United States of America v. Associated Foot & Ankle Centers of Northern Virginia - Settlement Agreement

INVESTIGATION AND FINDINGS

4. The United States Attorney for the Eastern District of Virginia (“U.S. Attorney’s Office”) is authorized under 42 U.S.C.§ 12188 and 28 C.F.R. Part 36, Subpart E, to investigate the allegations of the complaint in this matter to determine AFAC’s compliance with title III of the ADA. The U.S. Attorney’s Office has the authority to, where appropriate, negotiate and secure voluntary compliance agreements, and to bring civil actions enforcing title III of the ADA should it fail to secure voluntary compliance.

5. Complainant is deaf and as such is an individual with a “disability” within the meaning of the ADA. 42 U.S. C. § 12102; 28 C.F.R. § 36.104.

6. AFAC is a professional corporation which operates a podiatry practice that is licensed by the Commonwealth of Virginia. AFAC is a “public accommodation” within the meaning of title III of the ADA. 42 U.S.C. § 12181(7)(F); 28 C.F.R. § 36.104.

7. The ADA prohibits discrimination on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a public accommodation. 42 U.S.C. § 12182(a); 28 C.F.R. § 36.201(a).

8. On the basis of its investigation, the U.S. Attorney’s Office determined that AFAC denied K.B. appropriate auxiliary aids and services necessary for effective communication during multiple medical appointments in violation of 42 U.S.C. § 12182(b)(2)(A)(iii); 28 C.F.R. § 36.303.

9. AFAC fully cooperated with the United States Attorney’s Office’s investigation in this matter. This Agreement is neither an admission of liability by AFAC nor a concession by the United States that its claims are not well founded. By entering into this Agreement, AFAC does not admit the allegations in paragraphs 2 and 8, above, or to any violation of law, liability, fault, misconduct or wrongdoing in connection with those allegations. The Parties have determined that the complaint filed with the United States can be resolved without litigation and have agreed to the terms of this Agreement.