SETTLEMENT AGREEMENT BETWEEN

THE UNITED STATES OF AMERICA

AND

THE DISTRICT OF COLUMBIA

DEPARTMENT OF EMPLOYMENT SERVICES

AND

DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS

DEPARTMENT OF JUSTICE COMPLAINT NUMBER 204-16-70


Settlement Agreement | Department of Justice Press Releases

 

BACKGROUND


A. SCOPE OF THE INVESTIGATION

The United States Department of Justice ("Department") initiated this matter as a compliance review of the District of Columbia ("District") under title II of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §§ 12131-12134, and the Department’s implementing regulation, 28 C.F.R. Part 35. Because the District receives financial assistance from the Department of Justice, the review was also conducted under the authority of § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and the Department’s implementing regulation, 28 C.F.R Part 42, Subpart G.

The review was conducted by the Disability Rights Section of the Department’s Civil Rights Division and focused on the District’s compliance with the following title II requirements within the Department of Employment Services ("DOES") and the Department of Consumer and Regulatory Affairs ("DCRA"):

The Department limited its program access review to those of the District’s programs, services, and activities that operate in the following facilities: the Department of Consumer and Regulatory Affairs office building; the Department of Employment Services’ Employment Services Building, Multi-Cultural One Stop Career Center, Metro Area One Stop Career Center, Naylor Road One Stop Career Center, Information Technology Satellite One Stop Career Center, 441 4th Street One Stop Career Center, Labor Standards/Workers Compensation office, Petworth Employment Services Center, and CVS/DOES One Stop Career Center.

Alterations by DCRA or DOES commenced after January 26, 1992, on the following facilities and thus must comply with the ADA’s new construction/alterations requirements: Employment Services Building (altered restrooms); Naylor Road One Stop Career Center (total renovation); CVS/DOES One Stop Career Center (altered office space and restrooms); 441 4th Street One Stop Career Center (total renovation).

Since the date of the onsite investigation, DOES has relinquished its Employment Services Building and will vacate it in July 2001; the programs, services, and activities housed there will be relocated to 609 H Street, NE. Additionally, DOES quit the facilities that housed its Multi-Cultural One Stop Career Center and Petworth Employment Services Center. Finally, DOES will open an additional One Stop Career Center at 609 H Street, NE in July 2001.


B. JURISDICTION

1. The ADA applies to the District because it is a "public entity" as defined by title II. 42 U.S.C. § 12131(1).

2. The Department is authorized to conduct this compliance review under 42 U.S.C.
§ 12133 in order to determine the District’s compliance with title II and the Department’s implementing title II regulation, to issue findings and, where appropriate, to negotiate and secure a voluntary compliance agreement. Furthermore, the Attorney General is authorized, under 42 U.S.C. § 12133 to bring a civil action enforcing title II of the ADA should the Department fail to secure voluntary compliance.

3. The Department is also authorized to conduct this compliance review under 28 C.F.R. Part 42, Subpart G, to determine the District’s compliance with § 504 of the Rehabilitation Act of 1973, to issue findings, and, where appropriate to negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized, under 29 U.S.C. § 794 and 28 C.F.R. §§ 42.530, 42.108-110, to suspend or terminate financial assistance to the District provided by the Department of Justice should the Department fail to secure voluntary compliance pursuant to Subpart G or to bring a civil suit to enforce the rights of the United States under applicable federal, state, or local law.

C. ACTIONS TAKEN BY THE DISTRICT

4. The DOES and DCRA undertook self-evaluations in 1993-94 and generated accompanying transition plans. They updated those plans in 2000.

5. Public notices are posted throughout DOES and DCRA facilities that notify applicants, participants, beneficiaries, and other interested persons of their rights and the District’s obligations under title II, and that provide information for contacting the Departments’ respective ADA Coordinators.

6. The DOES and DCRA each has an ADA Coordinator; there is also an ADA Coordinator for the District of Columbia as a whole.

7. Complaints against the District of Columbia for disability-based discrimination in employment or public services may be filed with the D.C. Department of Human Rights and Minority Business Development.

8. The ADA Coordinators for DOES and DCRA are aware of the District’s obligation to provide auxiliary aids and services, where necessary for effective communication with the public. The ADA Coordinator for DCRA has the capacity to Braille documents and has a computer equipped with a voice synthesizer. DOES has secured 72 hours of training on Basic American Sign Language for several employees in its career centers.

The parties to this Agreement are the United States of America and the District of Colombia’s Department of Employment Services and Department of Consumer and Regulatory Affairs. In order to avoid the burdens and expenses of an investigation and possible litigation, the parties hereby agree as follows.

REMEDIAL ACTION

9. In consideration of, and consistent with, the terms of this Agreement as set forth below, the Attorney General agrees to refrain from filing a civil suit in this matter regarding ¶¶ 11- 37 except as provided in ¶¶ 40, 42.

11. The Parties agree that the technical requirements and, where appropriate, the scoping requirements of the Standards are used as a guide for determining whether a program or activity held in an existing facility is "readily accessible to and usable by" persons with disabilities, and for determining what changes are necessary to make this program or activity accessible if it continues to be provided in the existing facility in question. See 28 C.F.R. §§ 35.150(b)(1), 35.151. The Standards appear at 28 C.F.R. Part 36, Appendix A.

A. EFFECTIVE COMMUNICATION

12. Within 90 days of the effective date of this Agreement, DOES and DCRA will submit for review by the Department a document identifying sources of qualified sign language interpreters and vendors that Braille documents, and draft written procedures, with time frames, for fulfilling requests from the public for interpreters and documents in alternate formats (Braille, large print, cassette tapes, etc.). The DOES and DCRA will implement the procedures, as approved or revised by the Department, within 30 days of the Department’s written response.

13. Within 30 days of the issuance of the final procedures referenced in ¶13, DOES and DCRA will distribute a copy of the procedures to all DOES and DCRA employees, accompanied by a memorandum explaining the District’s obligation to communicate effectively with persons with disabilities. These documents will be re-issued to all DOES and DCRA employees at the first and second year anniversaries of the effective date of this Agreement. A copy of the memorandum will simultaneously be forwarded to the Department.

14. DOES’s Naylor Road Center and DCRA’s Issuance Center in Suite 2100 have courtesy telephones that the public may use to make outgoing calls. Within 90 days of the effective date of this Agreement, DOES and DCRA will make a portable TDD available for public use at these Centers, post a notice at the location of each courtesy telephone advising the public on how a portable TDD may be obtained, instruct staff on the location of the portable TDD and its use, and submit a report of its actions to the Department.

15. Several of DOES’s career centers have video libraries for public use. Effective immediately, the videos purchased by DOES for public use will be captioned and, if not available with captions, will be transcribed upon request of a person who is deaf through the office of the ADA Coordinator. Already-acquired videos will also be transcribed upon request through the ADA Coordinator, and DOES will publicize the availability of this service to its employees and members of the public who visit its Centers.

16. The Department discovered during its onsite investigation that the DOES Unemployment Compensation office sometimes uses the District of Columbia telephone relay service to conduct hearings involving deaf participants. This results in hearings that take far longer than hearings involving persons who are not deaf, and constitutes the provision of an unequal benefit to persons with disabilities, among other ADA violations. 28 C.F.R.
§ 35.130(b)(2).

Effective immediately, DOES will offer the services of a qualified sign language interpreter to a person who is deaf and involved in any DOES hearing , upon notice of that involvement, and will provide a qualified sign language interpreter at the hearing upon request.

17. The Department discovered during its onsite investigation that DCRA has a computer available to members of the public for researching available rental housing. Within 90 days of the effective date of this Agreement, DCRA will install a voice synthesizer and earphones on the computer to make it accessible to persons who are blind or have low vision, or will develop procedures for staff to assist such persons upon request and submit a copy of those procedures to the Department.

B. TELEPHONE COMMUNICATION

18. DCRA has one TDD located in the office of its ADA Coordinator. DOES has a TDD at its Employment Services Building and one at each of its Career Centers.

19. Within 60 days of the effective date of this Agreement, DCRA will acquire and install additional TDD’s for administrative calls, officially recognize the District of Columbia telephone relay service as the means by which it communicates with individuals who are deaf, or implement a system that combines both technologies.

20. DCRA, within 90 days of the effective date and for the life of this Agreement, and DOES, within 270 days of the effective date and for the life of this Agreement, will publicize their TDD numbers on the same basis as their voice numbers, through such means as official stationery, business cards, civic newsletters, the public telephone book, and the District of Columbia Home Page. If DCRA chooses to rely principally on the District of Columbia telephone relay system alone, that number will be publicized in the same manner, in lieu of any TDD numbers.


21. The DCRA and DOES will take steps to ensure that all appropriate employees are trained and practiced in using a TDD and the District of Columbia telephone relay service to make and receive calls, as appropriate, and that any TDD’s are maintained in good working order through test calls every six months for the life of this Agreement.

22. The DCRA and DOES will report to the Department the actions it has taken to implement ¶¶19-21 within 180 days of the effective date of this Agreement.

C. PHYSICAL CHANGES -
DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS

In order that each of the DCRA’s programs, services, and activities operating at 941 N. Capitol Street, NW, when viewed in its entirety, is readily accessible to and usable by persons with disabilities, DCRA will take the following actions.

The DCRA will make the following modifications within 180 days of the effective date of this Agreement:

23. The handrails on the exterior ramp lack the minimum 12 inch horizontal extensions at the bottom of the ramp; there is 3 inches clear space between the handrail adjacent to the wall and the wall itself; and the tops of the gripping surfaces of the handrail are mounted at 32 inches above the ground.

Alter the handrails so that there are 12 inch extensions at the bottom of the ramp segment, and the space between the wall and handrail is 1 _ inches, and one top of the gripping surface on the handrails is 34 - 38 inches above the ground. §§ 4.8.5, 4.26.2.

24. Building signage that designates permanent rooms and spaces is correctly formatted and mounted, but incomplete. If additional signs are installed to denote toilet rooms, room numbers, and exits, ensure that they are accessible in compliance with the Standards.
§§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

25. There are two sets of "hi-lo" water fountains on each floor; the spout outlet height of the low fountain is 37-38 inches at the sets of fountains on the 9th and 7th floors. Alter the fountains so that the spout outlet of one fountain on each floor is no higher than 36 inches from the finish floor and the fountains otherwise comply with the Standards.
§§ 4.1.3(10)(a), 4.15.

26. Doors

a. The entrance door to several rooms closes in less than 3 seconds from an open position of 70 degrees to a point 3 inches from the latch, measured to the leading edge of the door. These include the doors to the 9th, 7th, 3rd, 2nd and 1st floor women’s room; the 9th and 2nd floor men’s room; and Suite 2100. Adjust the doors so that this closing time is at least 3 seconds. § 4.13.10.

b. The pressure required to open several interior doors is 8-13 pounds. These include the doors to the 2nd floor toilet rooms, the men’s toilet rooms on the 9th and 7th floors, and Suite 2100. Adjust the door closers so that the force required to open them is no more than 5 pounds. § 4.13.11(2)(b).

27. Women’s Toilet Rooms

a. The toilet paper dispenser in the designated accessible stall in three rooms is located too far from the back wall (43 inches, 7th & 9th floors; 42 inches, 3d floor). Reposition or replace the dispenser with one that is located below the grab bar so that the farthest edge of the toilet paper roll is no more than 36 inches from the back wall and no less than 19 inches to the centerline of the roll from the finish floor.§ 4.17.3 and Fig. 30(d).

28. Men’s and Women’s Toilet Rooms

a. The ambulatory stall in the 9th, 7th, 3rd, and 2nd floor rooms is 39 inches wide. Alter the partitions to provide a stall in each room that is 36 inches wide and otherwise complies with the Standards. §§ 4.22.4 & Fig. 30(d), 4.26.

b. The angled panel under the lavatories in the 9th, 7th, 3rd, 2nd, and 1st floor rooms begins 6-7 inches in from the face of the lavatories. Alter the panel to provide a minimum knee clearance for at least one lavatory in each room that is at least 27 inches high and 8 inches deep. §§ 4.22.6, 4.19.2 & Fig. 31.

c. The dispensers of toilet seat shields are mounted 56 1/2 - 59 inches above the finish floor in all rooms. Provide a dispenser with appropriate clear floor space in each location that is within the reach ranges of a person who uses a wheelchair.
§§ 4.22.7, 4.27.2, 4.27.3, 4.2.5, 4.2.6.

The DCRA will make the following modifications to its DCRA office space within 90 days of the effective date of this Agreement:

29. The service counter in the 7th floor offices of Corporation Licensing is 46 inches high. The service counter in the 7th floor offices of the ABC Hearing Rooms is 45 inches high. The reception counter in the 3rd floor Office of Information Systems is 45 1/2 inches high. The service counter in the Building and Land Regulation Administration is 45 inches high, and in the Administration’s Plan File Room is 43 1/2 inches high.

Provide a counter at these locations that is at least 36 inches wide and no more than 36 inches high, provide an auxiliary counter with a maximum height of 36 inches, or provide equivalent facilitation (e.g., by offering these services at an accessible location for individuals who use wheelchairs). § 7.2(2).

30. The conference table in room 3626 has a pedestal base located 11 _ -13 inches from the face of the table. Provide a writing surface with sufficient knee space that is usable by an individual who uses a wheelchair. See Standards, § 4.32.3 & Fig.45.

D. PHYSICAL CHANGES -
DEPARTMENT OF EMPLOYMENT SERVICES

In order to ensure that the following spaces in DOES facilities, for which alterations commenced after January 26, 1992, are readily accessible to and usable by individuals with disabilities, the District will take the following actions.

31. CVS/DOES One Stop Career Center

a. At the time of the Department’s investigation, the CVS/DOES One Stop Career Center was undergoing renovation. The DOES submitted the design drawings for the renovation to the Department for review. The drawings contained insufficient information to determine whether or not the altered space would comply with the ADA Standards for Accessible Design and the Department’s title II regulation.

Within 30 days of the effective date of this Agreement, DOES will arrange for a site visit by the Department for the purpose of reviewing compliance with the Standards, and will correct any deviations identified by the Department within 120 days of the Department’s report.

b. Within 30 days of the Department’s determination that the CVS/DOES One Stop Career Center complies with the Standards, DOES will publicize, and continue to publicize for the life of the Center, that this Center is accessible to individuals with mobility impairments. Notice shall be given through all of DOES’ normal channels of communication with the public (e.g., pamphlets and brochures, telephone responses, all appropriate Websites).

32. 609 H Street, NE One Stop Career Center

a. Since the date of the Department’s onsite, DOES has decided to open a One Stop Career Center at 609 H Street, NE. Within 60 days of the completion of the relocation, DOES will arrange for a site visit by the Department for the purpose of reviewing compliance with the Standards, and will correct any deviations identified by the Department within 120 days of the Department’s report.

b. Within 30 days of the Department’s determination that the 609 H Street NE One Stop Career Center complies with the Standards, DOES will publicize, and continue to publicize for the life of the Center, that this Center is accessible to individuals with mobility impairments. Notice shall be given through all of DOES’ normal channels of communication with the public (e.g., pamphlets and brochures, telephone responses, all appropriate Websites).

33. Programs, Services, and Activities Currently Housed in Employment Services Building

Programs, services, and activities currently housed in the Employment Services Building will be relocated to 609 H Street, NE in or before July 2001. Within 60 days of the completion of the relocation, DOES will arrange for a site visit by the Department for the purpose of reviewing compliance with the Standards, and will correct any deviations identified by the Department within 120 days of the Department’s report.

34. The DOES shall complete the following modifications to the Employment Services Building within 60 days of the effective date of this Agreement:

a. 1st Floor Women’s and Men’s Toilet Rooms
(applies to both unless otherwise noted)

(1) The entry door requires 16-22 pounds of force to open and has knob hardware. Alter the door closer so that the force required to open the door is not more than 5 pounds or install an automatic door opener. Replace the handle with hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate.
§§ 4.1.6(1)(b), 4.1.3(11), 4.22.2, 4.13.11(2)(b), 4.13.9.

(2) The room identification sign is not accessible. Install a sign with raised characters and Braille on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. Include on the sign the International Symbol of Accessibility.
§§ 4.1.6(1)(b), 4.1.2(7)(d), 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(3) There is a metal stand that props open the interior door that interferes with access to the room. Remove the stand and, if necessary, remove the interior door to maintain the accessible route. 28 C.F.R. § 35.133.

(4) The height of the toilet in the designated accessible stall (women’s) is 20 inches from the finish floor to the top of the seat. Provide a toilet that has a seat surface between 17 and 19 inches from the finish floor.
§§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.16.3 & Fig. 29(b).

(5) The side grab bar in the designated accessible stall is noncompliant. Replace the grab bar so that it begins no more than 12 inches from the back wall, it is at least 40 inches long, the end extends at least 52 inches from the back wall, and it is 33-36 inches above the finish floor.
§§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17.6 & Fig. 30(a), (d).

(6) The length of the rear grab bar in the designated accessible stall is 31-33 inches, it is mounted 50-51 inches above the floor, and in the men’s room is mounted so that it protrudes 2 inches from the wall. Provide a rear grab bar that is at least 36 inches long, with the end closer to the side wall mounted no more than 6 inches from the side wall, that is positioned 33-36 inches above the finish floor, and that is mounted so that there is a 1 1/2 inch space between the bar and the wall.
§§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17.6 & Fig. 30(a), (c), 4.26.2.

(7) The toilet paper dispenser in the designated accessible stall (women’s) is mounted on the side stall partition farthest from the toilet. Provide a dispenser under the side grab bar so that the farthest edge of the toilet paper roll is located no more than 36 inches from the back wall and with its centerline no less than 19 inches from the finish floor.
§§ 4.1.6(1)(b), 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(d).

(8) The coat hook in the designated accessible stall is located 65 inches above the finish floor. Provide a coat hook that is not more than 54 inches above the finish floor for a side approach.
§§ 4.1.6(1)(b), 4.1.3(12)(a), 4.25.3, 4.2.6.(12)

(9) The paper towel dispenser is mounted 60-61 1/2 inches above the floor. Provide a dispenser with appropriate clear floor space in each room that is located within the reach ranges for a person who uses a wheelchair.
§§ 4.1.6(1)(b), 4.1.3(11), 4.22.7, 4.27.2, 4.27.3, 4.2.5, 4.2.6.

b. Directional Signage

Install signs at inaccessible toilet rooms on the remaining floors of the DOES building directing users to the location of the first floor accessible toilet rooms. §§ 4.1.3(16)(b), 4.30.1, 4.30.2, 4.30.3, 4.30.5.

35. The DOES shall complete the following modifications to the Naylor Road One Stop Career Center within 180 days of the effective date of this Agreement:

a. There are eight designated accessible parking spaces; none has an access aisle and none is van-accessible. Demarcate the accessible parking to provide spaces that are at least 96 inches wide, adjacent car access aisles that are at least 60 inches wide, and a van-accessible space with an access aisle that is at least 96 inches wide and identified by an additional van-accessible sign mounted below the symbol of accessibility. §§ 4.1.6(1)(b), 4.1.2(5), 4.6.3 & Fig. 9, 4.6.4.

b. The top of the service counter is 48 inches above the floor. Provide a counter that is at least 36 inches wide and no more than 36 inches high, or provide an auxiliary counter with a maximum height of 36 inches in compliance with Standards
or provide equivalent facilitation (e.g., by offering those services at the nearby Security and Manager counter, accompanied by appropriate signage).
§§ 4.1.6(1)(b), 4.1.1(2), 7.2(2).

c. Men’s and Women’s Toilet Rooms
(applies to both unless otherwise noted)

(1) The permanent room identification sign is correctly formatted but incorrectly mounted on the door. Install a sign on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the signs without encountering protruding objects or standing within the swing of a door. §§ 4.1.6(1)(b), 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(2) The force required to open the entry door is 12-13 pounds. Alter the door closer so that the force required to open the door is not more than 5 pounds or install an automatic door opener. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.2, 4.13.11(2)(b).

(3) The coat hook in the designated accessible stall is located 66 inches above the finish floor. Provide a coat hook that is not more than 54 inches above the finish floor for a side approach. §§ 4.1.6(1)(b), 4.1.3(12)(a), 4.25.3, 4.2.6.

(4) The side grab bar in the designated accessible stall extends 47-48 inches from the back wall. Reposition or replace the grab bar so that its end nearest the back wall begins no more than 12 inches from the wall, it is at least 40 inches long, and its end farthest from the back wall is located at least 52 inches from the wall. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4., 4.17.6 & Fig. 30(a), (d).

(5) The feminine waste receptacle (women’s) is located 58 _ inches above the floor. Provide a waste receptacle that is within the reach ranges of a person who uses a wheelchair. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.7, 4.27.3, 4.2.5, 4.2.6.

(6) The toilet paper dispenser in the designated accessible stall (men’s) is located 46 inches from the back wall. Provide a dispenser under the side grab bar so that the farthest edge of the toilet paper roll is located no more than 36 inches from the back wall and with its centerline no less than 19 inches from the finish floor. §§ 4.1.6(10(b), 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(d).

(7) The rim of the urinal (men’s) is 23 inches above the finish floor; the flush control is 45 1/2 inches above the floor. Provide a urinal with an elongated rim that is no higher than 17 inches above the finish floor and with a flush control that is no higher than 44 inches above the floor. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.5, 4.18.2, 4.18.4.

d. The information racks extend to a height of 65 inches. Provide racks that are within the reach ranges of a person who uses a wheelchair with a preferred maximum of 48 inches irrespective of approach. §§ 4.1.6(1)(b) 4.2.5, 4.2.6, 8.4.

e. The room number signs which designate permanent rooms do not comply with the Standards. Install signs, with raised characters and Braille, on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the signs without encountering protruding objects or standing within the swing of a door.
§§ 4.1.6(1)(b), 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

f. Women’s and Men’s Staff Toilet Rooms
(applies to both unless otherwise noted)

(1) The permanent room identification sign is correctly formatted but incorrectly mounted on the door. Install a sign on the wall adjacent to the latch side of each door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. §§ 4.1.6(1)(b), 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

(2) The coat hook in the designated accessible stall is located 66 inches above the finish floor. Provide a coat hook that is not more than 54 inches above the finish floor for a side approach. §§ 4.1.6(1)(b), 4.1.3(12)(a), 4.25.3, 4.2.6.

(3) The side grab bar in the designated accessible stall extends 48-48 1/2 inches from the back wall. Reposition or replace the grab bar so that its end nearest the back wall begins no more than 12 inches from the wall, it is at least 40 inches long, and its end farthest from the back wall is located at least 52 inches from the wall. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.4., 4.17.6 & Fig. 30(a), (d).

(4) The feminine waste receptacle (women’s) is located 56 inches above the floor. Provide a waste receptacle that is within the reach ranges of a person who uses a wheelchair. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.7, 4.27.3, 4.2.5, 4.2.6.

(5) The toilet paper dispenser in the designated accessible stall is located 44-52 inches from the back wall. Provide a dispenser under the side grab bar so that the farthest edge of the toilet paper roll is located no more than 36 inches from the back wall and with its centerline no less than 19 inches from the finish floor. §§ 4.1.6(10(b), 4.1.3(11), 4.22.4, 4.17.3 & Fig. 30(d).

(6) The rim of the urinal (men’s) is 24 inches above the finish floor; the flush control is 49 1/2 inches above the floor. Provide a urinal with an elongated rim that is no higher than 17 inches above the finish floor and with a flush control that is no higher than 44 inches above the floor. §§ 4.1.6(1)(b), 4.1.3(11), 4.22.5, 4.18.2, 4.18.4.

g. Employee Lunch Room

(1) The counter top at the sink is 36 1/2 inches high. Provide a sink in a counter no more than 34 inches high that is within the reach range of a person who uses a wheelchair. § 4.1.6(1)(b), 4.32.4.

(2) The sink has twist-type faucets. Replace them with controls that are operable with one hand and do not require tight grasping, pinching or twisting of the wrist. §§ 4.1.6(1)(b), 4.27.4.

(3) The highest operable part of the microwave is located 60 inches above the finish floor. Provide a microwave that is within the reach range of a person who uses a wheelchair. § 4.1.6(1)(b), 4.2.5, 4.2.6.

h. The conference room seats 50 or more people and has an audio-amplification system, but no assistive listening system available. Install an adequate number of electrical outlets or other supplementary wiring in the room necessary to support a portable assistive listening system, with a minimum number of receivers provided equal to 4% of the total number of seats but no less than two receivers, and signage indicating availability. §§4.1.6(1)(b), 4.1.3(19)(b), 4.30, 4.33.

i. Within 30 days of the Department’s determination that the Naylor Road One Stop Career Center complies with the Standards, DOES will publicize, and continue to publicize for the life of the Center, that this Center is accessible to individuals with mobility impairments. Notice shall be given through all of DOES’ normal channels of communication with the public (e.g., pamphlets and brochures, telephone responses, all appropriate Websites).

In order to ensure that each of the DOES’s programs, services, and activities operating at a facility that is the subject of this Agreement, when viewed in its entirety, is readily accessible to and usable by persons with mobility impairments, the DOES will take the following actions.

36. The DOES shall complete the following modifications to the Employment Services Building within 60 days of the effective date of this Agreement:

a. Doors

Many of the interior doors require force in excess of 5 pounds to open, and the doors to the 4th floor Welfare to Work office and rooms 200 and 509 have a clear opening width of less than 32 inches. Install notices in conspicuous places throughout the building that staff are available to assist persons with mobility impairments negotiate heavy or narrow doors, and issue a memorandum to staff instructing them to the same effect.

b. Drinking Fountains

(1) The wall mounted drinking fountain on the 1st floor does not allow a forward approach, has knee space that is 8 1/2 inches deep, and has a twist faucet. Provide a fountain that complies with the Standards with respect to spout height, spout location, controls, and clearances. §§ 4.15 & Fig. 27, 4.27.4.

(2) The drinking fountains on the 5th, 3rd, and 2d floors are inaccessible. Post notices at these fountains directing users to the accessible first floor fountain. §§ 4.1.3(16), 4.30.1, 4.30.2, 4.30.3, 4.30.5.

c. Public Service Elements

(1) The information racks in the Welfare to Work office are 55 and 57 inches above the floor at their highest points. Provide a rack within the reach ranges of persons who use wheelchairs, or post a notice that staff are available to assist persons who use wheelchairs. See Standards, §§ 4.2.5, 4.2.6.

(2) The public tables in the Veterans’ Consortium Center, room 309, have a knee clearance that is 25-27 inches high and 8-10 1/2 inches deep. Provide a writing surface that can be used by a person who uses a wheelchair. See Standards § 4.32.3.

(3) The top of the sign-in counter in the main entrance foyer is 42 inches above the floor. Provide a counter that is at least 36 inches wide and no more than 36 inches high, provide an auxiliary counter with a maximum height of 36 inches, or provide equivalent facilitation (e.g., by posting a notice that visitors who use wheelchairs may sign in at the employee desk to the right). § 7.2(2).

(4) The table in suite 102-A has a knee clearance that is 25 inches high. Provide a writing surface that can be used by a person who uses a wheelchair. See Standards § 4.32.3.

(5) The table in suite 104 has a knee clearance that is 25-3/4 inches high at
4 1/2 inches in from the edge of the table . Provide a writing surface that can be used by a person who uses a wheelchair. See Standards § 4.32.3.

(6) The table in suite 106 has a knee clearance that is 25 1/2 inches high. Provide a writing surface that can be used by a person who uses a wheelchair. See Standards § 4.32.3.

d. Public Telephones

(1) There are two exterior phones and three phones on the 1st floor of the building. The highest operable parts of the exterior phones are 55 12 inches above the ground; they have volume control but are not hearing aid compatible. The interior phones have their highest operable parts at 65 inches above the floor, and are neither hearing aid compatible nor equipped with volume control.

Provide at least one public telephone that has its highest operable part within the reach ranges of a person who uses a wheelchair, is hearing aid compatible, and is equipped with volume control and signage identifying it as such. §§ 4.1.3(17), 4.30.7(2), 4.31.2 through 4.31.8, 4.2.5, 4.2.6.

(2) Because there are five public pay telephones that serve the building, provide at least one interior public text telephone (e.g., TTY/TDD) in compliance with the Standards. §§ 4.1.3(17)(c)(i), 4.31.9

37. The DOES shall complete the following modifications to its Labor Standards/Workers Compensation office within one year of the effective date of this Agreement:

a. There are six public parking spaces and one accessible space currently used by an employee. Alter the spaces to provide at least one van-accessible parking space for public use at least 96 inches wide that is served by an access aisle at least 96 inches wide and identified by an additional van-accessible sign mounted below the symbol of accessibility. §§ 4.1.2(5)(b), 4.6.4, 4.30.7.

b. Men’s and Women’s Toilet Rooms
(applies to both unless otherwise noted)

(1) The coat hook in the designated accessible stall is located 62-64 inches above the finish floor. Provide a coat hook that is not more than 54 inches above the finish floor for a side approach. §§ 4.25.3, 4.2.6.

(2) The length of the rear grab bar in the designated accessible stall (women’s) is 30 inches. The rear grab bar in the designated accessible stall (men’s) is 25 inches and is mounted so that the end closer to the side wall is 22 inches from that wall. Provide a rear grab bar that is at least 36 inches long, with the end closer to the side wall mounted no more than 6 inches from the side wall. § 4.17.6 & Fig. 30(a), (c).

(3) The side grab bar in the designated accessible stall (men’s) extends 47 inches from the back wall. Reposition or replace the grab bar so that one end begins no more than 12 inches from the back wall, it is at least 40 inches long, and it extends at least 52 inches from the back wall. § 4.17.6 & Fig. 30(a), (d).

(4) The height of the toilet in the accessible stall (men’s) is 15 1/2 inches from the finish floor to the top of the seat. Replace the toilet or the seat so that the top of the seat is between 17 and 19 inches from the finish floor.
§ 4.16.3 & Fig. 29(b).

(5) The toilet paper dispenser in the designated accessible stall (men’s) is located 40 1/2 inches from the back wall. Provide a dispenser under the side grab bar so that the farthest edge of the toilet paper roll is located no more than 36 inches from the back wall and its centerline is no less than 19 inches from the finish floor. § 4.17.3 & Fig. 30(d).

(6) The hot water and drain pipes on the designated accessible lavatory (men’s) are incompletely insulated and not otherwise configured to protect against contact. Install insulation on the pipes. § 4.19.4.

(7) The mirror (men’s) is mounted so that the bottom edge of the reflecting surface is 47 1/2 inches above the floor. Provide a mirror with the bottom edge of its reflecting surface no higher than 40 inches above the finish floor. § 4.19.6 & Fig. 31.

(8) The soap dispenser (women’s) is mounted 57 inches above the floor. Provide a dispenser and appropriate clear floor space within the reach ranges of a person who uses a wheelchair. §§ 4.27.3, 4.2.5, 4.2.6.

(9) The entry door has knob hardware, requires 12 pounds of force to open (women’s), and has a 43 1/2 inch deep maneuvering clearance on the pull side (women’s).

Replace the handle with hardware that is easy to grasp with one hand and does not require tight grasping, pinching, or twisting of the wrist to operate. Check and alter both the men’s and women’s doors, as necessary, so that the force required to open the door is not more than 5 pounds. Alter the door to provide the minimum maneuvering clearances on both sides of the door, or provide an automatic door opener. §§ 4.13.11(2)(b), 4.13.9, 4.13.6 & Fig. 25.

(10) If restroom signs are provided, they shall have raised characters and Braille and be installed on the wall adjacent to the latch side of the door so that the centerline of the sign is 60 inches above the finish floor and a person can approach within 3 inches of the sign without encountering protruding objects or standing within the swing of a door. §§ 4.1.3(16)(a), 4.30.1, 4.30.4, 4.30.5, 4.30.6.

c. The hallway from the waiting area to hearing room 117 has a slope that is 1:5.4 and a cross slope near the wall of 1:4.5. Alter the hallway so that the slope is no greater than 1:12 and the cross slope is no greater than 1:50, and install handrails in compliance with the Standards. §§ 4.8, 4.26.

d. The table in the attorney meeting room has knee space that is 25 1/2 inches high. Provide a writing surface that can be used by a person who uses a wheelchair. See Standards § 4.32.3.

e. There is a 7 inch change in level from the floor to the judge’s dais in hearing room 117. Lower the judge’s station to floor level or install a ramp that complies with the Standards. §§ 4.5.2, 4.8.

f. The party tables in hearing room 117 have knee space that is 25 1/2 inches high. Provide a writing surface that can be used by a person who uses a wheelchair. See Standards § 4.32.3.

IMPLEMENTATION AND ENFORCEMENT

38. Except as otherwise specified in this Agreement, at 90 and 180 days after the effective date of this Agreement, and thereafter at yearly anniversaries of the effective date, the DCRA, or DOES, as appropriate, will submit written reports to the Department summarizing the actions that the DCRA, or DOES, as appropriate, has taken pursuant to this Agreement. Reports will include photographs, architectural plans, notices published in the newspapers, copies of adopted policies, and proof of efforts to secure funding/assistance for structural renovations.

39. If at any time the DCRA or DOES desires to modify any portion of this Agreement because of changed conditions making performance impossible or impractical or for any other reason, it will promptly notify the Department in writing, setting forth the facts and circumstances thought to justify modification and the substance of the proposed modification. Until there is written Agreement by the Department to the proposed modification, the proposed modification will not take effect. These actions must receive the prior written approval of the Department, which approval shall not be unreasonably withheld or delayed.

40. The Department may review compliance with this Agreement at any time. If the Department believes that this Agreement or any portion of it has been violated, it will so notify the DCRA or DOES, as appropriate, in writing and it will attempt to resolve the issue or issues in good faith. If the Department is unable to reach a satisfactory resolution of the issue or issues raised within 30 days of the date it provides notice to the DCRA or DOES, it may institute a civil action in federal district court directly to enforce title II or to enforce the terms of this Agreement, or it may initiate appropriate steps to enforce section 504 of the Rehabilitation Act.

41. Failure by the Department to enforce this entire Agreement or any provision thereof with regard to any deadline or any other provision herein shall not be construed as a waiver of the Department's right to enforce other deadlines and provisions of this Agreement.

42. In the event that the DCRA or DOES fails to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department for a temporary modification of the relevant terms of this Agreement, the Department may file suit in an appropriate federal court to enforce the terms of the Agreement, may declare the Agreement null and void and file suit to enforce title II of the ADA, or may initiate appropriate steps to enforce section 504 of the Rehabilitation Act.

43. This Agreement is a public document. A copy of this document or any information contained in it may be made available to any person by the DCRA, DOES, or the Department on request.
44. The effective date of this Agreement is the date of the last signature below.

45. 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, shall 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 the continuing responsibility of the DCRA, and DOES to comply with all aspects of the ADA.

46. This Agreement will remain in effect for two years from the effective date of this Agreement, or until the parties agree that full compliance with this Agreement by the District has been achieved.

47. The persons signing for the D.C. Department of Consumer and Regulatory Affairs and for the D.C. Department of Employment Services represent that they are authorized to bind their respective Departments to this Agreement.


For the D.C. Department of Consumer
and Regulatory Affairs:
 For the United States:
CARLYNN FULLER
Interim Director



__________________________________
For the D.C. Department of
Employment Services:



__________________________________
GREGG IRISH
Director



Date ______________________
 WILLIAM R. YEOMANS,
Acting Assistant Attorney General
Civil Rights Division



By: ______________________________
JOHN L. WODATCH, Chief
ALLISON NICHOL, Deputy Chief
SUSAN B. REILLY, Deputy Chief
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, DC 20035-6738


Date ______________________


Return to Project Civic Access

 

April 10, 2001