SETTLEMENT AGREEMENT BETWEEN

THE UNITED STATES OF AMERICA

AND

AM2PM CHILDCARE LEARNING CENTER, HAZLET, NEW JERSEY

UNDER THE AMERICANS WITH DISABILITIES ACT

USAO # 2010v0268, DJ# 202-48-218

1. The parties to this Settlement Agreement ("Agreement") are the United States of America ("United States") and AM2PM Childcare Learning Center ("AM2PM" or "Center").
2. The United States is authorized to investigate alleged violations of title III of the ADA and to bring a civil action in federal court if the United States is unable to secure voluntary compliance in any case that involves a pattern or practice of discrimination or that raises issues of general public importance. 42 U.S.C. § 12188(b).
3. The Center is a place of public accommodation covered by title III of the ADA. 42 U.S.C. § 12188(b).
4. This matter was initiated by a complaint filed by Complainants, under title III of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12181 et seq., with the United States Department of Justice against AM2PM.
5. In the complaint, Complainants alleged that AM2PM discriminated against the Complainants' daughter, who has Down syndrome, by excluding her from participation in and denying her the benefits of its services, and by subjecting her to discrimination on the basis of disability. It was further alleged that AM2PM subjected Complainants, who are known to have a relationship or association with a person with a disability, to discrimination by denying them equal services that were offered to parents of children without disabilities.
6. In response to these allegations, AM2PM denied that it discriminated against the Complainants' daughter on the basis of disability or against the Complainants as individuals known to have a relationship or association with a person with a disability. AM2PM further contended that it made reasonable efforts to accommodate the disability of the Complainants’ daughter and that it remains willing to accept the Complainants' daughter so long as the Complainants complete the proper paperwork for her admission.
7. Complainants’ daughter is a person with a disability within the meaning of the ADA. Complainants’ daughter has Down syndrome, a physical/mental impairment, that substantially limits one or more major life activities. 42 U.S.C. § 12102(1), (2).
8. Title III of the ADA prohibits public accommodations from discriminating against an individual on the basis of disability in the full and equal enjoyment of its goods and services. 42 U.S.C. § 12182(a); 28 C.F.R. § 36.201. Title III prohibits public accommodation from failing or refusing to make reasonable modifications in policies, practices, and procedures as necessary to avoid discrimination on the basis of disability, unless the public accommodation can demonstrate that making the modifications would fundamentally alter the nature of the services. 42 U.S.C. § 12182(b)(2)(A)(ii); 28 C.F.R. §36.302. Title III also prohibits public accommodations from discriminating against an individual because of the known disability of an individual with whom the individual is known to have a relationship or association. 42 U.S.C. § 12182(b)(E); 28 C.F.R. § 36.205. Ensuring that private day care centers do not discriminate against persons with Down syndrome and their parents is an issue of general public importance. 42 U.S.C. § 12188(b)(1)(B).
9. The parties now desire to resolve this matter consistent with this Agreement, including all matters in controversy which were, or could have been asserted in the Complaint.
10. AM2PM's participation in this Settlement Agreement shall not constitute or be construed as an admission of liability. AM2PM expressly denies that it has violated any law, engaged in any practice of discrimination or denied equal opportunity to individuals with disabilities or those associated with such individuals.
11. In consideration of the terms of this Settlement Agreement, the Attorney General agrees to refrain from undertaking further action in this case, except as provided in Section N.
12. Consistent with the ADA, AM2PM will not discriminate against any individual on the basis of disability in the full and equal enjoyment of its services by refusing or failing to make reasonable modifications in its services whenever necessary to avoid discrimination.
13. AM2PM will adopt, maintain, and enforce the policy attached hereto, and by reference incorporated herein, as Exhibit 1 to this Agreement on prohibition of discrimination on the basis of disability. Within ten (10) days of the effective date of this Agreement, AM2PM will post a copy of the policy in a conspicuous area of the Center where members of the public can readily read the policy. Within twenty (20) days of the effective date of this Agreement, AM2PM will include on its website (http://www.am2pmkids.com) a statement of the policy.
14. The United States may review compliance with this Agreement at any time. If the United States believes that AM2PM has failed to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the United States for a modification of the relevant terms, the United States will so notify AM2PM in writing and the Parties will attempt to resolve the issue or issues in good faith. If the Untied States is unable to reach a satisfactory resolution of the issue or issues raised within thirty (30) days of the date it provides notice to AM2PM, it may institute a civil action in federal district court to enforce the terms of this Agreement or the requirements of title III of the ADA.
15. Failure by the United States to enforce this Agreement with respect to any deadline or other provision herein will not be construed as a waiver of the United States' right to enforce other deadlines and provisions of this Agreement.
16. A copy of this document or any information contained in it will be made available to any person on request by AM2PM or the United States.
17. This Agreement constitutes the entire agreement between the Parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written Agreement (including its attachment, which is hereby incorporated by reference), will be enforceable. This Agreement does not purport to remedy any other potential violations of the ADA or any other federal law. This Agreement does not affect AM2PM's continuing responsibility to comply with all aspects of the ADA.
18. This Agreement shall be binding on AM2PM, its agents and employees. In the event AM2PM seeks to transfer or assign all or part of its interest in the day care center, and the successor or assign intends on carrying on the same or similar use of the facility, as a condition of sale, AM2PM shall obtain the written agreement of the successor or assign to comply with any obligations remaining under this Agreement for the remaining term of this Agreement.
19. This Agreement will remain in effect for three (3) years.
20. The effective date of this agreement is the date of the last signature below.