Eastern District of Pennsylvania Reaches Settlement Agreement With Thomas Jefferson University Hospitals Outpatient Facilities to Provide Equal Access

PHILADELPHIA – U.S. Attorney William M. McSwain announced today that Thomas Jefferson University Hospitals, Inc., and Outpatient Imaging Affiliates, LLC, collectively the owners and operators of Jefferson Outpatient Imaging and Radiology (“Jefferson Outpatient”), have entered into a settlement agreement with the United States to resolve allegations that Jefferson Outpatient violated the Americans with Disabilities Act (ADA) by denying full and equal access to Jefferson Outpatient services based on an individual’s disability and use of a wheelchair. 

Under the ADA, facilities like Jefferson Outpatient, as a place of public accommodation, must provide outpatient and radiology services to members of the general public.  This settlement arises out of an investigation into whether Jefferson Outpatient failed to provide access to dual energy x-ray absorptiometry (DEXA) bone density scans to individuals with disabilities at its facilities in the greater Philadelphia area, which is in violation of the ADA.

“This investigation and resolution illustrate that individuals with disabilities still face discrimination and obstacles when they seek access to healthcare,” said U.S. Attorney McSwain.  “All individuals should have equal access to these services and the protections that the ADA affords to them.”  U.S. Attorney McSwain added that “Jefferson Outpatient cooperated with the investigation, recognized the importance of providing access to all, and acted swiftly to put compliance measures in place once the issue was brought to their attention.” 

To resolve the matter, Jefferson Outpatient has agreed to comply with its obligations under the ADA, pay compensatory damages to the complainant, and within 30 days, will adopt and incorporate a Non-Discrimination Policy into its existing policies and post it in conspicuous locations in all of its offices.  Jefferson Outpatient will also post and maintain a hyperlink to the Non-Discrimination Policy on the home page of its website.  In addition, Jefferson Outpatient will train all staff who interact with patients on the requirements of the ADA as they apply to healthcare facilities and on techniques for safely assisting individuals with mobility disabilities to transfer to imaging equipment or examination tables.  Further, Jefferson Outpatient will incorporate the above training into its new employee orientation for all future employees who will have contact with patients. 

The U.S. Attorney’s Office for the Eastern District of Pennsylvania is committed to investigating alleged violations of the ADA.  Those interested in learning more about obligations under the ADA may access www.ada.gov, or call the Department of Justice’s toll-free information line at (800) 514-0301 or (800) 514-0383 (TDD).  Information about filing a complaint, including instructions for filing a complaint online, can be found at https://www.justice.gov/crt/how-file-complaint.

Assistant U.S. Attorney Deborah W. Frey handled the matter in conjunction with Alyse Bass, Senior Trial Attorney, at the Department of Justice’s Civil Rights Division.