SETTLEMENT UNDER THE AMERICANS WITH DISABILITIES ACT BETWEEN THE UNITED STATES OF AMERICA AND THE CONNECTICUT STATE DEPARTMENT ON AGING

BACKGROUND

SCOPE OF THE INVESTIGATION

The United States Attorney's Office for the District of Connecticut and the United States Department of Justice (collectively the Department) initiated this investigation pursuant to title II of the Americans with Disabilities Act ("ADA"), 42 U.S.C. §§ 12131-12134, and the Department's implementing regulation, 28 C.F.R. Part 35.

JURISDICTION

1. The parties to this Agreement are the United States of America and the State Department on Aging.

2. The ADA applies to the State Department on Aging (SDA) because it is a "public entity" as defined by title II. 42 U.S.C. § 12131(1).

3. The Department is authorized under 28 C.F.R. Part 35, Subpart F, to determine the compliance of the SDA with title II of the ADA and the Department's title II implementing regulation, to issue findings, and, where appropriate, to negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized, under 42 U.S.C. § 12133, to bring a civil action enforcing title II of the ADA should the Department fail to secure voluntary compliance pursuant to Subpart F.

4. In order to avoid the burdens and expenses of an investigation and possible litigation, the parties enter into this Agreement.

5. In consideration of, and consistent with, the terms of this Agreement, the Attorney General agrees to refrain from filing a civil suit in this matter regarding all matters contained within this Agreement, except as provided in the section entitled “Implementation and Enforcement.”