SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND 360 FEDERAL CREDIT UNION UNDER THE AMERICANS WITH DISABILITIES ACT

BACKGROUND

1. This Settlement Agreement is made by and entered into between the United States of America and 360 Federal Credit Union ("THE CREDIT UNION"). The Agreement resolves an investigation of THE CREDIT UNION conducted by the United States Department of Justice (United States or Department) under title III of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12181 - 12189, and its implementing regulation, 28 C.F.R. pt. 36.

2. The United States initiated its investigation of THE CREDIT UNION after receiving a complaint made by an individual who is deaf or hard of hearing. The complainant alleged that THE CREDIT UNION is in violation of title III of the ADA because it maintains a policy against accepting third party calls, including relay calls.

3. The United States investigated the complaint under the authority granted by the ADA, 42 U.S.C. § 12188(b)(1)(A)(i) and 28 C.F.R. § 36.502.

4. During the investigation, THE CREDIT UNION admitted that it does not accept relay calls due to security concerns, but denied that it had received any relay calls in the past three years.

5. The United States has concluded that THE CREDIT UNION violated title III of the ADA. THE CREDIT UNION denies that it violated title III of the ADA or any other law.

6. The Attorney General of the United States is authorized to enforce title III of the ADA by seeking monetary relief for aggrieved persons, civil penalties, and full compliance with title III provisions, such as requiring public accommodations to make reasonable modifications to policies, practices, and procedures and provide auxiliary aids and services, 42 U.S.C. § 12188(b) 28 C.F.R. § 36.504. The Attorney General may commence a civil action to enforce title III in any situation where he has reasonable cause to believe that a pattern or practice of discrimination exists or a matter of general public importance is raised. 42 U.S.C. § 12188(b)(1)(B); 28 C.F.R. § 36.503.

7. THE CREDIT UNION owns and operates places of public accommodation in multiple locations in Connecticut. Therefore, THE CREDIT UNION is a public accommodation as defined in section 301(7)(F) of the ADA, 42 U.S.C. § 12181(7)(F) and its implementing regulation, 28 C.F.R. § 36.104.

8. Title III of the ADA and the title III implementing regulation prohibit discrimination on the basis of disability by public accommodations. 42 U.S.C. § 12182; 28 C.F.R. § 36.201. Specifically, title III requires public accommodations to provide auxiliary aids and services when necessary to ensure effective communication with individuals with disabilities. 42 U.S.C. § 12182(b)(2)(A)(iii); 28 C.F.R. § 36.303. Title III also requires public accommodations to make reasonable modifications to policies, practices, or procedures when such modifications are necessary to afford goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities. 42 U.S.C. § 12182(b)(2)(A)(ii); 28 C.F.R. § 36.302(a).

9. In consideration of the terms of this Agreement, the United States agrees to refrain from undertaking further investigation or filing a civil lawsuit in this matter regarding the allegations of Department of Justice complaint DJ # 202-14-182, except as provided in the Enforcement section of this Agreement.