Settlement with Hamden/North Haven YMCA Ensures Access to Programs for Children with Disabilities

Vanessa Roberts Avery, United States Attorney for the District of Connecticut, today announced that the United States and the Central Connecticut Coast YMCA have entered into a settlement agreement to resolve allegations that staff at one of its branches, the Hamden/North Haven YMCA, discriminated against a child with Down syndrome in violation of the Americans with Disability Act (“ADA”).

This matter was initiated by a complaint made with the U.S. Department of Justice on behalf of a child with Down syndrome who requires toileting assistance.  The complaint claimed that staff at the Hamden/North Hamden YMCA did not provide reasonable modifications to allow the child to enjoy the full benefits of the before-school program and did not allow the child to enroll in the after-school program until and unless the child’s family found and, if necessary, paid for a personal aide to accompany the child.

Under the terms of the settlement agreement, the Hamden/North Haven YMCA has agreed not to discriminate against children with disabilities in the future.  It will implement new policies and procedures for handling requests for reasonable modifications that are consistent with the ADA and that include obligations to conduct an individualized assessment of each child’s needs and engage in a back-and-forth interactive process with parents, guardians, and caregivers about a child’s needs.  The Hamden/North Haven YMCA will also provide training to its staff on the ADA.

In addition, working with the Hamden Special Education Parents Teacher Association, the Hamden North Haven YMCA has also agreed to conduct outreach to parents, guardians, and caregivers of children with disabilities in the Hamden community, including making reasonable efforts to reach those who do not speak English as their primary language.  The Hamden/North Haven YMCA will also designate an ADA coordinator, who will be responsible for reviewing requests for reasonable modifications and ensuring that proper communication occurs between the YMCA staff and parents, guardians, caregivers, and school personnel about the needs of each child with a disability enrolled in its programs.

The Central Connecticut Coast YMCA has also agreed to pay $3,000 to the individual who complained and to allow the complainant’s child to enroll in the before- and after-school programs in future with appropriate reasonable modifications, if needed.

“Families depend on childcare so that they can go to work and earn a living to support their families,” said U.S. Attorney Avery.  “This includes finding appropriate childcare for children with disabilities.  My office is committed to ensuring that every child’s family has equal access to childcare in Connecticut.  I want to thank the Central Connecticut Coast YMCA and the Hamden/North Haven YMCA for signing this settlement agreement, which signals their commitment to serving children with disabilities and their families in the future.”

The settlement agreement is effective for three years, and the U.S. Attorney’s Office will monitor compliance during that time. 

This matter was handled by Assistant U.S. Attorney Stewart C. Dearing.

Any member of the public who wishes to file a complaint alleging that any place of public accommodation or public entity in Connecticut is not accessible to persons with disabilities may contact the U.S. Attorney’s Office at 203-821-3700 and ask for the Civil Rights Intake Specialist.

Additional information about the ADA can be found at www.ada.gov, or by calling the Justice Department’s toll-free information line at (800) 514-0301 and (800) 514-0383 (TTY).  More information about the Department of Justice Civil Rights Division and the laws it enforces is available at www.justice.gov/crt.