United States of America v. Swedish Edmonds Hospital - Settlement Agreement

II.        INVESTIGATION AND FINDINGS

5. The United States Attorney for the Western District of Washington (“United States Attorney”) is authorized to investigate alleged violations of Title III of the ADA.  28 C.F.R. §§ 36.502, 36.503.  It has the authority to, where appropriate, negotiate voluntary settlements, and to bring civil actions enforcing Title III of the ADA should the terms of the settlement be breached.

6. Complainant J.P. 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.

7. Swedish Edmonds is a “public accommodation” within the meaning of Title III of the ADA, 42 U.S.C. § 12181(7)(F) and its implementing regulations, 28 C.F.R. § 36.104.  The ADA prohibits public accommodations, including hospitals, from discriminating on the basis of disability in the full and equal enjoyment of their goods, services, facilities, privileges, advantages or accommodations.  42 U.S.C. § 12182(a); 28 C.F.R. § 36.201(a).  Discrimination includes failing to take such steps as necessary to ensure that no individual with a disability is excluded, denied services, segregated, or otherwise treated differently than any other individual because of the absence of auxiliary aids and services.  42 U.S.C. § 12182(b)(2)(A)(iii); 28 C.F.R. § 36.303.

8. On the basis of its investigation, the United States Attorney’s Office determined that Swedish Edmonds denied Complainant appropriate auxiliary aids and services necessary for effective communication in violation of 42 U.S.C. § 12182(b)(2)(A)(iii) and 28 C.F.R. § 36.303 during J.P.’s son’s admission and treatment at Swedish Edmonds on April 30, 2013.  Swedish Edmonds fully cooperated with the United States Attorney’s Office’s investigation in this matter.

9. This Agreement is neither an admission of liability by the Hospital nor a concession by the United States that its claims are not well-founded. By entering into this Agreement, the Hospital does not admit the allegations alleged 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.