Disability Rights Cases
Disability Rights Cases
Cases
| Case Name | Overview | Federal Court | Case Documents |
|---|---|---|---|
| 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. |
Settlement/Consent Decree |
|
| 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. |
Settlement/Consent Decree |
|
| Doe v. Zucker |
On January 10, 2022, the United States filed a Statement of Interest in the case of Doe v. Zucker. The case challenges a New York State regulation limiting admission of individuals with Serious Mental Illness (SMI) into segregated settings called Adult Homes, by alleging that the regulation violates the Fair Housing Act and the Americans with Disabilities Act. The State issued the regulation in conjunction with the United States’ settlement under Title II of the ADA in U.S. v. New York, No. 13-cv-4165 (E.D.N.Y. 2013) and consistent with its Office of Mental Health’s determination that Adult Homes “are not clinically appropriate settings” for individuals with SMI, “nor are they conducive to the rehabilitation or recovery of such persons.” The Statement of Interest explains that the regulation does not violate the Fair Housing Act. |
New York, Northern District |
Statement of Interest |
| 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. |
Settlement/Consent Decree |
|
| 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. |
California, Eastern District |
Settlement/Consent Decree Complaint |
| State of Nevada ex rel. Nevada Department of Corrections |
On June 20, 2016, the Justice Department issued a letter of findings concluding that the Nevada Department of Corrections’ (NDOC) policies and practices for housing and employing inmates with disabilities violate Title II of the Americans with Disabilities Act (ADA). The department found that NDOC’s discriminatory practices have resulted in the illegal segregation and stigmatization of inmates with HIV and the incarceration of inmates with disabilities for longer periods, in more restrictive settings, than inmates without disabilities. On February 11, 2021, the Department of Justice reached an agreement to resolve its findings that NDOC unjustifiably isolated and segregated inmates with HIV, failed to keep their HIV status confidential, and denied them equal employment opportunities, including in food service positions. The agreement also resolves the department’s findings that NDOC denied inmates with disabilities—including mobility disabilities, HIV, and other physical or mental health conditions—classification and housing at lower-custody levels and facilities. At these lower-custody facilities, inmates have the opportunity to participate in various programs and gradually reintegrate back into the community as well as earn additional credits to reduce the lengths of their sentences. Under the agreement, Nevada will amend its policies, practices, and procedures, train NDOC staff and inmates on HIV and disability discrimination, designate statewide and facility-specific ADA Coordinators, and implement an ADA grievance procedure. |
Settlement/Consent Decree Findings of Fact and Conclusions of Law |
|
| Brown University |
On August 10, 2021, the United States executed a settlement agreement with Brown University under Title III of the ADA regarding its leave policies. The agreement will ensure that students with mental health disabilities who take medical leave have equal access to educational programs. Under the agreement, Brown will revise its undergraduate leave policies and practices, provide training on the ADA to faculty and staff, and pay 684,000 to compensate students. |
Settlement/Consent Decree |
|
| E.T. v. Morath |
On September 29, 2021, the United States filed a statement of interest in E.T. v. Morath, No. 1:21-CV-00717 (W.D. Tex.), to address the application of Title II to Texas Executive Order GA-38, which prohibits school districts from imposing mask requirements. The issue in the case is the impact of GA-38 on the plaintiffs—students who allege that their disabilities place them at heightened risk of infection and severe illness from COVID-19 and that GA-38 requires them to choose between returning to in-person learning despite these heightened health risks or leaving the public school system. |
Texas, Western District |
Statement of Interest |
| Volusia County School Board |
On August 2, 2021, the United States executed a settlement agreement with the Volusia County School Board on behalf of the Volusia County School District System (VCS) under Title II of the ADA. The settlement agreement resolved allegations that the district punished students with disabilities for their disability-related behavior and denied them equal access to VCS’ programs and services through unnecessary removals from the classroom. Under the agreement, VCS will revise and implement policies and practices to comply with the ADA, particularly those relating to attendance and removals, discipline, law enforcement involvement, and behavioral interventions and supports, provide staff training on the ADA, retain an outside behavioral supports consultant, and establish an ADA complaint procedure and tracking system. |
Settlement/Consent Decree |
|
| A.V. v. Douglas County School District |
On June 24, 2021, the Department filed a Statement of Interest clarifying that Title II of the Americans with Disabilities Act applies when law enforcement agencies arrest people with disabilities, including when School Resource Officers arrest children with disabilities. Additionally, the Statement of Interest explains how Title II’s reasonable modification requirement applies during School Resource Officers’ interactions with children with disabilities and clarifies that public entities may be liable for the actions of their employees, contractors, and agents under Title II. On May 31, 2022, the Department filed a second Statement of Interest clarifying that under Title II of the Americans with Disabilities Act, a school district is liable for discrimination in its programs, services, or activities even when it provides them through contractual, licensing, or other arrangements. Accordingly, the statement of interest explains that school districts cannot divest themselves of responsibility for the lawful administration of any of their programs by contracting with School Resource Officers, private security guards, or any other contractors. |
Colorado, District of |
Statement of Interest Statement of Interest |