U.S. Department of Justice Civil Rights Division Washington, D.C. 20530 COMPLIANCE AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE BOARD OF PLUMBING, HEATING AND COOLING EXAMINERS OF ROCKLAND COUNTY, NEW YORK DEPARTMENT OF JUSTICE COMPLAINT NUMBER X This matter was initiated by a complaint filed under Title II of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. 12131 - 12134, with the United States Department of Justice, Civil Rights Division, Coordination and Review Section (Department), against the Board of Plumbing, Heating and Cooling Examiners of Rockland County, New York (Board). The complainant, Mr. Cosimo Chindemi, asserts that he is unable to read because he has dyslexia. He alleges that he has requested accommodations to enable him to take the written portion of the master plumber and heating contractor's licensing exam, which he must pass in order to obtain a master plumber and heating contractor's license, but that his requests have been denied. Mr. Chindemi asserts that the Board's failure to either provide him with a reader for the exam, or to allow him to take the exam orally, discriminates against him on the basis of his disability, in violation of Title II. The Department investigated this matter and issued the attached Letter of Findings concluding that the Board had violated Title II of the ADA by failing to provide the requested accommodations. To resolve this matter, the parties have entered into this Compliance Agreement. In consideration of the Board's agreement to the terms set forth below, the Attorney General agrees to refrain from undertaking further enforcement action. The parties to this Agreement are the United States of America and the Board of Plumbing, Heating and Cooling Examiners of Rockland County, New York. In order to avoid litigation, the parties hereby agree as follows: 01-06635 - 2 - 1. The ADA applies to the Board of Plumbing, Heating and Cooling Examiners of Rockland County because it is a public entity as defined in 42 U.S.C. 12131. 2. The Board operates the master plumber and heating contractor's licensing program. 3. Title II of the ADA prohibits discrimination against qualified individuals with disabilities on the basis of disability in the services, programs, or activities of a public entity, such as the Board's licensing program. 4. Under the ADA, the Board cannot administer its licensing program in a manner that subjects qualified individuals with disabilities to discrimination on the basis of disability. 28 C.F.R.  35.130(b)(6). Further, the Board must make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity. 28 C.F.R.  35.130 (b)(7). 5. The subjects of this Compliance Agreement are the provision of accommodations on the written portion of the licensing examination for Mr. Chindemi so that he has an equal opportunity to pass the exam, and the development and adoption of a non-discrimination policy by the Board for individuals with disabilities who may seek accommodations on the licensing examination in the future. 6. Beginning with the next examination date, the Board will grant Mr. Chindemi's requests for accommodations (i.e., the provision of a qualified reader or by allowing him to take the exam orally) on the written portion of the master plumber and heating contractor's licensing examination. Depending upon the agreed-upon accommodation (i.e., the provision of a reader or the use of an oral examination), the Board will also grant Mr. Chindemi extra time as necessary given the accommodations provided. 7. The Board shall develop and issue a written policy (hereinafter "written policy") that states that the Board shall not discriminate on the basis of disability. The written policy shall include the name and telephone number of the ADA Coordinator responsible for the Board and contain a general description of the applicable ADA grievance procedures. 8. The written policy shall include the following statement: "Pursuant to the requirements of Title II of the Americans with Disabilities Act, the Board of Plumbing, Heating and Cooling Examiners of Rockland County, New York, will not discriminate against individuals with disabilities on the basis 01-06636 - 3 - of disability (including individuals with learning disabilities seeking accommodations) in the Board's services, programs, or activities." 9. Within fifteen (15) days of the execution of this Agreement, the Board shall submit a copy of the final written policy complying with paragraphs 7 and 8 to the Department for review and approval. 10. Within fifteen (15) days of Departmental approval of the written policy, the Board shall disseminate the policy to all Board staff and include it in all written materials available to license applicants regarding the licensing procedures or the examination. 11. If at any time the Board desires to modify any portion of this Agreement because of changed conditions making performance impossible or impractical or for any other reason, it shall promptly notify the Department in writing, setting forth the facts and circumstances thought to justify modification and the substance of the proposed modification. Until there is written agreement by the Department to the proposed modification, the proposed modification shall not take effect. 12. If the Department determines that this Agreement or any requirement thereof has been violated, it may institute a civil action seeking specific performance of the provisions of this Agreement and other appropriate relief in any appropriate Federal court. 13. Failure by the Department to enforce this entire Agreement or any provision thereof with regard to any deadline or any other provision herein shall not be construed as a waiver of the Department's right to enforce other deadlines and provisions of this Agreement. 14. In the event that the Board fails to comply in a timely manner with any requirement of this Agreement without obtaining sufficient advance written agreement with the Department as a temporary modification of the relevant terms of this Agreement, all terms of this Agreement shall become enforceable in an appropriate Federal court. 15. This Agreement is a public document. A copy of this Agreement or any information contained in it may be made available to any person by the Board or the Department on request. 01-06637 - 4 - 16. The Board does not admit by the signing of this Agreement that the operation of its current services, policies, or practices is in violation of the ADA or its implementing regulations. 17. The effective date of this Agreement is the date of the last signature below. 18. 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, shall be enforceable. This Agreement does not purport to remedy any other potential violations of the ADA or any other Federal law. This Agreement does not affect the Board's continuing responsibility to comply with all aspects of the ADA. For the Board: For the United States: (Signature) (Signature) Robb Wolfson ___________________________ __________________________ John L. Wodatch, Chief Joan A. Magagna, Deputy Chief Sara Kaltenborn, Attorney Robb Wolfson, Investigator Disability Rights Section Civil Rights Division U.S. Department of Justice Date 7/6/95 Date 8/24/95 01-06638 Department of Justice FOR IMMEDIATE RELEASE CR THURSDAY, AUGUST 24, 1995 (202) 616-2765 TDD (202) 514-1888 PLUMBER NOW ABLE TO TAKE LICENSING EXAM ACCORDING TO AN AGREEMENT UNDER THE AMERICANS WITH DISABILITIES ACT WASHINGTON, D.C. -- A man with a learning disability from Rockland County, New York who has 42 years of plumbing experience will now be able to take a licensing examination orally in place of the county's written test, according to a settlement under the Americans with Disabilities Act (ADA), the Justice Department announced. A county license is a prerequisite for ownership of a plumbing and heating mechanic business in Rockland County. Cosimo Chindemi has worked in the plumbing trade for 42 years and owned his own business until the time shortly after Rockland County passed its licensing law in the late 1960's. Chindemi has dyslexia, a learning disability which causes an individual to perceive letters and numbers in disordered fashion. Because of his disability, he was unable to adequately read the examination and had asked, for over 23 years, that it be given orally or that he have it read to him. Until now, the Rockland County Board of Plumbing, Heating, and Cooling Examiners had denied his requests for accommodation. (MORE) 01-06639 - 2 - "The ADA protects persons with disabilities from unfair restrictions," said Assistant Attorney General for Civil Rights Deval L. Patrick. "The law ensures that an individual has the opportunity to demonstrate the knowledge and skills he or she has acquired and to fulfill the dream of business ownership." Over the past 23 years Chindemi continued working as a plumber, and received numerous recommendations attesting to his expertise both as a plumber and a heating mechanic. He even installed the plumbing system in the building which houses the board. Under the ADA, a licensing board that requires passage of a test as a condition for receiving a license must make necessary accommodations to insure that the test is measuring an individual's knowledge and abilities rather than merely reflecting a disability. According to the settlement, the Board will allow Chindemi to take the exam orally at the next available testing date. The settlement also requires the board to develop and publicize a policy stating that it will not discriminate against individuals with disabilities. # # # 95-454 01-06640