Settlement | Department of Justice Press Releases

I.    BACKGROUND

1. The parties to this Settlement Agreement (“Agreement”) are the United States of America (“United States”) and the West End YMCA, headquartered at 215 West “C” Street, Ontario, California 91762, and comprised of four associated YMCA branches: (1) Ontario-Montclair YMCA, 215 West “C” Street, Ontario, California 91762; (2) Chino Valley YMCA, 5665 Edison Avenue, Chino, California 91710; (3) Rancho Cucamonga-Fontana YMCA, 10970 Arrow Route - Suite 106, Rancho Cucamonga, California 91730; and (4) Scheu Family YMCA of Upland, 1325 San Bernadino Road, Upland, California 91786.
2. This matter was initiated by a complaint filed with the United States by ****** (“Complainant”) on behalf of her son, ****** (“Complainant’s son”), against the West End YMCA. The complaint alleges that the West End YMCA discriminated against Complainant’s son on the basis of disability, in violation of Title III of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12181- 12189 and its implementing regulation, 28 C.F.R. Part 36. More specifically, the complaint alleged that the West End YMCA failed to make reasonable modifications in policies, practices, and procedures, as necessary to afford Complainant’s son, who has autism, a full and equal opportunity to participate in and benefit from the West End YMCA’s after-school child care program.
3. The Attorney General of the United States (“Attorney General”) is authorized to investigate alleged violations of Title III of the ADA, and to bring a civil action in federal court if the Attorney General 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).
4. The West End YMCA is a place of public accommodation covered by Title III of the ADA. 42 U.S.C. § 12181(7)(K). Among its services, the West End YMCA provides child care services to youth through twelve years of age, including before and after school child care and summer day camp.
5. The ADA prohibits a place of public accommodation 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. Specifically, the ADA prohibits a place of public accommodation from subjecting an individual on the basis of disability to a denial of the opportunity to participate in or benefit from the goods, services, facilities, privileges, advantages, or accommodations of an entity. 42 U.S.C. § 12182(b)(1)(A)(i). Failure to make reasonable modifications in policies, practices, or procedures, when such modifications are necessary to afford such goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities is also discriminatory unless the modifications would constitute a fundamental alteration. 42 U.S.C. § 12182(b)(2)(A)(ii).
6. The parties agree to resolve this matter as set forth below. This Agreement shall not be construed as an admission of liability by the West End YMCA.

II.    TERMS OF AGREEMENT

7. The West End YMCA agrees that it will not discriminate against any individual on the basis of disability with respect to the West End YMCA’s child care services. The West End YMCA will make reasonable modifications in policies, practices, or procedures when such modifications are necessary to afford its child care services and facilities to children with disabilities, unless the modifications would fundamentally alter the nature of its services or facilities.
8. Within thirty (30) days of the effective date of this settlement agreement, the West End YMCA shall designate a person (“ADA Compliance Officer”) who shall have responsibility for ensuring that the policies and procedures set forth in paragraph 9, below, of this Agreement are fully implemented and complied with, as well as reviewing all requests for reasonable modifications that are not granted and any decisions to exclude from enrollment any child with a disability.
9. Within sixty (60) days of the effective date of this Agreement, the West End YMCA shall submit to the United States, for review and approval, written policies and procedures regarding the West End YMCA’s obligations under Title III of the ADA, to be adopted and implemented at each of the West End YMCA’s associated branches. The West End YMCA’s policies and procedures shall, at a minimum, include the following:

   (A)    Adoption of the nondiscrimination policy attached as Appendix A, and inclusion of the policy in the West End YMCA’s employee and parent handbooks.

   (B)   The designation of one individual per branch who is authorized to receive and review requests for modifications to policies, practices, and procedures with respect to child care services. This individual’s contact information shall be publicized in the parent handbook or another manner easily accessible for parents of children with disabilities, and disseminated with application materials provided to parents of prospective enrollees.

   (C)    Information for parents of children with disabilities, explaining how to request modifications to the West End YMCA’s policies, practices, and procedures with respect to child care services. This information shall be publicized in the parent handbook or another manner easily accessible for parents of children with disabilities, and disseminated with application materials provided to parents of prospective enrollees.

   (D)   The West End YMCA shall ensure that its child care application materials do not screen out or tend to screen out applicants with disabilities from fully and equally enjoying the West End YMCA’s services, facilities, privileges, and advantages.

   (E)    The West End YMCA will promptly consider all requests for reasonable modification of policies, practices, or procedures with respect to child care services.

   (F)    Upon receiving a request for a modification, the West End YMCA will initiate a discussion with the parent to determine whether the child has a disability for which he or she needs modification(s) and to explore what modification(s) may be available. Following the discussion, the West End YMCA may:

   (i)    grant the request;

   (ii)    make a narrowly tailored request for medical documentation relating to the child’s disability and any necessary modification(s); or

   (iii)    deny the request. If a request for modification is denied, the West End YMCA will document each and every reason for the denial of the request and shall submit that documentation to the ADA Compliance Officer for review.

   (G)    The West End YMCA will make good faith efforts to provide a response to a request for modification, in writing, no later than ten (10) days from the date the request is received. If a request for reasonable modification is denied, the West End YMCA shall notify the child’s Parent(s) or Guardian(s), in writing, of the reason(s) for the denial.

10. Within sixty (60) days from the date upon which the West End YMCA implements the policies and procedures set forth in Paragraph 9, above, the West End YMCA shall publicize the policies and procedures by distributing them to all associated branches.
11. Within sixty (60) days from the date upon which the West End YMCA implements the policies and procedures set forth in Paragraph 9, above, the West End YMCA shall provide appropriate training to all individuals with responsibility for granting or denying enrollment and/or considering requests for reasonable modification. New employees with comparable responsibilities hired during the term of this Agreement shall be provided comparable training.
12. Within thirty (30) days of the effective date of this Agreement, the West End YMCA will send to the Complainant by certified mail, return receipt requested, or by overnight mail, a copy of the Agreement and the release form attached as Appendix B. Within thirty (30) days of receiving the signed release form, the West End YMCA shall send to the Complainant a check payable to ******, as parent and guardian of the minor ******, for damages in the amount of $6,000.00 (six thousand dollars) pursuant to 42 U.S.C. § 12188(b)(2)(B) and 28 C.F.R. § 36.504(a)(2). The check should be sent by certified or overnight mail to the address provided by the United States. A copy of the check and the accompanying letter shall be sent to counsel for the United States.
13. In consideration of the terms of this Agreement, the United States agrees to close the investigation of the underlying complaint, D.J. No. 202-12C-298, and to refrain from bringing a civil action against the West End YMCA regarding any alleged violation in that complaint, except as provided in Paragraph 16 of this Agreement.

III.    RECORD RETENTION, IMPLEMENTATION AND ENFORCEMENT

14. The West End YMCA shall retain the following records during the term of this Agreement:

    (a)    Copies of all policies and procedures implemented pursuant to Paragraph 9, above;

    (b)    Letters or other written material sent to branches associated with the West End YMCA notifying them of the changes made to their policies, practices, and procedures;

    (c)    Records documenting the training provided to staff of the West End YMCA, including the dates of the training, names and positions of participants, and names of trainers;

    (d)    All documents that come into the West End YMCA’s possession relating to a decision to deny enrollment to a child with a disability, or terminate a child with a disability from a West End YMCA child care program; and

    (e)    All documents that come into the West End YMCA’s possession relating to a decision to deny a reasonable modification for a child with a disability.

15. Within three (3) business days of a decision to deny admission to a child with a disability or deny a requested modification of policies, practices, or procedures for a child with a disability, the ADA Compliance Officer must provide to the United States the documents related to the decision, as indicated in Paragraph 14(d) and (e), above; the identities of all individuals who participated in the decision; and all reasons underlying the decision. This information should be sent by fax or overnight mail to Kathleen Wolfe at the following number or address: 202-305-9775 (fax); U.S. Department of Justice, Disability Rights Section, 1425 New York Avenue, N.W., Washington D.C. 20005.
16. The United States may review compliance with this Agreement at any time and may enforce this Agreement if the United States believes that it or any requirement thereof has been violated. If the United States believes that this Agreement or any portion of it has been violated, it will raise its concerns with the West End YMCA and the parties will attempt to resolve the concerns in good faith. The United States will give the West End YMCA thirty (30) days from the date it notifies the West End YMCA of any breach of this Agreement to cure that breach, prior to instituting any court action. If the parties are unable to reach a satisfactory resolution within that time frame, the United States may bring a civil action in federal district court to enforce this Agreement or Title III, and may in such action seek any relief available under law.
17. Failure by the United States to enforce this entire Agreement or any of its provisions or deadlines shall not be construed as a waiver of the United States’ right to enforce other deadlines and provisions of this Agreement.
18. This Agreement constitutes the entire agreement between the parties, 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 regarding the matters raised herein.
19. A copy of this document may be made available to any person by the West End YMCA or the United States on request.
20. This Agreement shall be in full force and effect for a period of twenty-seven (27) months after the effective date of the Agreement. The effective date of this Agreement is the date of the last signature below.
21. This Agreement shall be binding on the West End YMCA and successors in interest of the West End YMCA. The West End YMCA has a duty to notify all such successors in interest of the existence and terms of this Agreement
22. 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 West End YMCA’s continuing responsibility to comply with all aspects of the ADA.
    
    
    

Agreed and consented to:

FOR THE UNITED STATES OF AMERICA:

WAN J. KIM Assistant Attorney General BY: ___________________________

JOHN L. WODATCH, Chief PHILIP L. BREEN, Special Legal Counsel RENEE M. WOHLENHAUS, Deputy Chief KATHLEEN P. WOLFE, Trial Attorney Disability Rights Section U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, D.C. 20530 (202) 616-9614

Date: __________________________

FOR THE WEST END YMCA:

BY: William B. Hobbs

President/CEO _________________________________ William B. Hobbs, signing for the West End YMCA, represents that he is authorized to bind it to this Agreement.

Date: __________________________

APPENDIX A

NONDISCRIMINATION POLICY UNDER
THE AMERICANS WITH DISABILITIES ACT

In accordance with the requirements of Title III of the Americans with Disabilities Act of 1990, the West End YMCA will not discriminate against any individual on the basis of disability. The West End YMCA will make reasonable modifications in policies, practices, or procedures when such modifications are necessary to afford its services and facilities to individuals with disabilities, unless the modifications would fundamentally alter the nature of its services. The West End YMCA will not exclude any individual with a disability from the full and equal enjoyment of its services and facilities, unless the individual poses a direct threat to the health or safety of others that cannot be eliminated by a modification of policies, practices, or procedures or by the provision of auxiliary aids or services. The West End YMCA will not exclude any individual from the full and equal enjoyment of its services and facilities because of the individual’s association with a person with a disability.

 

APPENDIX B
RELEASE OF ADA CLAIMS
D.J. No. 202-12C-298