The U.S. Attorney’s Office Secures An Agreement Resolving ADA Complaint Involving A New Jersey Medical Practice

Agreement Removes Discriminatory Barriers to Individuals with Vision and Hearing Disabilities

NEWARK, N.J. –  The U.S. Attorney’s Office for the District of New Jersey secured a settlement agreement to resolve allegations that Advanced ENT & Allergy discriminated against a prospective patient who is deaf and has low vision in violation of the Americans with Disabilities Act (ADA).  Following an investigation, the U.S. Attorney’s Office found that Advanced ENT & Allergy, which has eleven offices in southern New Jersey, violated the ADA by refusing to provide in-person sign language interpretation services where doing so was necessary for deaf and low vision patients to effectively communicate.  Instead, the practice relied exclusively on screen-based, remote interpretation, even when those services could not accommodate patients and prospective patients who could not effectively see a screen due to their vision disability.  These findings are based, in part, on evidence gathered by the U.S. Department of Justice Fair Housing Testing Program.

Under the settlement agreement, Advanced ENT & Allergy will, among other things, implement a non-discrimination policy to ensure that individuals with disabilities are afforded full and equal opportunities to its benefits and services.  The medical practice will also ensure that it will provide in-person interpretation services to patients and prospective patients with disabilities who require that service to effectively communicate.  Advanced ENT & Allergy will also provide mandatory ADA training to its employees.  It is anticipated that Advanced ENT & Allergy will be acquired by ENT and Allergy Associates, LLP effective January 1st, and will do business under that new name. ENT and Allergy Associates had no role in conduct at issue in the complaint.

The ADA prohibits places of public accommodation, such as Advanced ENT & Allergy, from discriminating on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations.

Individuals who believe they may have been victims of discrimination may file a complaint with the U.S Attorney’s Office’s Civil Rights Division at http://www.justice.gov/usao-nj/civil-rights-enforcement/complaint.

Additional information about the ADA can be found at www.ada.gov, or by calling the Department of Justice’s toll-free ADA information line at 800-514-0301 or 800-514-0383 (TDD).

The government is represented by Assistant U.S. Attorney Emily B. Goldberg of the U.S. Attorney’s Office’s Civil Rights Division.