Disability Rights Cases

Disability Rights Cases

Cases

Displaying 1 - 33 of 33
Case Name Overview Federal Court Case Documents
State of Illinois v CSL Plasma, Inc. and CSL Behring, LLP

On May 17, 2022, the Department filed a Statement of Interest clarifying that blood plasma donation centers are “public accommodations” under Title III of the ADA.

Illinois, Northern District
Statement of Interest
Gomez v. CSL Plasma, Inc.

On July 14, 2021, the Department filed a Statement of Interest clarifying that blood plasma donation centers are “public accommodations” under Title III of the ADA.

Illinois, Northern District
Statement of Interest
Julian Vargas and American Council of the Blind v. Quest Diagnostics Clinical Laboratories, Inc. et al.

On September 20, 2021, the Department filed a Statement of Interest clarifying that Title III of the Americans with Disabilities Act requires that public accommodations provide auxiliary aids and services so that individuals with disabilities can fully and equally enjoy all of their services.  Defendants provide healthcare and diagnostic testing services and require patients to use an electronic, self-service kiosk to check in, input personal information, choose where to wait, and perform other tasks.  No staff are allegedly present in the check-in area, so patients with vision impairments must ask strangers for assistance or bring companions.  The Statement of Interest explains that Title III prohibits public accommodations from treating individuals with disabilities differently because of the absence of auxiliary aids and services, including failing to provide effective communication with regards to services offered through visual and electronic means like the self-service kiosks.  Additionally, the Statement of Interest explains that the Title III regulation, 28 C.F.R. § 36.307 (which states that a public accommodation need not alter its inventory to include accessible or special goods), applies only to the goods and inventory of a public accommodation and not its services, such as the services provided through the self-service kiosks.

California, Central District
Statement of Interest
Migyanko v. Aimbridge Hospitality, LLC

On June 7, 2021, the Department filed a Statement of Interest to clarify that where an alleged barrier, the height of a hotel bed, is not addressed by the ADA Standards, the ADA’s general nondiscrimination provisions under Title III still apply, including making reasonable modifications where necessary to provide goods and services to people with mobility disabilities.  

Pennsylvania, Western District
Statement of Interest
Care Realty, LLC

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 $10,000 as a civil penalty.  

Settlement/Consent Decree
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. 

Press Release

Settlement/Consent Decree
Ikonik Ink Tattoo

In May 2022, the U.S. Attorney's Office of Colorado reached an agreement with Ikonik Ink Tattoo in Colorado to resolve an allegation under Title III of the ADA that the tattoo shop refused to provide services to an individual with HIV. The agreement includes adoption of a non-discrimination policy, training of staff, maintaining a log and tracking each time a customer discloses HIV status, annual reports to the Department, and $4,400 in compensatory damages for the individual. 

Settlement/Consent Decree
Helping Hands Caregivers LLC

On September 15, 2022 the U.S. Attorney’s Office for the Eastern District of Wisconsin reached a settlement agreement under Title III of the ADA with Helping Hands Caregivers LLC to resolve allegations that the company refused to provide in-home caregiving services to an individual with HIV.  The agreement includes adoption of a non-discrimination policy, training of staff, written notification to the Department of future complaints, and $10,000 in compensatory damages for the individual.

Settlement/Consent Decree
LA Nail Spa

On June 7, 2022 the U.S. Attorney’s Office for the Eastern District of Louisiana reached a settlement agreement under Title III of the ADA with LA Nail Spa to resolve an allegation that an individual was refused services because of the inability to transfer out of their wheelchair. The agreement includes adopting a non-discrimination policy, maintaining a record of each modification request, notifying the United States of any disability discrimination complaints, and paying $500 to the complainant as compensatory damages.

Settlement/Consent Decree
Diva Nails

On June 16, 2021, the United States entered a settlement agreement resolving an allegation that a nail salon in Durham, North Carolina, refused to provide services to an individual with HIV, in violation of Title III of the ADA.  The agreement includes adoption of a non-discrimination policy, training of staff, review by the Department of any relevant policies or procedures, annual reports to the Department, written notification to the Department of future complaints, and $7,500 in compensatory damages for the individual. 

Settlement/Consent Decree
Wingate Healthcare Inc

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 $10,000 as a civil penalty.    

Press Release

Settlement/Consent Decree
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.  

Press Release

Settlement/Consent Decree
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.

Settlement/Consent Decree
United States v. Uber Technologies, Inc.

On November 10, 2021, the United States filed a complaint under Title III of the ADA challenging Uber’s practice of charging “wait time” fees to passengers who, because of disability, take longer than two minutes to get in their Uber car. Passengers with disabilities may need additional time to enter a car for various reasons. A passenger may, for example, use a wheelchair or walker that needs to be broken down and stored in the car. Or a passenger who is blind may need additional time to safely walk from the pickup location to the car itself. If you believe you have been a victim of disability discrimination by Uber because you, or someone you were traveling with, were charged wait time fees, please contact the Justice Department at 833-591-0425 (toll-free), 202-305-6786, or send an email to Uber.Fee@usdoj.gov.

On February 4, 2022, the United States filed a response to Uber's Motion to Dismiss the Complaint, arguing that, contrary to Uber’s arguments, Uber is a covered transportation company under Title III of the ADA and that the United States’ Complaint plausibly alleges that Uber violates Title III of the ADA and its implementing regulations by charging discriminatory wait time fees to people with disabilities who, because of disability, need more than two minutes to board an Uber vehicle. 

On July 18, 2022, the Department of Justice announced that it entered a multi-million-dollar settlement agreement with Uber Technologies, Inc. to resolve the lawsuit. Under the agreement, Uber will offer millions of dollars in compensation to over 65,000 Uber riders who were charged the discriminatory fees due to a disability. Uber will also waive wait time fees for all Uber riders who certify that they (or someone they frequently travel with) need more time to get in an Uber because of a disability, and will ensure that refunds are easily available for anyone who is charged a wait time fee because of disability.  

Press Release

Press Release 7/18/22

California, Northern District
Complaint
Motions and Memoranda - Miscellaneous
Settlement/Consent Decree
Contra Costa County Kids at Work

On October 24, 2022, the United States settled an allegation that Contra Costa County Kids at Work, an infant center and preschool, violated Title III of the ADA when it refused to accommodate and instead disenrolled a two-year-old child with developmental delays and scimitar syndrome from its program. The agreement includes payment of monetary compensation to the complainant, a new non-discrimination policy, review of relevant policies or procedures by the Department, staff training, and reporting to the Department of any future complaints or charges of discrimination.

Settlement/Consent Decree
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.

Press Release

Settlement/Consent Decree
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.

Press Release

Settlement/Consent Decree
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.

Press Release

Settlement/Consent Decree
Luna Tattoo Studio

In May 2022, the U.S. Attorney's Office of Northern District of California reached an agreement with Luna Tattoo Studio in  to resolve an allegation under Title III of the ADA that the tattoo studio refused to provide services to an individual with HIV. The agreement includes review by the Department of any relevant policies or procedures, training of staff, written notification to the Department of future complaints, maintaining a written log of potential clients who were not accepted due to a physical or mental medical condition, and $7,000 in compensatory damages for the individual.

Press Release

Settlement/Consent Decree
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.

Settlement/Consent Decree
United States v. Chicago Baseball Holdings, LLC, Wrigley

On July 14, 2022, the U.S. Attorney's Office for the Northern District of Illinois filed a lawsuit under Title III of the ADA against the various ownership organizations of the Chicago Cubs for its failures to design and construct additions and make alterations that are readily accessible to and usable by individuals with disabilities as required by the ADA. The complaint alleges violations of the relevant ADA Standards for Accessible Design, including the 2010 Standards, in a wide range of areas throughout the facility, including wheelchair seating, accessible routes, and other features, elements and amenities throughout the Wrigley Field facility.

Press Release

Complaint
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.

Press Release

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.

Press Release

Settlement/Consent Decree
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.

Press Release

Settlement/Consent Decree
JCR Companies

On June 8, 2021, the United States reached a resolution of an allegation under Title III of the ADA that three building owners in Washington, D.C., failed to alter their facilities to be readily accessible to and usable by individuals with disabilities, to the maximum extent feasible.  Two of the buildings had steps at the entrances and one did not have enough space at the entrance for wheelchair users to open the door and go in on their own.  The agreement requires all 19 building owners to hire an architect to check their buildings in Washington, D.C., Maryland, and Virginia to make sure the buildings can be used by people with disabilities.

Press Release

Settlement/Consent Decree
CVS Pharmacy, Inc.

On April 11, 2022, the United States executed a settlement agreement with CVS Pharmacy, Inc., the nation's largest retail pharmacy, under Title III of the ADA regarding the accessibility of its vaccine registration portal.  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, CVS 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.

Press Release

Settlement/Consent Decree
Hy-Vee, Inc.

On December 1, 2021, the United States executed a settlement agreement with Hy-Vee, Inc., a grocery store chain, under Title III of the ADA regarding the accessibility of its vaccine 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, Hy-Vee 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.

Press Release

Settlement/Consent Decree
Ready to Work

On March 17, 2022, the United States executed a settlement agreement with Ready to Work, a not-for-profit residential, work, and social services program for individuals who are homeless.  The agreement resolves a complaint under Title III of the Americans with Disabilities Act (ADA) that Ready to Work discriminated against an individual with opioid use disorder (OUD) by denying her admission to its residential, work, and social services program because she uses a prescribed medication to treat her OUD.  The agreement requires Ready to Work to adopt non-discrimination policies, train staff on its non-discrimination obligations, and report on compliance. Ready to Work will also pay $7,500 in damages to the complainant. 

Press Release

Settlement/Consent Decree
Night and Day Dental, Inc.

On June 17, 2021, the United States executed a settlement agreement with Night and Day Dental, Inc., a dental practice, under Title III of the ADA.  The agreement resolves a complaint that the respondent discriminated against a woman with HIV who was seeking routine dental care when it refused to accept her as a new patient because of her HIV status, and by requiring certain bloodwork results from patients with HIV before deciding whether to provide dental care. The agreement requires the respondent to pay $30,000 to the victim of the discrimination, train staff on the ADA, develop and use a non-discrimination policy, and file periodic reports with the Department on implementation of the agreement.

Press Release

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.

Press Release - Compliant

Press Release - Consent Decree

California, Eastern District
Settlement/Consent Decree
Complaint
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.

Complaint Press Release

Consent Decree Press Release
 

California, Eastern District
Complaint
Settlement/Consent Decree
Holiday Inn Columbus Ohio-Badrivishal, LLC

On May 4, 2022, the United States entered into an agreement under Title III of the ADA with the Holiday Inn Express Hotels & Suites in Columbus, Ohio.  Under the agreement, Badrivishal, LLC, the owner of the Hotel, will provide access for customers with disabilities, including those who use wheelchairs, by making physical modifications so that parking, entrances, public restrooms, service counters, drinking fountains, routes to and within buildings are accessible.  It will also ensure that the rooms, including bathrooms, that are required and advertised as accessible to people who use wheelchairs are accessible.  The agreement further requires the managers, front desk personnel, and reservations staff at the Hotel to undergo training regarding the ADA requirements to accommodate individuals with disabilities.  Finally, the Hotel will pay $20,000 in damages to the couple harmed by the discrimination.

Press Release

Settlement/Consent Decree
U.S. v. Barnet Dulaney Perkins Eye Center, PC

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 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 ADA 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.  

Complaint Press Release

Consent Decree Press Release

Arizona, District of
Complaint
Complaint
Settlement/Consent Decree

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