Rochester allergy clinic reaches settlement over ADA miscues

CONCORD - A settlement agreement has been reached with the Allergy and Asthma Center ("the Center") in Rochester to resolve allegations that it violated the Americans with Disabilities Act.

"The ADA ensures that persons with disabilities can live their life free of discrimination," said U.S. Attorney Jane E. Young. "The ADA's requirement that public accommodations provide the necessary auxiliary aids and services to ensure that communication is effective protects individuals' independence and freedom of choice. The U.S. Attorney's Office will continue to use every resource and tool available to us to enforce the ADA and protect the rights of Granite Staters."

The agreement resolves a complaint referred to the U.S. Attorney's Office that the Center discriminated against a parent, who is deaf. According to the complainant, the Center canceled a child's scheduled medical appointment after learning that the complainant, who planned to accompany their child to the appointment, would require a qualified ASL interpreter or similar accommodation for effective communication. The Center's failure to timely accommodate the complainant resulted in an appreciable delay in care for the child after the complainant had to seek treatment for the child at a different provider.

Under the terms of the 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. Additionally, the Center has agreed to pay compensatory damages to the complainant and their child.

Title III of the ADA prohibits discrimination against people with disabilities in places of public accommodation, including medical clinics. It 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.

The Center fully cooperated with the government's investigation.

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. For more information on the ADA, visit www.ada.gov or call the Justice Department's toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TDD).