U.S. Department
of Justice
Disability Rights Cases
United States v. Cumberland County, Tennessee
On January 18, 2023, the United States filed its Complaint and proposed Consent Decree to resolve allegations that Cumberland County, Tennessee violated Title I of the Americans with Disabilities Act by denying a corrections officer a reasonable accommodation and constructively discharging/terminating him based on his disability of opioid use disorder. In addition, the County implemented a policy that prevents people who are taking legally prescribed controlled substances or certain medications from having those substances or medications present in their system while at work for the County, thus prohibiting working for the County while taking such medications. Under the Consent Decree, Cumberland County will implement non-discrimination policies and procedures, train its staff on the ADA, and pay a total of $160,000 to the complainant.
U.S. v. Barnet Dulaney Perkins Eye Center, PC
On December 20, 2021, the United States sued Barnet Dulaney Perkins Eye Center, PC (BDP), an optometry and ophthalmology provider with 24 facilities, for violating Title III of the Americans with Disabilities Act by refusing to transfer certain patients with disabilities from wheelchairs onto surgical and exam tables and instead requiring these patients to hire third-party medical support personnel to transport them to and from BDP facilities and to provide transfer assistance at the facilities.
On April 18, 2022, the United States filed an Amended Complaint to add Medical Management Resources Group, L.L.C., d/b/a American Vision Partners Holdings, L.L.C. (AVP) (collectively, Defendants) as a co-defendant. AVP partners with nearly 80 eye care facilities in Arizona, New Mexico, Nevada and Texas including: Southwestern Eye Center, M & M Eye Institute, Retinol Consultants of Arizona, Abrams Eye Institute, Southwest Eye Institute, Aiello Eye Institute, Havasu Eye Center, Visage Aesthetics and Plastic Surgery and Moretsky Cassidy Vision Correction. The Amended Complaint also added allegations that AVP and BDP have also denied eye surgery outright to patients who need transfer assistance.
On January 17, 2023, the United States filed its proposed Consent Decree to resolve allegations that Barnet Dulaney Perkins Eye Center PC and Medical Management Resources Group, L.L.C., d/b/a American Vision Partners Holdings, L.L.C. (collectively, Defendants) violate Title III of the Americans with Disabilities Act. The lawsuit alleges that Defendants' eye care practices discriminate against patients who, because of their disabilities, need assistance transferring from their wheelchairs for eye surgery. The U.S alleges that Defendants required patients with disabilities who needed transfer assistance to use and pay for third party medical transport and transfer assistance as a condition of surgery, in violation of the ADA. Additionally, the U.S. also alleges that Defendants denied eye surgery outright to some patients who needed transfer assistance. This discriminatory practice delayed needed medical care and resulted in significant harms to individuals who need eye surgery. Under the consent decree, Defendants will change their anti-discrimination and transfer assistance policies to provide for transfer assistance at their facilities. They will also train staff on the new policy requirements and on safe transfer techniques and pay $950,000 to patients and prospective patients who were harmed by its policies and a civil penalty of $50,000.
The Town of Greenwich Connecticut
On January 4, 2023, the U.S. Attorney’s Office for the District of Connecticut reached a resolution under Title II of the ADA with the Town of Greenwich, Connecticut, to address physical inaccessibility at the Byram Marina facility. The agreements includes improving the accessibility of designated boat slips, and the routes to those slips, as well as other accommodations designed to increase accessibility.
U.S. v. Ohio Department of Rehabilitation and Correction
On December 22, 2022, the Justice Department filed a lawsuit and the parties entered a consent decree in this suit against the Ohio Department of Rehabilitation and Correction (ODRC) challenging its failure to reasonably accommodate a correctional officer with diabetes under Title I of the Americans with Disabilities Act. The lawsuit, filed in the U.S. District Court for the Northern District of Ohio, alleges that ODRC unlawfully failed to provide the correction officer with a day shift to accommodate his diabetes where it was medically necessary to do so. Under the decree, ODRC will revise its policies and procedures as needed to ensure ADA compliance; provide ADA employment training to employees who make personnel decisions; and report to the United States on its compliance. ODRC will also pay $50,000 in damages to the complainant and provide him with a day shift as a reasonable accommodation for his diabetes unless if become an undue hardship to do so.
New Jersey Transit Corporation
On December 22, 2022, the U.S. Attorney’s Office for the District of New Jersey reached a settlement agreement with New Jersey Transit resolving allegations that NJ Transit's paratransit service, Access Link, has capacity constraints that limit service. The agreement requires, among other things, that NJ Transit meet specific performance standards within six months, 12 months, and 24 months for paratransit telephone hold times, timeliness of paratransit trip pickups and drop-offs, paratransit trip length, paratransit trip denials, and paratransit missed trips.
Julie B. Griffiths Law Office
On December 21, 2022, the U.S Attorney’s Office for the Eastern District of Michigan executed a settlement agreement with Julie B. Griffiths Law Office, a small law family practice in Flint, Michigan, under Title III of the ADA regarding failing to provide appropriate auxiliary aids and services to ensure effective communication for an individual who is deaf and uses American Sign Language. The settlement agreement includes adopting and post a policy regarding auxiliary aids and services, implementation of a grievance resolution mechanism for the investigation of complaints regarding effective communication, training staff, written notification to the
Educational Testing Services
On December 19, 2022, the U.S Attorney’s Office for the District of New Jersey reached a settlement agreement under Title III of the Americans with Disabilities Act (ADA) with Educational Testing Service (ETS) regarding multiple allegations by individuals with disabilities (including learning disabilities, ADHD, anxiety, obsessive-compulsive disorder, a vision disabilities) that ETS violated the ADA with respect to its testing accommodations process and procedures. The agreement commits ETS to revised policies, practices, and procedures; train staff and online proctors; and pay compensatory damages to the complainants.
U.S. v. Regents of the University of California
On Nov. 21, 2022, the United States filed its Complaint and proposed Consent Decree to resolve allegations that the Regents of the University of California on behalf of the University of California, Berkeley (collectively, UC Berkeley) violates Title II of the Americans with Disabilities Act. UC Berkeley makes conferences, lectures, sporting events, and other University events available to the public on its websites and other online platforms, including its YouTube and Apple Podcasts channels. It also makes courses available on its UC BerkeleyX platform. The Complaint alleges that much of UC Berkeley's free online content is inaccessible to individuals with hearing, vision, and manual disabilities. Under the Consent Decree, UC Berkeley will make all future and the vast majority of its existing online content accessible to people with disabilities. UC Berkeley will also revise its policies, train personnel, designate a web accessibility coordinator, conduct accessibility testing of its content, and hire an independent auditor. The Consent Decree resolves the Department's findings issued in its letter on August 30, 2016. The court approved the consent decree on December 2, 2022.
New York University
On November 22, 2022, the U.S. Attorney's Office for the Southern District of New York entered into a settlement agreement with New York University pursuant to Title III of the ADA. The settlement agreement resolves a compliance review regarding NYU's appropriate accessible housing at its various campus housing facilities. The agreement increases the accessibility of NYU’s student housing facilities for individuals with disabilities, and covers all of NYU’s student housing facilities in the New York metropolitan area. NYU has agreed to prepare a plan under which it will survey and make alterations to its student housing facilities within five years, update its student housing emergency preparedness plans, and improve the accessibility information related to student housing on its website.
Northwind Inc
On November 14, 2022 the U.S. Attorney's office for the Eastern District of Michigan reached a settlement under Title III of the American's with Disabilities Act with Northwind Investments, Inc. owner and operator of a Burger King restaurant to resolve claims that the restaurant failed to design and construct the facility to be readily accessible to and usable by individuals with disabilities, including the toilet rooms. The agreement includes physical access alterations, annual reports to the Department, and $3,000 in compensatory damages for the individual.
Fayette County Detention Center
On November 4, 2022 the U.S. Attorney’s Office for the Eastern District of Kentucky reached a settlement agreement with the Lexington-Fayette Urban County Government, Division of Community Corrections, under Title II of the ADA, to resolve the allegation that the County prohibits the use by inmates of methadone and buprenorphine, specific medication used to treat Opioid Use Disorder (OUD). The agreement includes adoption of a policy regarding health services for individuals with OUD and review by the Department of the OUD draft policy.
George W. Hill Correctional Facility
On November 1, 2022 the U.S. Attorney’s Office for the Eastern District of Pennsylvania issued a letter of findings based on a Title II American's with Disabilities Act investigation of the George W. Hill Correctional Facility. The investigation found that the correctional facility violated the ADA by excluding an individual with HIV from working in the kitchen. The letter includes measures to remedy the violation including a written policy, designation of an ADA coordinator, modifying the facilities grievance procedures, training of staff, and compensatory damages for the complainant.