Examples of Case Resolutions

• Schenectady County Department of Social Services (SCDSS), Schenectady, New York - OCR secured a signed Voluntary Resolution Agreement which resolves a disability discrimination complaint against SCDSS, a social services agency serving the 150,818 residents of Schenectady County, one of the fastest growing counties in upstate New York. The complainant, who has a mobility impairment and walks with a cane, reported that structural barriers make SCDSS's offices at 487 Nott Street and 104 Erie Boulevard inaccessible to individuals with physical disabilities; and that SCDSS had failed to designate an employee to coordinate its compliance efforts under Section 504 of the Rehabilitation Act of 1973 (Section 504), and Title II of the Americans with Disabilities Act of 1990 (Title II of the ADA). After receiving the complaint, OCR's Region II New York office conducted a thorough investigation, including surveys of the SCDSS offices to identify architectural barriers. OCR and SCDSS established the following objectives under the agreement: (1) physical accessibility of SCDSS' new 797 Broadway office, which is currently being constructed to be a fully accessible office space free of architectural barriers; (2) structural modifications at SCDSS' existing 104 Erie Boulevard office to ensure the physical accessibility of its parking lot, entrance doors and public restroom; (3) the implementation of interim procedures to ensure program accessibility at SCDSS' existing 487 Nott Street office, including establishing a dedicated telephone line so that individuals with disabilities can be served, if possible, within 24 hours and posting outside signage with the telephone number and a statement that services are available at other locations; (4) a notice informing consumers of their rights and responsibilities under Section 504 and/or Title II of the ADA be developed and distributed; (5) establishment and publishing of procedures for consumers to file grievances alleging disability discrimination under Section 504 and/or Title II of the ADA; (6) the appointment of a senior SCDSS staff member to coordinate its compliance efforts under Section 504 and/or Title II of the ADA, train SCDSS employees on approaches to prevent and/or address disability discrimination, and respond timely to grievances filed by consumers alleging disability discrimination; and (7) the provision of regular compliance reports by SCDSS to OCR for the one year term of the agreement. Read the SCDSS Agreement  Read the Press Release

• Scottsdale Healthcare – Osborn (SHO) - OCR secured a signed Resolution Agreement that resolves a disability discrimination complaint against SHO, a 337-bed hospital and trauma center, serving 150,000 patients each year in Scottsdale, Arizona. The complainant, who has severe hearing loss, reported that she was denied a sign language interpreter when treated in the SHO emergency room and intensive care unit. After receiving her complaint, OCR's Region IX office conducted an investigation. To resolve the matter, SHO agreed to: (1) affirm its compliance with Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794; (2) issue and post revised policies to ensure that appropriate auxiliary aids, including sign language interpreters or video interpretation services, are provided to deaf or hard-of-hearing patients or companions within a two hour time period; (3) develop procedures to assess the sign language interpreter needs of patients or companions; (4) train hospital personnel and physicians on its revised policies and procedures to ensure effective communication; (5) place TTY lines throughout its facility; (6) maintain a centralized telecommunication number 24-hours per day, 7-days per week for sign language interpreter requests; and (7) provide regular compliance reports to OCR. Read the SHO Resolution Agreement 

• Sullivan County Department of Family Services (DFS) – The complainant, who is deaf and receiving food stamps, reported that DFS staff declined to provide her with a sign language interpreter unless she was willing to pay between $150 and $170 per hour. After receiving her complaint, OCR’s Region II office conducted an investigation of DFS, a New York social services agency serving 4025 food stamp users per month. To resolve the matter, DFS signed an OCR Resolution Agreement, agreeing to: (1) prohibit surcharges on auxiliary aids and services, including sign language interpreters, note takers, assistive listening devices, and computer-assisted real time transcription; (2) affirm its compliance with Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794; (3) designate a Section 504 Coordinator and develop a Section 504 grievance procedure; (4) issue and post revised policies to ensure that requested sign language interpreters are provided to deaf or hard-of-hearing patients or companions within a two hour time period; (5) develop procedures to assess the sign language interpreter needs of patients or companions; (6) train DFS staff on its revised policies and procedures to ensure effective communication; (7) accept relay operator calls; and (8) provide regular compliance reports to OCR.  Read the DFS Resolution Agreement

• Catskill Regional Medical Center (CRMC)  – The complainant, who is deaf, reported that CRMC staff failed to provide her with a sign language interpreter on several occasions. OCR’s Region II office subsequently conducted an investigation of CRMC, which has an emergency response helicopter, a trauma center, and a 162-bed hospital, serving 56,000 patients each year in Sullivan County, New York. To resolve the matter, CRMC signed an OCR Resolution Agreement, agreeing to: (1) prohibit surcharges on auxiliary aids and services, including sign language interpreters, video interpretation services, note takers, assistive listening devices, and computer-assisted real time transcription; (2) affirm its compliance with Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794; (3) designate a Section 504 Coordinator and develop a Section 504 grievance procedure; (4) issue and post revised policies to ensure that appropriate auxiliary aids, including sign language interpreters or video interpretation services, are provided to deaf or hard-of-hearing patients or companions within the time periods set by the New York State Department of Health; (5) develop procedures to assess the sign language interpreter needs of patients or companions; (6) train CRMC personnel on its revised policies and procedures to ensure effective communication; and (7) provide regular compliance reports to OCR.  Read the CRCM Resolution Agreement

• Hanover, Virginia Department of Social Services (the DSS) - OCR worked with a county department of social services to develop and issue a service animal policy so that persons with disabilities who use service animals throughout the county will be able to access social services. OCR found that the policy that the county previously had, requiring documentation of certification of a service animal, violated Section 504 of the Rehabilitation Act and the Americans with Disabilities Act. OCR also determined that DSS violated these laws when it failed to appropriately consider a request for a reasonable modification by a woman with a disability who asked for permission to be accompanied by her “therapy/service” dog in meeting with staff. To ensure that staff would comply with the law and that individuals with disabilities who used service animals would be aware of their rights, DSS agreed to post notices of its new service animal policy in key locations visible to clients and members of the public and to conduct training for all staff on serving people with disabilities, providing reasonable modifications, and understanding and applying the new service animal policy. The DSS also committed to inform all new hires of its service animal policy and to periodically the training and policies. DSS took these steps within six weeks of receiving the letter from OCR, informing DSS of the violation findings. As a result of these actions, not only persons with disabilities who use service animals, but all persons with disabilities who reside in this county of almost 100,000 people, will have access to the variety of social service programs and benefits that the county offers.  Read the DSS Letter of Findings