Date: 04-16-2018

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Judge: Not Available

Court: United States District Court for the Western District of Kentucky (Jefferson County)

Plaintiff's Attorney: Jessica R.C. Malloy

Defendant's Attorney: Not Available

Description: Louisville, KY - Hardin County EMS Enters Settlement With United States To Resolve An American With Disabilities Complaint

United States Attorney Russell M. Coleman announced the settlement agreement with Hardin County Emergency Medical Services (HCEMS), on March 28, 2018, to resolve a complaint, under the Americans with Disabilities Act (ADA), regarding the provision of emergency medical services to qualified individuals with disabilities, including individuals using service animals.

The complaint alleged that emergency medical technicians and/or paramedics of Hardin County EMS failed to modify its policies and procedures to permit use of a service animal inside an ambulance providing emergency medical transportation services, in March of 2014 and again in November of 2016. Specifically, the service animal was a dog, trained to do work and perform tasks for the benefit of the individual with the disability.

Under the agreement, within 60 days HCEMS will adopt and publish grievance procedures for prompt and equitable resolution of complaints against HCEMS; will not discriminate against a person with a disability in violation of Title II of the ADA; will propose and implement a two-hour training program for all employees who have contact with the public on the requirements of the ADA, including reasonable modifications for people with disabilities who use a service animal.

Assistant United States Attorney Jessica R.C. Malloy represented the United States. HCEMS conducted an independent investigation of the allegations contained in the complaint and cooperated fully in the United States’ investigation and received assistance from the Hardin County Attorney in resolving this matter.

The United States Attorney’s Office in coordination with the Civil Rights Division of the United States Department of Justice vigorously enforces federal civil rights laws throughout the Commonwealth of Kentucky. These laws prohibit discrimination, protect the constitutional rights of residents, and affirm equal opportunity for all. The United States Attorney’s Office enforces civil rights through civil litigation and criminal prosecutions, and, in all cases, represents the interest of the United States.

For information about the civil rights laws enforced by the United States Attorney’s Office, please click on the following links:

The Americans with Disabilities Act (ADA) and other laws that prohibit disability discrimination.

The Fair Housing Act (FHA)

The Equal Credit Opportunity Act (ECOA)

The Equal Educational Opportunities Act (EEOA) and other laws that prohibit discrimination in schools.

Title II of the Civil Rights Act, which prohibits discrimination based on race, color, religion, and national origin in places of public accommodation.

Title VI of the Civil Rights Act, which prohibits discrimination based on race, color, and national origin by programs that receive federal financial assistance.

Title VII of the Civil Rights Act, which prohibits discrimination based on race, color, national origin, sex, and religion by state and local government employers.

The anti-discrimination provision of the Immigration and Nationality Act (INA), which prohibits employment discrimination based on citizenship status and national origin.

Uniformed Services Employment and Reemployment Act (USERRA)

The Service Members Civil Relief Act (SCRA)

The Religious Land Use and Institutionalized Persons Act (RLUIPA)

The Civil Rights of Institutionalized Persons Act (CRIPA)

The Violent Crime Control and Law Enforcement Act and other laws that prohibit law enforcement misconduct.

The Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act

hardin_settlement_agreement_0.pdf

Outcome: See above

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Defendant's Experts:

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