The Allergy and Asthma Center in Rochester, New Hampshire has settled a disability discrimination case with the U.S. Attorney’s Office. The case involves a complaint that the Center discriminated against a deaf parent who had scheduled a medical appointment for their child.
According to the complaint, the Center canceled the appointment after learning that the parent would require a qualified American Sign Language (ASL) interpreter or similar accommodation for effective communication. The Center’s failure to timely accommodate the parent resulted in an appreciable delay in care for the child after the parent had to seek treatment for the child at a different provider.
The U.S. Attorney’s Office alleges that the Center’s actions violate Title III of the Americans with Disabilities Act (ADA), which prohibits discrimination against people with disabilities in places of public accommodation, including medical clinics.
The ADA requires places of public accommodation to provide the necessary auxiliary aids and services to ensure that communication is effective. Such aids and services can include ASL interpreters for individuals who are deaf or hard of hearing and must be paid for by the place of public accommodation.
Under the terms of the settlement agreement, the Center has agreed to adopt new ADA policies and practices regarding effective communication and securing qualified interpreters for patients; train its staff on these policies; track future requests for auxiliary aids or services; and cooperate with the U.S. Attorney’s Office to ensure ongoing compliance with the terms of the settlement agreement.
The Center has also agreed to pay compensatory damages to the complainant and their child. The U.S. Attorney’s Office will continue to use every resource and tool available to enforce the ADA and protect the rights of Granite Staters.
Assistant U.S. Attorney Matthew Vicinanzo handled the case. Any member of the public who wishes to file a complaint alleging that a place of public accommodation or public entity in New Hampshire is not accessible to persons with disabilities may contact the U.S. Attorney’s Office at (603) 225-1552 or through the Civil Rights Public Complaint Form found here.
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Key Facts
- State: New Hampshire
- Category: Public Corruption, Human Rights
- Source: DOJ Press Release â†â€â€
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