SETTLEMENT AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
AND
YMCA OF METRO CHICAGO ASSOCIATION
UNDER THE AMERICANS WITH DISABILITIES ACT

BACKGROUND

1. The parties to this Settlement Agreement are the United States of America and the Young Men’s Christian Association of Chicago (“YMCA of Metro Chicago”).
2. This matter is based upon a complaint filed with the United States Attorney for the Northern District of Illinois alleging that the Leaning Tower YMCA, a member of the YMCA of Metro Chicago, discriminated against an individual with a disability in violation of title III of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12181-12189.  The Complainants allege that the YMCA of Metro Chicago denied their child the opportunity to participate independently in a Leaning Tower YMCA swimming program on the basis of her type 1 diabetes by refusing to train its staff to administer glucagon, an emergency medication needed for treating a life-threatening low blood sugar level.
3. The United States and the YMCA of Metro Chicago have reached an agreement that 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, as set forth below.

TITLE III COVERAGE

4. The Attorney General is responsible for enforcing title III of the ADA, 42 U.S.C. §§ 12181-12189, and the regulation implementing title III, 28 C.F.R. Part 36.
5. The Complainants’ child has type 1 diabetes, a physical impairment that substantially limits one or more major life activities, including the operations of the endocrine system, which is a major bodily function.  The Complainants’ child therefore has a disability within the meaning of the ADA.  See 42 U.S.C. § 12102; 28 C.F.R. § 36.104.
6. The YMCA of Metro Chicago comprises twenty-two YMCAs in the Chicago area that together provide a variety of services to approximately 50,000 children each year.  The YMCA of Metro Chicago’s principal office is located at 1030 West Van Buren Street, Chicago, Illinois 60607.
7. The YMCA of Metro Chicago is a private entity within the meaning of 42 U.S.C. § 12181(6) and is a public accommodation within the meaning of 42 U.S.C. § 12181(7) and 28 C.F.R. § 36.104.  Accordingly, the YMCA of Metro Chicago is a public accommodation subject to title III of the ADA because it owns, leases (or leases to), or operates a place of public accommodation.  See 42 U.S.C. § 12182(a); 28 C.F.R. § 36.104.
8. No public accommodation subject to title III of the ADA may discriminate against an individual on the basis of a disability.  42 U.S.C. § 12182(a); 28 C.F.R. § 36.201.  Discrimination includes the failure to make reasonable modifications in policies, practices, or procedures when necessary to afford goods, services, facilities, privileges, advantages, or accommodations to an individual with a disability, unless a public accommodation can demonstrate that making the modifications would fundamentally alter the nature of its services.  42 U.S.C. § 12182(b)(2)(A)(ii); 28 C.F.R. § 36.302.
9. Absent a showing of fundamental alteration, where an individual and his/her physician or other qualified health care professional deem it appropriate for the individual to be assisted in diabetes care by a layperson based on the current health status of the individual, allowing a trained layperson to assist with diabetes care, including but not limited to the administration of glucagon, would be a reasonable modification under the ADA.  See 42 U.S.C. § 12182(b)(2)(A)(ii); 28 C.F.R. § 36.302.
10. Ensuring that public accommodations do not discriminate against persons with disabilities, including persons with type 1 diabetes, 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.  42 U.S.C. § 12188(b).

UNITED STATES’ FINDINGS

11. As a result of its investigation, the United States has determined:
1. The Complainants’ nine-year-old daughter has type 1 diabetes.  She has been prescribed glucagon injections for use in the rare event that she has severe hypoglycemia and cannot self-administer diabetes treatment.
2. Glucagon is a potentially lifesaving treatment for hypoglycemia (severe low blood sugar).  It works by telling the liver to release sugar (glucose) into the bloodstream to quickly bring the blood sugar level back up.  Glucagon is a pre-measured, injectable, emergency medicine that is intended to be administered by properly trained laypersons.
3. The Complainants’ daughter is also a member of the Leaning Tower YMCA swim team.  She would like to participate on the swim team independently, i.e., without having a family member present to administer glucagon in the case of an emergency.
4. In 2015, the Complainants requested that the YMCA of Metro Chicago train the Leaning Tower YMCA staff to administer glucagon to their daughter in an emergency.  The YMCA of Metro Chicago agreed to make all the modifications requested by the Complainants except it refused to modify its medication administration practices to provide the training on injection of glucagon in an emergency situation.
5. As a result, the Complainants’ daughter could not participate in the Leaning Tower YMCA swim team without being accompanied by a family member.
6. On March 3, 2016, the United States Attorney for the Northern District of Illinois notified the YMCA of Metro Chicago that it had opened an investigation into its decision not to provide glucagon training to Leaning Tower YMCA staff who supervise and coach Complainants’ daughter.
7. On March 4, 2016, the YMCA of Metro Chicago informed the United States Attorney that it would provide the glucagon injection training requested by the Complainants.
8. The YMCA of Metro Chicago subsequently provided glucagon injection training to the Leaning Tower YMCA staff who supervise and coach Complainants’ daughter.
12. The United States has determined that the YMCA of Metro Chicago, through its Leaning Tower YMCA, discriminated against the Complainants’ daughter by denying her, on the basis of disability, the opportunity to participate in or benefit from its goods, services, facilities, privileges, advantages, or accommodations, in violation of 42 U.S.C. § 12182 and 28 C.F.R. § 36.201.  Specifically, the YMCA of Metro Chicago discriminated against the Complainants’ daughter by failing to make reasonable modifications in its policies, practices, or procedures for the administration of medications when necessary to afford her an opportunity to participate in and benefit from its goods, services, facilities, privileges, advantages, and accommodations.  See 42 U.S.C. § 12182(b)(2)(A)(ii); 28 C.F.R. § 36.302.
13. The YMCA of Metro Chicago denies the allegations of the complaint and the determinations of the United States regarding those allegations, and makes no admission of liability in this matter.  Nevertheless, to ensure full compliance with the ADA, the YMCA of Metro Chicago agrees to establish and implement policies and procedures, set forth herein, that are designed to afford individuals with disabilities, including type 1 diabetes, an equal opportunity to participate in and benefit from its services.

ACTIONS TO BE TAKEN BY THE YMCA

14. Pursuant to title III of the ADA and its implementing regulation, the YMCA of Metro Chicago shall not discriminate against any individual on the basis of disability, including type 1 diabetes, in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations offered at any of its current or future locations.  The YMCA of Metro Chicago will make individualized determinations based on the specific circumstances of each request and will not apply a general prohibition against providing particular types of reasonable modifications.
15. Within thirty days of the effective date of this Agreement, the YMCA of Metro Chicago will adopt and enforce the non-discrimination statement attached as Exhibit 1 to this Agreement.  The non-discrimination statement will be posted on the YMCA of Metro Chicago’s website at http://www.ymcachicago.org and on its member YMCA’s websites.
16. Within sixty days of the effective date of this Agreement, the YMCA of Metro Chicago will submit to the United States, for review and approval, written information that explains how individuals with disabilities, or their parents or guardians, may indicate or request the need for modifications to the YMCA of Metro Chicago’s s policies, practices, or procedures when such modifications may be necessary to afford goods, services, facilities, privileges, advantages or accommodations to individuals with disabilities, unless such modifications would fundamentally alter the nature of its services, programs or facilities.  Within thirty days of the United States’ approval, the YMCA of Metro Chicago will publicize the information on its website and its member YMCA’s websites and will disseminate the information to prospective enrollees and current members.
17. Within thirty days of the effective date of this Agreement, the YMCA of Metro Chicago will adopt and implement the policy on diabetes management attached as Exhibit 2 to this Agreement.  The policy on diabetes management will be posted on the YMCA of Metro Chicago’s website and its member YMCA’s websites.  As stated in the policy on diabetes management, the YMCA of Metro Chicago agrees to administer glucagon in accordance with Exhibit 2 of this Agreement.
18. Within ninety days of the effective date of this Agreement, the YMCA of Metro Chicago will conduct any additional training required by the policy on diabetes management attached as Exhibit 2 to this Agreement.
19. The YMCA of Metro Chicago will notify Assistant United States Attorney Virginia O. Hancock, or whoever is designated by the United States Attorney’s Office, counsel for the United States, when it has completed the actions described in paragraphs 15-18.
20. Within fourteen days of receipt of any complaint related to the denial of reasonable modifications that fall within the scope of the ADA, the YMCA of Metro Chicago shall send an email to counsel for the United States with a copy of any such complaint or, if an oral complaint was made, a description of the complaint and the YMCA of Metro Chicago’s response.
21. Within ninety days of the effective date of this Agreement, and on subsequent anniversaries of the effective date of this Agreement, the YMCA of Metro Chicago will provide training on title III of the ADA to all employees and volunteers 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 within thirty days of their start date.  For the duration of this Agreement, the YMCA of Metro Chicago will provide annual, refresher training on the general nondiscrimination requirements of title III of the ADA to all employees with responsibility for granting or denying enrollment and/or considering requests for reasonable modification.
22. All manuals or written materials used in the training, or revised or created during the term of this Agreement, shall be consistent with the provisions of this Agreement, and approved in advance by counsel for the United States.
23. The YMCA of Metro Chicago shall create and maintain an attendance log that documents the name of each individual who attends the trainings, his or her title, and the date he or she attended the training.  Copies of such attendance sheets shall be provided to the United States within ten days of any request for them.

ENFORCEMENT

24. In consideration for the Agreement set forth above, the United States will not institute any civil action alleging discrimination under the ADA based on the allegations raised in DJ # 202-23-296, except as provided in paragraph 25 below.
25. The United States may review the YMCA of Metro Chicago’s compliance with this Agreement at any time.  If the United States believes that this Agreement or any portion of it has been violated, it will raise its concerns with the YMCA of Metro Chicago, and the parties will attempt to resolve the concerns in good faith.  If the parties are unable to reach a satisfactory resolution of the issue(s) raised within thirty days of the date that the United States provides notice to the YMCA of Metro Chicago, the United States may institute a civil action in the appropriate United States District Court to enforce this Agreement or title III of the ADA against the YMCA of Metro Chicago.
26. Failure by the United States to enforce any of the provisions of this Agreement shall not be construed as a waiver of its right to do so with regard to other provisions of this Agreement.
27. If any term of this Agreement is determined by any court to be unenforceable, the other terms of this Agreement shall nonetheless remain in full force and effect, provided, however, that if the severance of any such provision materially alters the rights or obligations of the parties, the United States and the YMCA of Metro Chicago shall engage in good faith negotiations in order to adopt mutually agreeable amendments to this Agreement as may be necessary to restore the parties as closely as possible to the initially agreed upon relative rights and obligations.
28. This Agreement shall be binding on the YMCA of Metro Chicago and its member YMCAs, including all principals, agents, executors, administrators, representatives, employees, successors in interest, beneficiaries, and assignees.  In the event that the YMCA of Metro Chicago seeks to sell, transfer, or assign all or part of its interest during the term of this Agreement, as a condition of sale, transfer, or assignment, the YMCA of Metro Chicago shall obtain the written accession of the successor or assignee to any obligation remaining under this Agreement for the remaining term of this Agreement.¹
29. A signatory to this document in a representative capacity for the YMCA of Metro Chicago represents that he or she is authorized to bind the YMCA of Metro Chicago to this Agreement.
30. This Agreement constitutes the entire agreement between the United States and the YMCA of Metro Chicago on the matters raised herein, and no other prior or contemporaneous statement, promise, or agreement, either written or oral, made by any party or agents of any party, that is not contained in this written agreement, including any attachments, shall be enforceable.  This Agreement can only be modified or amended by mutual written agreement of the parties.
31. This Agreement is not intended to remedy any other potential violations of the ADA or any other law that is not specifically addressed in this Agreement, including any other claims for discrimination on the basis of type 1 diabetes.  Nothing in this Agreement changes the YMCA of Metro Chicago’s obligation to otherwise comply with the requirements of the ADA.
32. The YMCA of Metro Chicago shall not discriminate or retaliate against any person because of his or her participation in this matter.

EFFECTIVE DATE/TERMINATION DATE

33. The effective date of this Agreement is the date of the last signature below.
34. The duration of this Agreement will be two years from the effective date.