Department of Justice FOR IMMEDIATE RELEASE CR MONDAY, MARCH 21, 1994 (202) 616-2765 JUSTICE DEPARTMENT SIGNS FIRST FORMAL AIDS DISCRIMINATION SETTLEMENT WITH THE CITY OF PHILADELPHIA UNDER THE ADA WASHINGTON, D.C. -- A Justice Department settlement announced today will ensure that Philadelphia's Emergency Medical Services' personnel no longer refuse to render aid to persons with HIV/AIDS. It is the first formal Justice Department settlement of an AIDS discrimination case under the Americans with Disabilities Act (ADA). The agreement, signed Friday, resolves a complaint filed with the Justice Department alleging that Philadelphia's Emergency Medical Services violated the ADA by refusing to assist a man after they learned he was HIV-positive. According to the complaint, filed by the AIDS Law Project of Pennsylvania, an emergency medical technician (EMT) asked the man, who was lying on the ground and experiencing chest pains, if he was taking any medication. When the man whispered that he was taking AZT, a drug used to treat persons with HIV, the EMT backed away and refused to render aid. The complaint alleged that the emergency medical technicians (EMT's) then told the man to place himself on (MORE) 01-07086 -2- the stretcher even though he was unable to do so. A bystander finally helped the individual onto the stretcher and placed him in the ambulance. Today's agreement requires the city to develop an AIDS awareness training program which can serve as a model for other cities across the country. Under the program, the city will train 2,300 Fire Department employees, including 1,400 fire fighters and 900 EMT's, on how to prevent the transmission of HIV, respect one's right to privacy while rendering medical care, and be sensitive to the needs of persons with HIV/AIDS. Title II of the ADA prohibits State and local governments from discriminating against qualified individuals with disabilities on the basis of their disability in the provision of services to the public. "Today's settlement will send a clear message to all cities across the nation that we will not tolerate discrimination against persons with AIDS," said Acting Assistant Attorney General for Civil Rights James P. Turner. "This Administration is committed to vigorously enforcing the ADA." In addition to training its employees, the agreement requires the city to: * develop and publicize a written policy that prohibits EMT's from discriminating against individuals with HIV/AIDS; * discipline any employee who fails to comply with the city's nondiscrimination guidelines; (MORE) 01-07087 -3- * pay the individual who was denied services $10,000 in compensatory damages and provide him with a formal written apology. "We are pleased with the city's cooperation in resolving this matter," said Turner. "The city voluntarily entered into this settlement under our alternative dispute resolution procedures shortly after we brought the problem to the city's attention." In its budget proposal for 1995, the Justice Department plans to add 22 new positions to the sections that deal with the ADA. It also seeks to increase by 50% the amount of grants that the Justice Department provides to groups that help educate people about the law. Finally, it has begun to train 12 new people to staff an ADA hotline. # # # 94-145 (MORE) 01-07088 SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF PHILADELPHIA, PENNSYLVANIA DEPARTMENT OF JUSTICE COMPLAINT NUMBER This matter was initiated by a complaint filed under Title II of the Americans with Disabilities Act (ADA), 42 U.S.C.  12131-12134, with the United States Department of Justice, Civil Rights Division, Coordination and Review Section (the "Department"), against the government of the City of Philadelphia, Pennsylvania (the "City"). The complainant alleged that he was treated differently and discriminatorily based on his disability status, HIV seropositive, when he requested emergency services from the City. The Department is authorized under 28 C.F.R. Part 35, Subpart F, to investigate fully the allegations of the complaint in this matter to determine the compliance of the City with Title II of the ADA and the Department's Title II regulation, issue findings, and, where appropriate, 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. In consideration of the terms of this agreement as set forth below, the Attorney General agrees to refrain from filing civil suit in this matter. Pursuant to the provision of the ADA entitled "Alternative Means of Dispute Resolution," 42 U.S.C.  12212, the parties have entered into this agreement. The parties to this agreement are the United States of America and the City. Without admitting or assigning any liability and in order to avoid the burdens and expenses of investigation and possible litigation, the parties hereby agree as follows: 1. The ADA applies to the City because it is a public entity as defined in 42 U.S.C. 12131. 2. The City operates a Fire Department. 3. As part of its services, the Fire Department operates Emergency Medical Services (EMS) whereby an individual may call 911 in a medical emergency. 4. If an individual calls 911 and requests the services of EMS, an Emergency Medical Team is sent to the requesting individual. Upon arrival at the requesting individual's location, the Emergency Medical Team may provide, as appropriate, emergency medical treatment and transport the individual to a hospital. 5. 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 City, its Fire Department, and EMS. The City, its Fire Department, and EMS may not deny the benefits of or participation in its programs, services, and activities because of the disability status of the individual requesting such services. An individual is qualified for receipt of the services by EMS if that individual is experiencing a medical emergency within the geographic area served by EMS. 6. Individuals with disabilities include individuals perceived as being seropositive for HIV; those who are seropositive for HIV, whether or not they manifest symptoms of HIV; and those individuals who have AIDS. In addition, the City may not discriminate against those persons who associate with persons diagnosed as being seropositive for HIV or having AIDS. 7. In providing any assistance, benefit, or service, the City, its Fire Department, and its EMS may not deny or limit an individual with a disability from the opportunity to participate fully in or benefit from the assistance, benefits, or services provided, as compared to other individuals requesting those services. 8. The City shall develop a written policy ("written policy") that states that qualified individuals with disabilities shall be given the opportunity to participate fully in or benefit from the assistance, benefits, or services provided by EMS, as compared to other individuals requesting those services. The City shall take measures to ensure that the City and its employees fully comply with the written policy. The City shall take appropriate disciplinary measures against any City employee who fails to comply with the written policy. 9. To achieve the goals of the written policy, the City, within one year of the execution of this agreement, shall conduct mandatory training of EMS employees on the current medical knowledge concerning the manner of the transmission of HIV between one individual to another and the methods of preventing such transmission in a medical emergency. In addition, the City shall conduct mandatory training of EMS employees on the special needs of individuals perceived as being seropositive for HIV or having AIDS, those who are seropositive for HIV, and those who have AIDS. This training shall include instruction on procedures ensuring that the dignity and privacy of such individuals are respected at all times when services are being provided to them by EMS personnel. The City, within thirty (30) days of the execution of this agreement, shall submit to the Department of Justice for review and approval a copy of all training materials and a list of the trainers and their credentials for training. 10. All appropriate City officials responsible for providing emergency medical services (including the Commissioner of the Fire Department and the Director of EMS) shall review and agree to the written policy. 11. Within fifteen (15) days of the execution of this agreement, the City shall provide a formal written apology to the complainant. A copy of this apology shall be provided to the Department. 12. Within ninety (90) days of the execution of this agreement, the City shall pay the complainant for his pain, suffering, and humiliation, the amount of Ten Thousand Dollars ($10,000.00). 13. Within fifteen (15) days of the execution of this agreement, the City shall submit a copy of the final written policy complying with paragraphs 7,8 and 10 to the Department for review and approval. 14. Within fifteen (15) days of Departmental approval of the written policy, the City shall publish a notice of the written policy on two separate occasions in a newspaper of general circulation serving the City, a newspaper primarily serving the Gay and Lesbian community, a newspaper primarily serving the Latino community, and a newspaper primarily serving the African-American community. The notice shall include the name and telephone number of the City's ADA coordinator, a general description of the City's grievance procedures and the address and telephone number of the AIDS Law Project of Pennsylvania. In addition, the notice shall state that "Pursuant to the requirements of Title II of the Americans with Disabilities Act, the City of Philadelphia will not discriminate against individuals on the basis of disability (including individuals perceived as being seropositive for HIV; those who are seropositive for HIV, whether or not they manifest symptoms of HIV; those individuals who have AIDS; and those individuals who associate with persons diagnosed as HIV positive or with AIDS) in the City's services, programs, or activities." 15. Copies of the written policy and notice shall be provided to members of the public upon request and shall be prominently displayed on all bulletin boards in the City Hall and any other building where the City has offices providing programs, services or activities to the public. 16. The City agrees to instruct and provide a copy of the written policy to all its employees who are in any way responsible for conducting any emergency medical services, programs or activities. 17. 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 its right to do so with regard to other deadlines and provisions of this agreement. 18. This document is a public agreement. A copy of this document or any information contained in it may be made available to any person by the City or the Department upon request. 19. The effective date of this agreement is the date of the last signature below. 20. The Department may review compliance with this agreement at any time. If it 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 in an appropriate Federal court. 21. In the event that the City 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. 22. This agreement constitutes the entire agreement between the parties on the matters raised herein, an 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 Americans with Disabilities Act or any other Federal law. This agreement does not affect the City's continuing responsibility to comply with all aspects of the Americans with Disabilities Act. For the City: For the United States: (Signature) (Signature) _________________________ __________________________ JOHN P. STRAUB, MERRILY FRIEDLANDER,Acting Chief Chief Deputy City Solicitor LOUIS M. STEWART, Attorney E. JANE HIX, Deputy City Solicitor ROBB WOLFSON, Investigator City of Philadelphia Law Department Coordination & Review Section 1600 Arch Street, 8th Floor Civil Rights Division Philadelphia, PA 19103 U.S. Department of Justice P.O. Box 66738 Washington, D.C. 20035-6738 Date:3-17-94 Date: 3/18/94 01-07092