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ADA settlement with Atlanta YMCA ensures equal opportunities for children with diabetes

The complainant alleged that the Atlanta YMCA violated the ADA by denying a child the opportunity to participate in the YMCA’s after-school program because of her diabetes. 

The U.S. Attorney’s Office for the Northern District of Georgia has entered into a settlement agreement with The Villages at Carver Family YMCA located in Atlanta, Georgia, to resolve allegations that the YMCA violated the Americans with Disabilities Act (ADA) by failing to reasonably modify policies and procedures for a child with diabetes.

“After-school programming provides opportunities for children to socialize with other children, and these programs are necessary for parents and caregivers who work and need a safe place for the children to go after school,” said U.S. Attorney Ryan K. Buchanan.  “Children with diabetes should have an equal opportunity to participate in these after-school programs, and we commend the YMCA for working cooperatively with my office to achieve this goal.”

This matter was initiated by a complaint filed with the Department of Justice Civil Rights Division.  The complainant alleged that the Atlanta YMCA violated the ADA by denying a child the opportunity to participate in the YMCA’s after-school program because of her diabetes.  The YMCA refused to provide daily insulin injections to the child, which left her unable to attend the after-school program.

Title III of the ADA prohibits discrimination on the basis of disability in the full and equal enjoyment of the goods, services, facilities, and privileges of any place of public accommodation.  The Atlanta YMCA is a private entity that operates childcare facilities that are places of “public accommodation” within the meaning of Title III of the ADA.

Based on the Agreement, the YMCA will adopt a non-discrimination policy to ensure ADA compliance.  The YMCA will also provide mandatory training for all employees who work in the after-school program.  Additionally, the YMCA will pay $5,000 in compensation to the complainant.

This matter was handled by Assistant U.S. Attorney, Aileen Bell Hughes, Special Counsel and former Assistant U.S. Attorney Soo Jo, Civil Rights Unit, U.S. Attorney’s Office.

For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6016.  The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.

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