U.S. Department of Justice Civil Rights Division Disability Rights Section

27 Years of the Americans with Disabilities Act

On July 26, 1990, Congress passed, and President George H. W. Bush signed into law, the Americans with Disabilities Act (ADA), ushering in a new era of civil rights protections for people with disabilities in this country.  The Justice Department’s Civil Rights Division, along with U.S. Attorneys’ Offices across the country, enforces the ADA to advance the statute’s goals of ensuring equal opportunity, full participation, independent living, and economic self-sufficiency for people with disabilities.  The examples highlighted in this document are only part of the Department’s work in 2017 to further the objectives of the ADA.  To read more about our work under the ADA, visit our website at archive.ada.gov.

EMPLOYMENT

• Washington Metropolitan Area Transit Authority: In March 2017, the Justice Department entered into a settlement agreement with the Washington Metropolitan Area Transit Authority (WMATA) to resolve allegations that WMATA discriminated against a job applicant by withdrawing a job offer after learning that he had epilepsy, without discussing how his disability might affect his ability to do the job or discussing the availability of reasonable accommodations.  Under the agreement, WMATA agreed to adopt new policies, ensure that supervisors receive training on those policies, and pay $175,000 in compensatory damages to the applicant.
• City of Philadelphia: In February 2017, the Justice Department entered into a settlement agreement with the City of Philadelphia to resolve allegations that the city discriminated against a sanitation worker who had a heart attack when it fired him instead of reassigning him to a vacant position for which he was qualified.  Under the agreement, the city agreed to adopt new policies to ensure that reassignment is considered as a reasonable accommodation where appropriate, offer to reinstate and reassign the employee, and pay him $90,000 in back pay and compensatory damages.
• Oregon: In February 2017, an independent reviewer issued her first report on implementation of a settlement agreement that the Justice Department and private plaintiffs reached with the state of Oregon.  The agreement will impact approximately 7,000 Oregonians with intellectual and developmental disabilities who can and want to work in typical employment settings in the community.  According to State data, the State achieved the 130 new competitive integrated employment placements required by the agreement for members of the agreement’s target populations in 2016.

EDUCATION

• Pea Ridge School District: In March 2017, the Justice Department entered into a settlement agreement with the Pea Ridge School District in Benton County, Arkansas.  The Department’s investigation found that the district excluded three students from school and extracurricular activities for several days after learning that one of the students’ relatives had HIV.  Under the settlement agreement, the district agreed to adopt a written non-discrimination policy, revise other policies, provide training, and pay $15,000 in compensatory damages to the students.

VOTING

• ADA Voting Initiative: This year, the Civil Rights Division, partnering with U.S. Attorneys across the nation, continued its ADA Voting Initiative to ensure that people with disabilities have an equal opportunity to participate in the voting process.  The ADA Voting Initiative covers all aspects of voting, from voter registration to casting ballots at neighborhood polling places.  Through this initiative, more than 1,300 polling places have been surveyed to assess whether barriers to access exist.
• City of Chicago: In April 2017, the Justice Department entered into a settlement agreement with the Board of Election Commissioners for the City of Chicago to address the Department’s conclusion that many of the polling places that had been deemed accessible contained barriers to access for persons with mobility or vision disabilities.  Under the settlement agreement, the Board agreed to ensure that by the November 2018 election, every polling place location will be permanently or temporarily accessible during the voting period, and agreed to relocate inaccessible locations to an alternative accessible location.
• Fauquier County, Virginia: In February 2017, the Justice Department entered into a settlement agreement with Fauquier County, Virginia to resolve a compliance review of its polling locations.  The Department’s compliance review revealed that many of the polling places in Fauquier County had architectural barriers that made them inaccessible to voters who use wheelchairs or have mobility disabilities.  Under the settlement agreement, Fauquier County agreed to make temporary and permanent changes to its polling places to make the locations accessible to voters who use wheelchairs or have mobility disabilities, or relocate the polling locations to alternate accessible locations. All newly selected polling places will be accessible on Election Day. Fauquier County also agreed to provide training to poll workers.
• Palm Beach County, Florida: In January 2017, the Justice Department entered into a settlement agreement with the Palm Beach County Supervisor of Elections to resolve allegations that the county had failed to provide a functioning accessible voting system.  Under the settlement agreement, among other actions, the Supervisor agreed to provide an accessible voting system, maintain in operable working condition the features of the voting system that enable voters with a disability to participate in private and independent voting, and provide training for poll workers.

HEALTH CARE

• Barrier-Free Health Care Initiative: Through the Barrier-Free Health Care Initiative, established in 2012, U.S. Attorneys’ offices across the country partner with the Department’s Civil Rights Division to target their enforcement efforts on a critical area for individuals with disabilities – access to medical services and facilities. The Barrier-Free Health Care Initiative is a multi-phase initiative that addresses, among other things, effective communication for people who are deaf or have hearing loss, physical access to medical care for people with mobility disabilities, and equal access to treatment for people who have HIV/AIDS.
• Doctors Hospital at Renaissance: In July 2017, the Justice Department entered into a settlement agreement with Doctors Hospital at Renaissance, which owns and operates multiple medical facilities in Texas.  The settlement agreement resolves allegations that the hospital failed to provide effective communication to two parents while their daughter was receiving monthly chemotherapy treatment.  One parent is deaf and the other has hearing loss.  As a result of the settlement, among other actions, the hospital has agreed to adopt policies and procedures to ensure that individuals with hearing disabilities receive appropriate auxiliary aids and services, including qualified interpreters when necessary; provide technology for individuals with hearing disabilities in patient rooms, such as TTYs, visual notification devices, telephones with volume controls, and telephones that are compatible with hearing aids; provide televisions with closed captioning capability to individuals with hearing disabilities; and provide training.
• Fill Building Associates: In April 2017, the Justice Department entered into a settlement agreement with Fill Building Associates in Michigan to ensure that patients with mobility disabilities could access their physician’s office.  Under the agreement, the owner of the office building agreed to provide accessible parking, an accessible route, accessible doors, and accessible restrooms, among other modifications.
• Overlake Medical Center: In January 2017, the Justice Department entered into a settlement agreement with Overlake Medical Center in Washington State.  The settlement agreement resolves allegations that the hospital failed to provide an American Sign Language interpreter to a woman who is deaf during the scheduled birth of her child.  The complaint further alleged that the hospital excluded the woman’s partner, who is also deaf, from the delivery room because the complainant’s mother, who was attempting to interpret, was counted as her chosen companion.  As a result of the settlement, the hospital has agreed to adopt policies and procedures to ensure that individuals with hearing disabilities receive appropriate auxiliary aids and services, including qualified interpreters when necessary; provide training on auxiliary aids and services; pay $125,000 to the complainant and her family members; and pay a $75,000 civil penalty to the United States.  The Justice Department also reached a related resolution with the complainant’s obstetrician, who allegedly failed to provide an interpreter during several of her pre-natal care visits.

ACCESSIBLE DESIGN

• Seasons of Coeur D’Alene and Moon Time Restaurant: In June 2017, the Justice Department entered into agreements with two restaurants in Coeur d’Alene, Idaho to resolve a compliance review of local restaurants.  Under the agreements, each restaurant will remove barriers to accessibility.
• City of Pinson, Alabama: In June 2017, the Justice Department reached an agreement with the City of Pinson, Alabama to increase accessibility of the city’s facilities and services.  The agreement will improve access for persons with disabilities at City Hall, the public library, community centers, and athletic fields.  Under the agreement, the city also agreed to ensure accessible parking and effective communication.