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 (ADA). The agreement resolves a complaint referred to the US 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 US 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.