information and documentation, and still the school district refused to allow the student to be accompanied by his service dog.  Despite her efforts, the student was even prevented from bringing his service dog with him on the bus for his school’s end of the year field trip.  Instead, his mother followed the school bus with the service dog in her car.

Title II of the ADA prohibits discrimination on the basis of disability in public schools.  Under the ADA, public schools must generally modify policies, practices or procedures to permit the use of a service dog by a student with a disability at school and school-related activities.  Because service dogs must be under the control of a handler, students often act as the handler of their own service dog; when that is not possible, the family may provide an independent handler, as the family offered to do here.

The school district worked cooperatively with the department throughout the investigation.  Under the agreement, the school district will pay $10,000 to the family to compensate them for the harm they endured as a result of the school district’s actions.  In addition, the school district will adopt an ADA-compliant service animal policy and provide training to designated staff on the school district’s obligations under Title II of the ADA, including requirements related to service dogs.

“ The old view of service animals working only as guide dogs for individuals who are blind has given way to a new generation of service animals trained to perform tasks that further autonomy and independence for individuals with a myriad of disabilities , ” said Acting Assistant Attorney General Jocelyn Samuels for the Civil Rights Division.  “The Civil Rights Division will vigorously enforce the ADA to ensure that students who use service animals have a full and equal opportunity to participate in all school activities with their peers.”

Enforcing the ADA is a top priority of the Civil Rights Division.  Those interested in finding out more about this settlement or the obligations of public entities schools under the ADA may call the department’s toll-free ADA information line at 800-514-0301 or 800-514-0383 (TDD), or access the ADA website .  ADA complaints may be filed by email to ada.complaint@usdoj.gov .

The Civil Rights Division would like to thank the U.S. Attorney’s Office for the District of New Jersey for their assistance in this matter.

DOJ ANNOUNCES SETTLEMENT IN LANDMARK AMERICANS WITH DISABILITIES ACT CASE

FROM:  U.S. JUSTICE DEPARTMENT 
Tuesday, April 8, 2014
Department of Justice Reaches Landmark Americans with Disabilities Act Settlement Agreement with Rhode Island

The Justice Department announced today that it has entered into a statewide settlement agreement that will resolve violations of the Americans with Disabilities Act (ADA) for approximately 3,250 Rhode Islanders with intellectual and developmental disabilities (I/DD).   The landmark ten year agreement is the nation’s first statewide settlement to address the rights of people with disabilities to receive state funded employment and daytime services in the broader community, rather than in segregated sheltered workshops and facility-based day programs.  Approximately 450,000 people with I/DD across the country spend their days in segregated sheltered workshops or in segregated day programs.   The agreement significantly advances the department's work to enforce the Supreme Court's decision in Olmstead v. L.C, which requires persons with I/DD be served in the most integrated setting appropriate .

As a result of the settlement, 2,000 Rhode Islanders with I/DD who are currently being served by segregated programs will have opportunities to work in real jobs at competitive wages.   Additionally, over the next ten years, 1,250 students with I/DD will receive services to help transition into the workforce.

“Today’s agreement will make Rhode Island a national leader in the movement to bring people with disabilities out of segregated work settings and into typical jobs in the community at competitive pay,” said Acting Assistant Attorney General Jocelyn Samuels for the Civil Rights Division.   “As Rhode Island implements the agreement over the next ten years, it will make a dramatic difference in the lives of people with disabilities, businesses and communities across the state.   We congratulate Governor Chafee and state officials for signing this agreement, as we believe that Rhode Island will be a model for the nation with respect to integrated employment for people with disabilities.”

“The filing of today’s consent decree is a critically important event in Rhode Island history,” said U.S. Attorney Peter F. Neronha for the District of Rhode Island.  “It ushers in a new day of opportunity – opportunity for Rhode Island residents with intellectual or developmental disabilities to live, work and spend their recreational time alongside their fellow Rhode Islanders.  It is an opportunity for this State to move forward; to recognize, finally, that we are better, stronger, when all of us – all of us –are interwoven in the fabric that is Rhode Island.”


Under the agreement, Rhode Island has agreed to provide:

·       Supported employment placements that are individual, typical jobs in the community, that pay at least minimum wage, and that offer employment for the maximum number of hours consistent with the person’s abilities and preferences, amounting to an average of at least 20 hours per week across the target population;
·       Supports for integrated non-work activities for times when people are not at work including mainstream educational, leisure or volunteer activities that use the same community centers, libraries, recreational, sports and educational facilities that are available to everyone;
·       Transition services for students with I/DD, to start at age 14, and to include internships, job site visits and mentoring, enabling students to leave school prepared for jobs in the community at competitive wages;
·       Significant funding sustained over a ten year period that redirects funds currently used to support services in segregated settings to those that incentivize services in integrated settings.

The ten year agreement will allow the state to ensure that the services necessary to support individuals with I/DD in competitive, integrated jobs will not disappear with a change in administration or legislative leadership.   As a result of this commitment, the business community has already stepped up to partner with the state.   The U.S. Business Leadership Network (USBLN), a network of Fortune 500 companies, and Walgreens will co-host a regional business summit in Rhode Island in June 2014 to explore how to improve those partnerships.

The agreement is the result of an ADA investigation that began in January 2013 into Rhode Island’s day activity service system for people with I/DD.   The department, the state, and the City of Providence entered into an interim settlement agreement in June 2013.   The interim settlement agreement focused on a single provider, which was one of the largest facility-based employment service providers in the state’s system, and a school-based sheltered workshop at a Providence, R.I., high school, which was a point of origin for many people entering the provider’s workshop.

The department continued its investigation of the statewide system, and in January 2014 issued findings determining that the statewide system over-relied on segregated services, to the exclusion of integrated alternatives, in violation of the ADA.   The department found workers with I/DD in settings where they had little or no contact with persons without disabilities, and where they earned an average wage of $2.21 per hour.   The investigation found that workers typically remain in such settings for many years, and sometimes decades.   The department also found that students in Rhode Island schools were often not presented with meaningful choices to participate in integrated alternatives, such as integrated transition work placements and work-based learning experiences, which put students at serious risk of unnecessary postsecondary placement in segregated sheltered workshops and facility-based day programs.

Since June 2013, the state and city have provided supported employment services to people with I/DD transitioning from the original two facilities covered by the interim settlement agreement.   Many of these individuals have now accessed jobs in typical work settings where they can interact with non-disabled coworkers and customers, and enjoy the same employment benefits as their non-disabled peers.  Individuals have secured jobs at both locally owned and national companies. Because of the interim settlement agreement, Pedro , an individual who transitioned from the in-school sheltered workshop to the adult workshop, where he earned just 48 cents an hour, is now making minimum wage working at a restaurant.   Peter , another former sheltered workshop employee who was earning approximately $1.50 per hour, now has a job earning more than minimum wage working for the state as a custodian at a hospital.  Louis has gone from earning sub-minimum wages performing rote tasks at the sheltered workshop to a full-time position at a state hospital, where he uses his strong computer skills and passion for mathematics to generate Excel reports, record time sheets, and complete other office tasks.

VIRTUAL CHARTER SCHOOL ENTERS AGREEMENT TO COMPLY WITH AMERICANS WITH DISABILITY ACT

FROM:  U.S. EDUCATION DEPARTMENT 
U.S. Department of Education Announces Resolution of South Carolina Virtual Charter Schools Civil Rights Investigation
MARCH 20, 2014
Contact:   Press Office, (202) 401-1576, press@ed.gov 

The U.S. Department of Education announced today that its Office for Civil Rights (OCR) has entered into an agreement with South Carolina Charter School District to ensure compliance with Section 504 of the Rehabilitation Act of 1972 and Title II of the Americans with Disabilities Act for students with disabilities in the District.

OCR initiated a compliance review in 2013 to assess whether the seven Internet-based public charter schools that serve more than 8,700 students who live throughout the state of South Carolina provide equal access to persons with disabilities, including students and parents. Specifically, OCR's investigation sought to determine whether persons with disabilities had an equal opportunity to access each school's website and online learning environment.

"All persons—with and without disabilities—must be able to obtain school information on a full, equal and independent basis. This agreement will ensure that persons with disabilities are afforded equal access to the District's internet-based public charter schools and any future District schools that will provide all or a portion of instruction via the internet," said Catherine E. Lhamon, Assistant Secretary for Civil Rights. "I commend the South Carolina Charter School District for addressing these issues as part of its agreement with OCR."

OCR determined that the schools' websites and online learning environments were not readily accessible to persons with disabilities, including those who required assistive technology to access the Internet. The most frequent concerns were lack of alternative text attributes on buttons, especially on video controls; lack of synchronized captioning; inaccessible PDFs; and animations that were not fully labeled. Additionally, some materials provided by third party vendors were inaccessible. These problems prevent persons with disabilities, particularly those with visual, hearing, or manual impairments, or who otherwise require the use of assistive technology to access the website or the online learning environment in an equally effective and equally integrated manner as persons without a disability.

South Carolina Charter School District is the local educational agency for 24 charter schools in South Carolina. Seven of these schools are Internet-based and deliver instruction completely online. These schools include Palmetto State e-Cademy, Provost Academy South Carolina, South Carolina Virtual Charter School, South Carolina Calvert Academy, South Carolina Connections Academy, South Carolina Whitmore School, and Cyber Academy of South Carolina.

Under the agreement, the District will ensure that all websites and on-line learning environments are accessible to persons with disabilities, including those who use assistive technology to access the internet. The agreement provides that:

The District will create a web accessibility committee to direct resources and provide technical assistance as schools work to ensure web accessibility.
The District will develop and implement an accessibility policy that requires all schools that provide instruction via the internet to be readily accessible and useable.

Each school will develop and implement a detailed accessibility plan to ensure that all programs and activities meet the standards in the accessibility policy, including recruiting material, online textbooks, mobile applications, testing, resources for parent/guardians, and audio and video recording recasts.
Each school will regularly complete an accessibility report that measures the school's compliance with the accessibility policy and will submit audit reports annually that describe steps taken to maintain the website's accessibility, as well as steps taken to ensure that new programs and content are accessible.
The District will develop and provide training on how to ensure accessible web design and implementation.

The District will certify to OCR that the District meets the requirements of the accessibility policy.

OCR will closely monitor the District's implementation of the agreement.

JUSTICE, CHILD CARE CENTER SETTLE AMERICANS WITH DISABILITIES (ADA) CASE

FROM:  U.S. JUSTICE DEPARTMENT 
Wednesday, November 27, 2013

Justice Department Reaches Agreement with Oklahoma Child Care Center to Ensure Equal Rights for Children with Disabilities
The Justice Department announced today that it has reached a settlement with Camelot Child Development Center of Oklahoma City and Edmond, Okla., under the Americans with Disabilities Act (ADA).  The settlement resolves allegations that Camelot violated the ADA by prohibiting a child with Down syndrome from field trips, and threatening to expel her, because of her developmental delays.  Because the child is not fully toilet-trained, she wears pull-up diapers and requires help with toileting.  Camelot provides toileting assistance to younger children, but Camelot refused to provide such assistance to the child with Down syndrome during field trips.  As a result, the child could not join in these outings with the other children.  In addition, at one point, Camelot threatened to expel the child because of her need for toileting assistance.

Title III of the ADA prohibits discrimination on the basis of disability in child care centers.  Under the ADA, child care centers must make reasonable modifications to their policies, practices or procedures when necessary to provide equal access to a child with a disability, unless a modification would fundamentally alter the nature of the goods and services.  Personal services, such as diapering or toileting assistance, may be required for children who need it due to a disability, regardless of age, when such personal services are provided to other children.

Camelot worked cooperatively with the Justice Department throughout the investigation to change its policies to ensure the center will treat children with disabilities fairly and equally.  Under the agreement, Camelot will also pay $3,000 to the family and provide one full year of child care services free of charge to compensate the child and the mother for the harm they have endured as a result of Camelot’s actions.  In addition, Camelot will train its staff on the ADA and develop and implement an anti-discrimination policy.  The department will monitor Camelot’s compliance for three years.

“Equal access to school and after-school programs is essential to children and parents across the country,” said Acting Assistant Attorney General Jocelyn Samuels for the Civil Rights Division.  “School and after-school programs allow children with disabilities to learn and play with their peers and develop important social skills.  The Civil Rights Division takes disability discrimination in child care settings very seriously and will not allow the exclusion of children with developmental delays.”

“Children are our most valuable resource and must be afforded equal opportunities to grow, learn, and develop,” said U.S. Attorney Sanford C. Coats.  “The Americans with Disabilities Act ensures that a child with a disability has the same access to those opportunities as a child who is not disabled.”

DOJ FILES LAWSUIT OVER ALLEGED RETALIATION AGAINST A DEAF COUPLE

FROM:  U.S. DEPARTMENT OF JUSTICE
Monday, July 29, 2013
Department of Justice Files Lawsuit Against Vero Beach, Fla. Doctor and Medical Practice for Retaliating Against Deaf Couple

The Department of Justice announced today that it has filed a lawsuit against Dr. Hal Brown and Primary Care of the Treasure Coast of Vero Beach, Fla. (PCTC), alleging that the doctor and the medical practice violated the Americans with Disabilities Act by discriminating against Susan and James Liese, who are deaf. The complaint alleges that the doctor and the practice violated the ADA by retaliating against Mr. and Mrs. Liese because they engaged in activities protected under the act.  The suit was filed in the U.S. District Court for the Southern District of Florida in Ft. Pierce.

According to the Justice Department’s complaint, the doctor and medical practice terminated Mr. and Mrs. Liese as patients because the couple pursued ADA claims against a hospital for not providing effective communication during an emergency surgery.  The hospital is located next door to and affiliated with PCTC.  The complaint alleges that the Lieses threatened the hospital with an ADA suit based on failure to provide sign language interpreter services, and upon learning of the lawsuit, PCTC and Dr. Brown, who was the Liese’s primary doctor at PCTC, immediately terminated the Lieses as patients.

“The Department of Justice is committed to enforcing the provisions of the ADA that protect an individual from retaliation when he or she opposes disability discrimination and prohibit interference with an individual in the exercise of rights granted by the ADA,” said Jocelyn Samuels, Acting Assistant Attorney General for the Civil Rights Division.  “A person cannot be terminated as a patient because he or she asserts the right to effective communication at a hospital.”

The enforcement of the ADA is a top priority of the Justice Department’s Civil Rights Division.  The ADA prohibits retaliation against an individual because they oppose an act that is unlawful under the ADA and because they made a charge, testified, assisted or participated in any manner in an investigation, proceeding or hearing under the ADA.  The ADA also makes it unlawful to coerce, intimidate, threaten or interfere with any individual exercising their rights protected by the ADA.

DOJ SETTLES WITH CHILDREN'S CENTER OVER ALLEGED AMERICANS WITH DISABILITIES ACT VIOLATIONS

FROM: U.S. DEPARTMENT OF JUSTICE
Wednesday, April 17, 2013
Justice Department Settles with Apple Tree Children’s Center in Norwalk, Iowa

The Justice Department announced today that it reached a settlement with Apple Tree Children’s Center of Norwalk, Iowa, to remedy alleged violations of the Americans with Disabilities Act (ADA). The agreement resolves allegations that Apple Tree Children’s Center failed to ensure that children with disabilities, including children with Down syndrome, have a full and equal opportunity to participate in and benefit from its private pre-school programs.

Under the settlement agreement, Apple Tree Children’s Center will pay $2,500 to the child’s parents and will make reasonable modifications in policies, practices and procedures to ensure that its programs and services are accessible to children with disabilities. Apple Tree will also provide training on its obligations under Title III of the ADA to all staff who participate in the admissions process, enrollment decisions and consideration of requests for reasonable modifications of any of its policies, practices or procedures. In addition, Apple Tree will designate a staff member as its ADA compliance officer to ensure its compliance with Title III of the ADA and to review proposed decisions to exclude children with disabilities from enrollment or proposed denials of any requested reasonable modifications.

"Children with disabilities, including those with Down syndrome, have the right to full and equal participation in pre-school educational programs. The department is committed to upholding civil rights for all people with disabilities," said Eve Hill, Senior Counselor to the Assistant Attorney General for the Civil Rights Division.

The ADA requires that public accommodations, including pre-school programs, provide children with disabilities, including those with Down syndrome, full and equal enjoyment of the public accommodation’s goods, services and facilities.

JUSTICE SETTLES LAWSUIT WITH DENTAL SCHOOL OVER EXCLUSION OF HEPATITIS B INFECTED APPLICANTS

FROM: U.S. JUSTICE DEPARTMENT

Tuesday, March 5, 2013
Justice Department Settles with the University of Medicine and Dentistry of New Jersey Over Discrimination Against People with Hepatitis B

The Justice Department announced today that it has reached a settlement with the University of Medicine and Dentistry of New Jersey School (UMDNJ) under the Americans with Disabilities Act (ADA). The settlement resolves complaints that the UMDNJ School of Medicine and the UMDNJ School of Osteopathic Medicine unlawfully excluded applicants because they have hepatitis B. This is the first ADA settlement ever reached by the Justice Department on behalf of people with hepatitis B.

In 2011, the two applicants in this matter applied and were accepted to the UMDNJ School of Osteopathic Medicine, and one of them was also accepted to the UMDNJ School of Medicine. The schools later revoked the acceptances when the schools learned that the applicants have hepatitis B. The Justice Department determined that the schools had no lawful basis for excluding the applicants, especially because students at the schools are not even required to perform invasive surgical procedures, and that the exclusion of the applicants contradicts the Centers for Disease Control and Prevention’s (CDC) updated guidance on this issue.

According to the CDC’s July 2012 "Updated Recommendations for Preventing Transmission and Medical Management of Hepatitis B Virus (HBV) – Infected Health Care Workers and Students," no transmission of Hepatitis B has been reported in the United States from primary care providers, clinicians, medical or dental students, residents, nurses, or other health care providers to patients since 1991.

"Excluding people with disabilities from higher education based on unfounded fears or incorrect scientific information is unacceptable," said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. "We applaud the UMDNJ for working cooperatively with the Justice Department to resolve these matters in a fair manner."

"It is especially important that a public institution of higher learning – especially one with a mission to prepare future generations of medical professionals – strictly follow the laws Congress has enacted to protect from discrimination those people who have health issues," said U.S. Attorney for the District of New Jersey Paul Fishman. "The remedies to which the school has agreed should ensure this does not happen again."

Under the settlement agreement, the UMDNJ must adopt a disability rights policy that is based on the CDC’s Hepatitis B recommendations, permit the applicants to enroll in the schools, provide ADA training to their employees and provide the applicants a total of $75,000 in compensation and tuition credits.

Both of the applicants in this matter come from the Asian American Pacific Islander community. The CDC reports that Asian American Pacific Islanders (AAPIs) make up less than 5 percent of the total population in the United States, but account for more than 50 percent of Americans living with chronic Hepatitis B. Nearly 70 percent of AAPIs living in the United States were born, or have parents who were born, in countries where hepatitis B is common. Most AAPIs with Hepatitis B contracted Hepatitis B during childbirth . The Civil Rights Division is committed to ensuring that this community is not subjected to discrimination because of disability.

Title II of the ADA prohibits state and local government entities, like the UMDNJ, from discriminating against individuals with disabilities in programs, services, and activities. State and local governments must also make reasonable modifications in policies, practices, and procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless those modifications would result in a fundamental alteration.

EDUCATION DEPARTMENT CLARIFIES OBLIGATIONS OF SCHOOLS TO OFFER EXTRACURRICULAR ATHLETICS TO DISABLIED STUDENTS

FROM: U.S. DEPARTMENT OF EDUCATION
U.S. Department of Education Clarifies Schools' Obligation to Provide Equal Opportunity to Students with Disabilities to Participate in Extracurricular Athletics

Today, the Department's Office for Civil Rights issued guidance clarifying school districts' existing legal obligations to provide equal access to extracurricular athletic activities to students with disabilities. In addition to explaining those legal obligations, the guidance urges school districts to work with community organizations to increase athletic opportunities for students with disabilities, such as opportunities outside of the existing extracurricular athletic program.

Students with disabilities have the right, under Section 504 of the Rehabilitation Act, to an equal opportunity to participate in their schools' extracurricular activities. A 2010 report by the U.S. Government Accountability Office found that many students with disabilities are not afforded an equal opportunity to participate in athletics, and therefore may not have equitable access to the health and social benefits of athletic participation.

"Sports can provide invaluable lessons in discipline, selflessness, passion and courage, and this guidance will help schools ensure that students with disabilities have an equal opportunity to benefit from the life lessons they can learn on the playing field or on the court," said Education Secretary Arne Duncan.

The guidance letter provides examples of the types of reasonable modifications that schools may be required to make to existing policies, practices, or procedures for students with intellectual, developmental, physical, or any other type of disability. Examples of such modifications include:
The allowance of a visual cue alongside a starter pistol to allow a student with a hearing impairment who is fast enough to qualify for the track team the opportunity to compete.
The waiver of a rule requiring the "two-hand touch" finish in swim events so that a one-armed swimmer with the requisite ability can participate at swim meets.
The guidance also notes that the law does not require that a student with a disability be allowed to participate in any selective or competitive program offered by a school district, so long as the selection or competition criteria are not discriminatory.

"Participation in extracurricular athletics can be a critical part of a student's overall educational experience, said Seth Galanter, acting assistant secretary for the Office for Civil Rights (OCR). "Schools must ensure equal access to that rewarding experience for students with disabilities."

The mission of the Office for Civil Rights ("OCR") is to ensure equal access to education and to promote educational excellence throughout the nation through the vigorous enforcement of civil rights. Among the federal civil rights laws OCR is responsible for enforcing are Title VI of the Civil Rights Act of 1964; Title IX of the Education Amendment Act of 1972; Section 504 of the Rehabilitation Act of 1973; and Title II of the Americans with Disabilities Act.

FOOD ALERGIES AGREEMENT SIGNED BETWEEN U.S. JUSTICE AND LESLEY UNIVERSITY

FROM:  U.S. DEPARTMENT OF JUSTICE
Thursday, December 20, 2012

Justice Department and Lesley University Sign Agreement to Ensure Meal Plan Is Inclusive of Students with Celiac Disease and Food Allergies

The Justice Department today announced an agreement with Lesley University in Cambridge, Mass., to ensure that students with celiac disease and other food allergies can fully and equally enjoy the university’s meal plan and food services in compliance with the Americans with Disabilities Act (ADA).

Food allergies may constitute a disability under the ADA. Individuals with food allergies may have an autoimmune response to certain foods, the symptoms of which may include difficulty swallowing and breathing, asthma and anaphylaxis. For example, celiac disease, which is triggered by consumption of the protein gluten (found in foods such as wheat, barley and rye), can cause permanent damage to the surface of the small intestines and an inability to absorb certain nutrients, leading to vitamin deficiencies that deny vital nourishment to the brain, nervous system, bones, liver and other organs. Celiac disease affects about 1 in 133 Americans.

"By implementing this agreement, Lesley University will ensure students with celiac disease and other food allergies can obtain safe and nutritional food options," said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. "The agreement ensures that Lesley’s meal program is attentive to the schedules and demands of college students with food allergies, an issue colleges and universities across the country need to consider."

Under the settlement, Lesley University agrees to amend its policies and practices to:

· Continually provide ready-made hot and cold gluten- and allergen-free food options in its dining hall food lines;

· Develop individualized meal plans for students with food allergies, and allow those students to pre-order allergen free meals, that can be made available at the university’s dining halls in Cambridge and Boston;

· Provide a dedicated space in its main dining hall to store and prepare gluten-free and allergen-free foods and to avoid cross-contamination;

· Enable students to request food made without allergens, and ensure that a supply of allergen-free food is available;

· Work to retain vendors that accept students’ prepaid meal cards that offer food without allergens;

· Display notices concerning food allergies and identify foods containing specific allergens;

· Train food service and University staff about food allergy related issues;

· Pay $50,000 in compensatory damages to previously identified students who have celiac disease or other food allergies.

The settlement agreement was reached under the ADA, which prohibits discrimination against individuals with disabilities by public accommodations, including colleges and universities, in their full and equal enjoyment of goods, services, and facilities.

U.S. JUSTICE DEPARTMENT JOINS ADA LAWSUIT AGAINST LAW SCHOOL ADMISSION COUNCIL

FROM:   U.S. DEPARTMENT OF JUSTICE

Thursday, September 6, 2012
Justice Department Seeks to Intervene in Lawsuit Against Law School Admission Council to Protect Rights of Individuals with Disabilities

The Justice Department announced today 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 lawsuit, The Department of Fair Employment and Housing v. LSAC, Inc., et al., charges LSAC with widespread and systemic deficiencies in the way it processes requests by people with disabilities for testing accommodations for the Law School Admission Test (LSAT). As a result, the lawsuit alleges, LSAC fails to provide accommodations where needed to best ensure that those test takers can demonstrate their aptitude and achievement level rather than their disability.

The department’s proposed complaint identifies additional victims of LSAC’s discriminatory policies and details LSAC’s routine denial of accommodation requests, even in cases where applicants have submitted thorough supporting documentation from qualified professionals and demonstrated a history of testing accommodations.

The department further alleges that LSAC discriminates against prospective law students with disabilities by unnecessarily "flagging" test scores obtained with certain testing accommodations in a way that identifies the test taker as a person with a disability and discloses otherwise confidential disability-related information to law schools during the admissions process. LSAC’s practice of singling out persons with disabilities by flagging their scores – essentially announcing to law schools that examinees who exercise their civil right to the testing accommodation of extended time may not deserve the scores they received – is discrimination prohibited by the ADA. The department’s proposed complaint seeks declaratory and injunctive relief, compensatory damages and a civil penalty against LSAC.

"Credentialing examinations, such as the LSAT, are increasingly the gateway to educational and employment opportunities, and the ADA demands that each individual with a disability have the opportunity to fairly demonstrate their abilities so they can pursue their dreams," said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. "The Justice Department’s participation in this action is critical to protecting the public interest in the important issues raised in this case."

One of the victims identified in the complaint, for example, has severe visual impairments and previously received special education services at a school for people who are blind. Even though she provided LSAC with extensive medical documentation of her conditions, as well as proof that she had received testing accommodations since kindergarten, LSAC denied nearly all her requested accommodations, and even refused to provide her a large print test book. When she tried to appeal the denial, LSAC informed her that she had missed the deadline for reconsideration. She then reapplied two more times for testing accommodations, resubmitting all the information previously provided to LSAC, as well as additional medical documentation. Despite her extensive history of receiving the very same testing accommodations throughout her educational career and on standardized tests, and in disregard of the recommendations of a qualified professional, LSAC refused her requested testing accommodations on three separate occasions.

"The action taken in this case demonstrates the U.S. Attorney’s Office’s commitment to ensuring equal access to educational opportunities for everyone," said U.S. Attorney Melinda Haag, U.S. Attorney for the Northern District of California.

Title III of the ADA prohibits discrimination on the basis of disability by public accommodations and by entities that offer examinations or courses related to applications, licensing, certification, or credentialing for secondary or postsecondary education, professional, or trade purposes. The ADA mandates that testing entities administer examinations in an accessible manner. This requires testing entities to administer examinations, such as the LSAT, so as to best ensure that, when the examination is administered to a person with a disability, the examination results accurately reflect his or her aptitude or achievement level, or whatever other factor the examination purports to measure, rather than the individual’s disability. In addition, Title V of the ADA prohibits any entity from coercing, intimidating, threatening, or interfering with an individual’s exercise or enjoyment of a right granted by the ADA.

JUSTICE AND COMMONWEALTH OF VIRGINA SETTLE ADA CASE

FROM: U.S. DEPARTMENT OF JUSTICE

Friday, August 24, 2012

Court Approves Comprehensive Agreement Between US and the Commonwealth of Virginia Regarding the Rights of Individuals with Intellectual and Developmental Disabilities

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.

As the court noted in its order approving the settlement agreement, it "addresses pressing needs" and "dramatically changes the way Virginia provides services to" individuals with developmental disabilities. The settlement agreement will provide relief to more than 5,000 people by expanding community services and supports, including Medicaid-funded home and community-based waivers, crisis services, housing and employment supports and by establishing a comprehensive quality management system. The court further found that the agreement "is completely consonant with the principles set forth in the ADA, as interpreted . . . in Olmstead."

The agreement is court-enforceable, and an independent reviewer with decades of experience will monitor the commonwealth’s compliance with the agreement, meet with the parties and stakeholders, and issue regular reports.

The Justice Department and Virginia submitted the agreement for the court’s approval on Jan. 26, 2012. On March 6, 2012, the court provisionally approved the agreement and solicited public comment on it. After considering hundreds of submittals from a wide range of stakeholders and conducting a day-long hearing on June 8, 2012, the court determined that the agreement was "fair, reasonable, and adequate" with limited modifications. The department and the commonwealth then submitted modifications, and on August 23, 2012, the court formally approved the agreement as modified and entered it as a court order.

"We are pleased that the court, after hearing from thousands of very engaged stakeholders and examining the extensive record, gave final approval to the settlement agreement," said Thomas E. Perez, Assistant Attorney General for Civil Rights. "We commend the commonwealth of Virginia, and particularly the leadership of Governor McDonnell and Secretary Hazel, on the commitment they are already demonstrating to fully implementing the agreement. We also appreciate the deep interest and involvement of stakeholders, including those who have long fought for these changes as well as those who raised concerns."

"We are committed to ensuring that the agreement is implemented fairly on behalf of all Virginians with intellectual and developmental disabilities." said U.S. Attorney for the Eastern District of Virginia Neil H. MacBride.

NORTH CAROLINA SETTLES WITH JUSTICE REGARDING MENTAL HEALTH SYSTEM

FROM: U.S. DEPARTMENT OF JUSTICE

Thursday, August 23, 2012

Justice Department Obtains Comprehensive Agreement Regarding North Carolina Mental Health System

Settlement Will Expand Opportunities for Individuals with Mental Illness, Including Community-based Supported Housing, Ensuring That Necessary Services Are Provided in the Community

The Justice Department announced today that it has entered into an agreement with the state of North Carolina to ensure the state is in compliance with the Americans with Disabilities Act (ADA) and the Rehabilitation Act. The agreement will transform the state’s system for serving people with mental illness. Under the settlement agreement, over the next eight years, North Carolina’s system will expand community-based services and supported housing that promote inclusion and independence and enable people with mental illness to participate fully in community life.

Under the ADA, as interpreted by the Supreme Court’s landmark decision in Olmstead v. L.C., people with disabilities have the right to receive services in the most integrated settings appropriate to their needs. The settlement follows an investigation by the Department of North Carolina’s mental health service system that began in 2010. Since the department’s letter of findings was issued one year ago, in July 2011, the state has worked cooperatively with the department to negotiate an agreement..

"As the Supreme Court noted over a decade ago, the unnecessary segregation of people with disabilities is based on the unsupported assumption that they are unworthy of participating in community life," said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. "This agreement will enable North Carolinians with mental illness to live in community-based settings, enriching their lives and the lives of their neighbors, and recognizing their worth and dignity. I commend Governor Bev Perdue and North Carolina’s Department of Health and Human Services Secretary Al Delia for their leadership, which played a crucial role in making this comprehensive agreement a reality."

Over the next eight years, North Carolina will provide integrated supported housing to 3,000 people, expand Assertive Community Treatment teams to serve 5,000 individuals, and provide a range of crisis services. The agreement will also expand integrated employment opportunities for people with mental illness by providing supported employment services to 2,500 individuals. These services will allow the state to serve people with mental illness effectively in their communities while avoiding costly institutional settings.

"North Carolina has taken an important step towards offering a choice to individuals with mental illness who prefer to live in the community," said Thomas G. Walker, U.S. Attorney for the Eastern District of North Carolina. "The agreement, made possible by the coordinated and cooperative efforts of the state’s executive and legislative branches of government, will ensure that more North Carolinians with mental illness will be able to enjoy integrated lives in their communities."

The agreement calls for a person-centered discharge planning process to help people move smoothly and successfully to community-based settings, while a pre-admission screening process will prevent people from unnecessarily entering institutional settings. Provisions of the agreement will ensure that people discharged from adult care homes designated as Institutions for mental disease are discharged in a safe, coordinated manner.

North Carolina will implement a comprehensive and robust quality assurance and performance improvement monitoring system to ensure that people are safe and are receiving integrated housing, services and supports that meet their needs. Compliance with the agreement will be monitored by an independent reviewer with extensive experience in mental health systems.

The Civil Rights Division enforces the ADA, which authorizes the attorney general to investigate whether a state is serving individuals in the most integrated settings appropriate to their needs. Visit www.justice.gov/crt to learn more about the Olmstead decision, the ADA and other laws enforced by the Justice Department’s Civil Rights Division.

This agreement is due to the efforts of the following Civil Rights Division staff: Alison Barkoff, Special Counsel for Olmstead Enforcement; Gregory Friel, Acting Chief; Anne Raish, Deputy Chief; Regan Rush, Joy Levin Welan, Travis England, and Regina Kline, Trial Attorneys; with support and assistance from Lance Simon.

U.S. JUSTICE DEPARTMENT SETTLES WITH WOODLAKE, CA REGARDING UNLAWFUL PRE-EMPLOYMENT MEDICAL EXAMS

FROM: U.S. JUSTICE DEPARTMENT
The Justice Department announced  that it has reached a settlement with the city of Woodlake, Calif., to resolve allegations that the city engaged in a pattern or practice of discrimination against people with disabilities by requiring applicants for job vacancies to undergo unlawful pre-employment medical examinations before receiving an offer of employment, in violation of the Americans with Disabilities Act (ADA).

The settlement concludes a pattern or practice investigation by the Justice Department based on information that the city of Woodlake was requiring all job applicants to undergo a medical examination as part of the application process, before making an offer of employment. Such pre-offer medical examinations are illegal under the ADA, as they make it easier for employers to discriminate against qualified individuals on the basis of disability in the hiring process. The settlement agreement requires the city to eliminate its current discriminatory policy, to develop and implement a non-discrimination policy and to train staff on the requirements of the ADA.

"This settlement is an important step towards eliminating discrimination against people with disabilities in employment," said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. "We commend the city of Woodlake for working cooperatively with the Justice Department to ensure that their policies and practices comply with federal law and for their commitment to ensuring that people with disabilities are treated equally and fairly in the hiring process."

"We are pleased that the city of Woodlake and the U.S. Department of Justice agreed so quickly on measures that will protect the rights of individuals with disabilities," said U.S. Attorney for the Eastern District of California Benjamin B. Wagner.

The ADA requires that employers, including state and local government entities, not conduct any pre-employment medical examination or inquiry before making an offer of employment. Once a conditional job offer is made, employers may make disability-related inquiries or conduct medical examinations of an applicant if this is done for all entering employees in that job category regardless of disability. Once an employee is hired, employers may only make disability-related inquiries or require medical examinations of an employee if such examination or inquiry is shown to be job-related and consistent with business necessity. The ADA also requires employers not to discriminate against individuals with disabilities in making personnel decisions, including hiring or promoting employees.