Department of Justice FOR IMMEDIATE RELEASE CR MONDAY, MARCH 25, 1996 (202) 616-2765 TDD (202) 514-1888 RED CROSS AGREES TO MAKE CPR CLASSES ACCESSIBLE TO INDIVIDUALS WHO ARE DEAF WASHINGTON, D.C. -- People who are deaf will now be able to fully participate in CPR classes, under an agreement reached today between the Justice Department and the San Francisco Bay Area Red Cross. Today's agreement stems from a complaint filed with the Justice Department in June 1995 by Mary Skyer of San Francisco. Skyer, who is deaf and uses a sign-language interpreter to communicate, contacted the Red Cross in San Francisco to inquire about signing up for a CPR course. At that time, the Red Cross told her she could register for the course but they could not provide an interpreter, which meant that Skyer would be unable to understand the instructions. Today's agreement resolves the complaint under the Americans with Disabilities Act (ADA). "This settlement will mean that more Americans will learn how to save lives," said Assistant Attorney General Deval Patrick. "I applaud the Bay Area Red Cross for acting promptly and for taking steps to ensure that people with disabilities have the same access to CPR training that everyone else has." (MORE) SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND BAY AREA AMERICAN RED CROSS DEPARTMENT OF JUSTICE COMPLAINT NUMBER 204-11-49 Background 1. This matter was initiated by a complaint filed under title III of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. SS 12181-89, and the title III regulation, 28 C.F.R. pt. 36, with the United States Department of Justice (Department of Justice) against the Bay Area American Red Cross (Red Cross). The complaint was investigated by the Department under the authority granted by section 308(b) of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. S 12188. The complainant, who is deaf and uses sign language to communicate, alleged that the Red Cross failed to provide effective communication with her because it denied her request for an interpreter for a First Aid and C.P.R. course given by Red Cross. 2. The parties to this Agreement are the United States of America and the Bay Area American Red Cross. This Agreement is not an admission of violation and should not be construed as an admission by the Red Cross of any violation. 3. In order to avoid litigation, the parties have agreed to resolve this matter as indicated below. 4. The subject of this settlement agreement is the provision by the Red Cross, without charge, of auxiliary aids and services to individuals with disabilities when necessary to afford effective communication to allow individuals with disabilities to participate in the programs, services or activities conducted by the Red Cross. Jurisdiction 5. The ADA applies to the Red Cross because it is a public accommodation as defined by the ADA, 42 U.S.C. S 12181 and 28 C.F.R. S 36.104. Remedial Action 6. The Red Cross shall offer to Ms. Skyer, free of charge and at her convenience, the opportunity to participate in a First Aid and C.P.R. course with a qualified interpreter to be provided by Red Cross. 7. In order to ensure that individuals with disabilities are not excluded or otherwise denied participation in Red Cross's programs and services and in order to enable effective communication with members of the public who are deaf or hard of hearing, the Red Cross agrees: a. To take those steps necessary to ensure that no individual with a disability is excluded or denied services because of the absence of auxiliary aids or services as required by the ADA. This requirement shall include, but is not limited to, providing sign language interpreters for individuals who are deaf or hearing impaired. See 42 U.S.C. S 12182(B)(2)(A)(iii), and other relevant provisions. b Red Cross shall maintain an efficient procedure to receive and process the requests of individuals with disabilities for auxiliary aids and services and to consult promptly with individuals regarding their requests and needs. 8. Red Cross shall inform members of the public about its procedure for the provision of auxiliary aids and services to individuals with disabilities by distributing information about this procedure in pamphlets, posters or other appropriate means. 9. Within 15 days of the effective date of this Agreement, the Red Cross shall provide its employees and volunteers with a document describing its ADA compliance policy relating to requests for accommodations from individuals with disabilities who are participating or requesting to participate in American Red Cross programs. (Copy attached). 10. Within 90 days of the effective date of this Agreement, the Red Cross shall submit a report to the Department of Justice detailing the actions it has taken to comply with the preceding provisions. 11. This agreement is a public document. A copy of this document or any information contained in it may be made available to any person. 12. The Department of Justice may review compliance with this Agreement at any time. If the Department of Justice believes that this Agreement or any requirement thereof has been violated, it may institute civil action seeking specific performance of the provisions of this Agreement in an appropriate Federal court. 13. Failure by the Department of Justice to enforce this entire Agreement or any provision thereof with respect to any deadline or any other provision herein will not be construed as a waiver of its right to enforce other deadlines and provisions of this Agreement. 14. The effective date of this Agreement is the date of the last signature below. 15. This Agreement constitutes the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written Agreement, will be enforceable under its provisions. For the Bay Area American For the United States: Red Cross: ROGER W. DICKSON JOHN L. WODATCH Chief Executive Officer JOAN MAGAGNA American Red Cross ALYSE S. BASS Bay Area Chapter Attorneys 1550 Sutter Street Disability Rights Section San Francisco, Ca. 94109 Civil Rights Division U.S. Department of Justice P.O. Box 66738 Washington, D.C. 20035-6738 Date March 5, 1996 Date March 25, 1996 AMERICAN RED CROSS Bay Area : All Paid and Volunteer Staff Date: February 22, 1996 From: Gregg O'Ryon Subject: Compliance with Americans with Disability Act The 1992 Americans with Disabilities Act (ADA) impacts the operations of our Chapter in several ways. Through this memo I would like to remind each of us of our obligations under this law and to reinforce our commitment to the the spirit of the ADA. The ADA was established, in part, to remove barriers and to allow disabled persons to fully participate in society. Title III of the ADA refers to offices, facilities and locations labled as "places of public accommodation". The law states that facilities and services regularly used by the public must be accessible to those who are physically or mentally disabled. Because the American Red Cross provides services to the community, we must comply with the ADA. ILLEGIBLE commitment is to provide Red Cross services to a population with diverse needs. This obligation includes providing reasonable accommodation to all those persons with disabilities who seek access to our Educational programs, Disaster classes, or services from our other programs. The following general recommendations should be followed: * If there is a request for accommodation, discuss possible solutions with the individual. If unsure whether reasonable accommodation can be provided, consult with a supervisory person. Never deny a request without checking. * In general, allow access to anyone seeking services or admission to a course (provided prerequisites are satisfied) regardless of real or perceived inability to participate in or pass the course. * Instructors are advised to tell participants in every course to participate within the limits of their ability and learn as much as they can. For some people, certification may not be important. For those individuals, focus on helping them to learn as much as possible. * All requests for accommodations regarding employment or volunteer opportunities should be referred to Human Resources or a local Volunteer Manager. Additionally, and aside from our legal obligations, inclusiveness in all forms is an essential aspect of our Chapter values and the culture of the American Red Cross Bay Area.