United States of America v. Franciscan St. James Health - Settlement Agreement

INVESTIGATION AND FINDINGS

5. The United States Department of Justice (“Department”) 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 the Hospitals’ compliance with title III of the ADA.  It has the authority to bring civil actions enforcing title III of the ADA.

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

7. St. James is a private, non-profit corporation, which owns and operates the Hospitals, licensed by the State of Illinois.  The Hospitals are “public accommodations” within the meaning of title III of the ADA, 42 U.S.C. § 12181(7)(F), and its implementing regulation at 28 C.F.R. § 36.104.

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

9. On the basis of its investigation, the Department determined that Chicago Heights denied the Complainant appropriate auxiliary aids and services necessary for effective communication during treatment at Chicago Heights, in violation of 42 U.S.C. § 12182(b)(2)(A)(iii); 28 C.F.R. § 36.303.  St. James fully cooperated in the Department’s investigation.

10. St. James disputes the findings of the Department.  However, without adopting such facts, expressly or by omission, St. James agrees that it is in the Parties’ interest, and the United States believes that it is the public interest, to resolve this matter expeditiously and without protracted litigation.  Accordingly, the Parties have agreed to resolve this matter as set forth below.