U.S. Department
of Justice
Disability Rights Cases
Indiana State Board of Nursing
On March 25, 2022, the United States found that the Indiana State Board of Nursing violated Title II of the ADA by prohibiting the use of disability-related medication to treat opioid use disorder (OUD) by nurses enrolled in the Indiana State Nursing Assistance Program. Participation in the program, which assists in the rehabilitation of and monitors nurses recovering from drug or alcohol addiction, is in many cases required for nurses recovering from addiction to maintain, or have reinstated, an active nursing license necessary for employment.
On September 1, 2022, the United States reached an agreement to resolve its findings that the Nursing Board violated Title II of the ADA. The Nursing Board has agreed to permit nurses to participate, on equal terms, in the states’ rehabilitation program while taking medication, including medication to treat OUD, when the medication is prescribed by a licensed practitioner as part of a medically necessary treatment plan and incorporated into a recovery monitoring agreement. The Nursing Board has also agreed to pay damages to the complainant, and to report periodically on its compliance to the United States.
Goochland Powhatan Community Services
Goochland and Powhatan Counties, Virginia, failed to provide auxiliary aids and services, including a qualified sign language interpreter, to ensure effective communication with an individual who is deaf. The agreement includes adoption of a model assessment of communication needs, designation of an ADA Coordinator and ADA Deputy Coordinator, training staff, maintenance of an auxiliary aid and service log, implementation of a grievance resolution mechanism for the investigation of complaints regarding effective communication, notice of the new policy to the community, six-month reports to the Department, and written notification to the Department of future complaints.
Next Step Healthcare LLC
On April 28, 2022 the U.S. Attorney’s Office for the District of Massachusetts reached a settlement agreement with Next Step Healthcare LLC., under Title III of the ADA, to resolve the allegation that the complainant was discriminated against in their application for admission to the facility based on the use of medications for Opioid Use Disorder. The agreement includes adoption of a non-discrimination policy, training of staff, written notification to the Department of future complaints, and $92,383.00 as a civil penalty.
U.S. v. Jamaluddin
On January 14, 2021 the United States filed a complaint in this suit alleging that an obstetrician-gynecologist (OB/GYN) doctor refused to provide routine medical care to a patient on the basis of her HIV status, in violation of Title III of the Americans with Disabilities Act (ADA). On February 17, 2022 the United States filed a consent decree which requires the doctor to pay $37,500 to the complainant and a $5,000 civil penalty, take (and provide her staff with) training on the ADA and the OB/GYN care of patients with HIV, implement a non-discrimination policy, and provide reports to the department. The court entered the consent order on March 23, 2022.
U.S. v. Anucha
On January 14, 2021, the United States filed a lawsuit alleging that an obstetrician-gynecologist (OB/GYN) doctor refused to provide routine medical care to a patient on the basis of her HIV status, in violation of Title III of the Americans with Disabilities Act (ADA).
On February 17, 2022 the United States filed a consent decree which requires the doctor to pay $37,500 to the complainant and a $5,000 civil penalty, take (and provide his staff with) training on the ADA and the OB/GYN care of patients with HIV, implement a non-discrimination policy, and provide reports to the department. The court entered the consent decree on February 23, 2022.
Meijer, Inc
On February 2, 2022, the United States executed a settlement agreement with Meijer, Inc., a supermarket chain, under Title III of the ADA regarding the accessibility of its vaccine registration website. The agreement will ensure that people with disabilities (including those with vision disabilities who use screen readers and those who have difficulty using a mouse) can privately and independently get information about COVID-19 vaccinations and book their vaccination appointments online. Under the agreement, Meijer will make content about the COVID-19 vaccine, including the forms for scheduling an appointment to get the vaccine, conform to the Web Content Accessibility Guidelines (WCAG), Version 2.1, Level AA.
The Kroger Co
On January 28, 2022, the United States executed a settlement agreement with The Kroger Co., a grocery store chain, under Title III of the ADA regarding the accessibility of its vaccine registration website. The agreement will ensure that people with disabilities (including those with vision disabilities who use screen readers) can privately and independently get information about COVID-19 vaccinations and book their vaccination appointments online. Under the agreement, Kroger will make content about the COVID-19 vaccine, including the forms for scheduling an appointment to get the vaccine, conform to the Web Content Accessibility Guidelines (WCAG), Version 2.1, Level AA.
AdventHealth-Gordon
On January 4, 2022, the United States entered an agreement under Title III of the Americans with Disabilities Act with AdventHealth Gordon to resolve allegations that the hospital failed to provide a patient and companion an American Sign Language Interpreter, or any other auxiliary aid or service during the birth of the patient's child.
The Oaks
On December 22, 2021 the U.S Attorney’s Office for the District of Massachusetts reached a resolution under Title III of the ADA that The Oaks, a nursing facility, discriminated against an individual taking a type of medication to treat opioid use disorder (OUD). The agreement includes adoption of a non-discrimination policy, training of staff, review by the Department of any relevant policies or procedures, create and maintain a log of referred individuals with OUD, annual reports to the Department, written notification to the Department of future complaints, and $5,000 as a civil penalty.
Rite Aid Corporation
On November 1, 2021, the United States executed a settlement agreement with Rite Aid Corporation, a pharmacy chain, under Title III regarding the accessibility of its vaccine registration website. The agreement will ensure that people with disabilities (including those with vision disabilities who use screen readers and those who have difficulty using a mouse) can privately and independently get information about COVID-19 vaccinations and book their vaccination appointments online. Under the agreement, Rite Aid will make content about the COVID-19 vaccine, including the forms for scheduling an appointment to get the vaccine, conform to the Web Content Accessibility Guidelines (WCAG), Version 2.1, Level AA.
Kaiser Foundation Health Plan of Washington
On October 15, 2021, the United States (through the U.S. Attorney's Office for the Western District of Washington) reached a resolution of allegations from several complainants that a healthcare system in Washington repeatedly failed to provide interpreters to patients who are deaf or deaf-blind, as well as evidence of systemic failures to provide interpreters when necessary, leading patients to delayed care and problems with communication. Such failures create a major barrier to safe and appropriate medical care. The agreement includes a $1 million fund to pay claims to those patients whose rights were violated. The healthcare system also agrees to update and improve procedures for evaluating the need for interpreters, contracting with interpreters, and training staff surrounding those procedures. Under the settlement some of the changes include: consistent screening of patients for the need of interpreter services; contracting with two interpreter services companies per facility to better provide services; contracting with video interpreter services for those occasions when in-person interpretation is not possible. The healthcare system also agreed to pay a $85,000 civil penalty.
Hebrew Senior Life
On September 27, 2021 the U.S. Attorney’s Office for the District of Massachusetts resolved an allegation under Title III of the ADA that a health care provider refused to provide medical services to an individual with opioid use order (OUD). The agreement includes adoption of a non-discrimination policy, training of staff, create and maintain logs of prospective patients with OUD, and $15,000 as a civil penalty.