Department of Justice Seal

FOR IMMEDIATE RELEASE

CR

WEDNESDAY, FEBRUARY 2, 2000

(202) 353-8584

WWW.USDOJ.GOV

TDD (202) 514-1888


SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES AGREES TO ADDRESS

DISCRIMINATION AGAINST INDIVIDUALS WITH LEARNING DISABILITIES


WASHINGTON, D.C. -- The Department of Justice today reached an agreement with the South Carolina Department of Social Services to amend the state regulations governing day care providers by ensuring that qualified applicants are not discriminated against because of their disability.

Today's agreement resolves allegations that a previously enforced state regulation that prohibited persons with certain disabilities from being employed as a "caregiver" in a state-licensed child day care facility violated the Americans with Disabilities Act (ADA). The ADA prohibits discriminatory job qualifications that are not shown to be job-related.

"The Justice Department remains committed to protecting the right of individuals with disabilities to be judged on their individual merit when being considered for a job," said Bill Lann Lee, Acting Assistant Attorney General for Civil Rights.

The Justice Department initially learned of the discriminatory regulation in June of 1997, from the Charlotte, North Carolina, office of the Equal Employment Opportunity Commission (EEOC). The EEOC had received a charge of discrimination filed by an individual with a disability who, despite being able to perform the essential functions of the caregiver position, allegedly had been terminated from employment by a South Carolina day care facility as a result of the regulation's discriminatory job requirement.

As a result of the agreement, the state will propose new regulations that will stop the practice of automatically excluding persons with certain disabilities from being hired as caregivers. The regulations will also ensure that the requirements for hiring a caregiver more accurately reflect the job's requirements and functions. Individuals interested in finding out more about the ADA can call the Justice Department's toll-free information line at (800) 514-0301, (800) 514-0383 (TDD) or access the ADA Home Page on the World Wide Web at: www.ada.gov/adahom1.htm

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