SETTLEMENT AGREEMENT BETWEEN THE
UNITED STATES OF AMERICA AND
LAKERS AQUATIC CLUB, INC.
UNDER THE AMERICANS WITH DISABILITIES ACT
DJ #202-37-228

BACKGROUND

1. The parties to this Settlement Agreement are the United States of America and Lakers Aquatic Club, Inc., which includes the Board of Directors, Executive Board, and coaching staff for the club (hereinafter, “Lakers Aquatic Club”).
2. This matter is based on a complaint sent to the United States Attorney’s Office alleging that Lakers Aquatic Club discriminated against an individual on the basis of her disability and retaliated against her and her family in violation of title III of the Americans with Disabilities Act of 1990, as amended (“ADA”), 42 U.S.C. § 12181 et seq.  Specifically, Complainants allege that Lakers Aquatic Club failed to make reasonable modifications under the ADA for the swimmer, and retaliated against the swimmer and her family because they requested a reasonable modification by suspending the swimmer and her family from the Club.
3. The parties have reached agreement that it is in the parties' best interests, and the United States believes that it is in the public interest, to resolve this dispute.   The parties have therefore voluntarily entered into this Agreement, and have agreed to the terms as follows below.

JURISDICTION

4. The United States Department of Justice (“United States”), of which the United States Attorney’s Office is a component, is responsible for enforcing title III of the ADA, 42 U.S.C. §§ 12181 -12189, and its implementing regulation, 28 C.F.R. Part 36.
5. Complainants are an individual with a disability within the meaning of the ADA, and her parents. 42 U.S.C. § 12102; 28 C.F.R. § 36.104. 
6. Lakers Aquatic Club operates a competitive swimming program in Harrison Township and St. Clair Shores, Michigan that  is considered a place of public accommodation covered by title III of the ADA. 42 U.S.C. § 12181 (7)((I)); 28 C.F.R. § 36.104.  Accordingly, Lakers Aquatic Club, as a public accommodation, is obligated to comply with the requirements of title III of the ADA.  Id. 
7. The ADA prohibits retaliation against any individual for opposing any act or practice made unlawful by the ADA,.  See 42 U.S.C. § 12203(a).  Specifically, the ADA’s implementing regulations prohibit “intimidating or interfering with an individual with a disability who is seeking to obtain… accommodations of a public accommodation…[or] Intimidating or threatening any person because that person is assisting or encouraging an individual or group to claim the rights granted or protected by [the ADA].”; 28 C.F.R. §36.206 (c)(2)-(3).
8. Ensuring that places of recreation do not discriminate or retaliate against individuals on the basis of disability is an issue of general public importance.  The United States is authorized to investigate alleged violations of title III of the ADA and to bring a civil action in federal court in any case that involves a pattern or practice of discrimination or that raises issues of general public importance.
9. Lakers Aquatic Club has fully cooperated with the United States’ investigation.
10. In consideration of the terms of this Agreement, the United States agrees to refrain from undertaking further investigation or filing of a civil suit in this matter, except as provided in the Enforcement Section of this Agreement.

    REMEDIAL ACTION

11. Consistent with the ADA, Lakers Aquatic Club will not discriminate against any individual, including swimmers and their family members, on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of the club by excluding or providing unequal treatment to persons with disabilities.  42 U.S.C. § 12182.   In addition, Lakers Aquatic Club will not engage in any retaliatory conduct, including retaliating against swimmers or family members who seek to obtain reasonable modifications under the ADA.  42 U.S.C. § 12203(a); 28 C.F.R. §36.206 (c)(2)-(3).
12. Within sixty (60) days of the effective date of this Agreement, Lakers Aquatic Club shall submit a draft policy on providing reasonable modifications to swimmers and/or family members with a disability for the United States' review and approval.  The policy will provide a method by which swimmers and/or family members can seek reasonable modifications for a disability, and include a reasonable timeframe for the club to review the request and respond to the requestor.  The policy will include a statement that the Lakers Aquatic Club will not retaliate against or coerce any individual who is participating in the Club's services, programs or activities, and who is trying to exercise his or her rights under title III of the Americans with Disabilities Act (ADA).  The policy will also provide swimmers and/or family members with an appeal process in the event a request for reasonable modification is denied.
13. Within ten (10) days of the United States' approval of the reasonable modifications policy, Lakers Aquatic Club shall disseminate the policy to all swimmers, family members, Board members and Executive Board members, and post the policy on its website.
14. Within sixty (60) days of the effective date of this Agreement, Lakers Aquatic Club shall submit to the United States for approval, which shall not be unreasonably withheld, the identity of a trainer it seeks to use to provide training to all Board members, Executive Board members and coaches on their obligations under the ADA, including the individual's Curriculum Vitae.  The trainer shall be knowledgeable about title III of the ADA.
15. Within sixty (60 days) of the United States' approval of the reasonable modifications and retaliation policies developed pursuant to paragraph 12 of this Agreement, and of the trainer identified by the club pursuant to paragraph 14 of this Agreement, Lakers Aquatic Club shall employ the approved trainer to provide training to all Board members, Executive Board members and coaches on the policies and their obligations under the ADA.  In addition, training shall be provided to any new Board members, Executive Board members and coaches within sixty (60) days of hire, election, or appointment.  The training will include information about addressing hidden disabilities, such as autism.
16. Within thirty (30) days of the effective date of this Agreement, Lakers Aquatic Club will return all dues and fees paid by the Complainants to the club for membership, swim meets, and any other activities from May through December 2013.
17. Lakers Aquatic Club will notify the United States in writing when it has completed the actions described in paragraphs13, 15, and 16 of this Agreement.  If any issues arise that affect the anticipated completion dates set for such actions, Lakers Aquatic Club will immediately notify the United States of the issue(s).
18. Lakers Aquatic Club shall not discriminate or retaliate against any person because of his or her participation in this matter.

Enforcement

19. During the term of this Agreement, Lakers Aquatic Club will immediately notify the United States if any individual submits a complaint, charge, grievance, or files a lawsuit, alleging that Lakers Aquatic Club failed to provide reasonable modifications to any individual with a disability, or alleging that the Club took retaliatory action in violation of the ADA.  Such notification must be provided in writing within fifteen (15) days of receipt and will include, at a minimum, the nature of the allegation, the name of the individual making the allegation, and any documentation possessed by Lakers Aquatic Club or any of its agents or representatives relevant to the allegation.
20. The United States may review compliance with this Agreement or title III at any time.  If the United States believes that Lakers Aquatic Club 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 Lakers Aquatic Club in writing, and will attempt to resolve the issue or issues in good faith.  If the United 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 Lakers Aquatic Club, it may institute a civil action in federal district court to enforce the terms of this Agreement or title III and may, in such action, seek any relief available under law.
21. Failure by the United States to enforce any provision of this Agreement is not a waiver of its right to enforce other provisions of this Agreement.
22. This Agreement is binding on Lakers Aquatic Club and its agents, employees, board members, shareholders, partners, and associates as long as they are serving in that capacity.
23. This Agreement constitutes the entire agreement between the United States and Lakers Aquatic Club on the matter 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 Lakers Aquatic Club to comply with all aspects of the ADA.
24. This Agreement will remain in effect for three (3) years from its effective date.
25. The effective date of this Agreement is the date of the last signature below.