Vanessa Roberts Avery, United States Attorney for the District of Connecticut, announced on November 27, 2024, that the US Attorney’s Office had reached a settlement agreement with a behavioral health provider in New London. The settlement resolves allegations that the provider was not in compliance with the Americans with Disabilities Act of 1990 (ADA).
The settlement stems from an ADA complaint filed by an individual with a disability, who alleged that the provider made them feel unwelcome due to their service animal. Specifically, the provider had requested a license and vaccination record for the service animal and, on one occasion, refused to arrange transportation because of the animal.
Under the terms of the settlement, the provider has agreed to post signage reading “Service Animals Welcome,” implement a Service Animal Policy consistent with the ADA, and provide staff training. Additionally, the provider will compensate the complainant, contingent upon the complainant signing a release.
Compliance Perspective
Issue
The ADA requires healthcare providers to make reasonable modifications to their policies, practices, or procedures to accommodate individuals with disabilities, including allowing service animals in their facilities. Discrimination on the basis of disability is prohibited. While federal law prohibits discrimination in the workplace, most states have enacted their own additional laws regarding disability discrimination. It is essential that administration and human resources are aware of their state-specific laws.
Discussion Points
- Review and update your policies and procedures for permitting service animals into the facility.
- Provide staff training on these policies and document the training, maintaining records in each employee’s education file.
- Conduct periodic surveys to ensure staff awareness of procedures for accommodating service animals. For more information about service animals, visit Service Animals | ADA.gov.
*This news alert has been prepared by Med-Net Concepts, Inc. for informational purposes only and is not intended to provide legal advice.*