settlement housing

Settlement Agreement Overview

  • This document outlines a settlement agreement between the United States government and Lesley University concerning disability rights, specifically for students with food allergies and celiac disease.

Background

  • Complaint Origin:

    • In October 2009, the U.S. Department of Justice (DOJ) received a complaint alleging Lesley University violated the Americans with Disabilities Act (ADA) by not making necessary modifications to accommodate students with food allergies, notably celiac disease.

  • Investigation and Allegations:

    • The DOJ initiated an investigation into these claims, alleging Lesley's policies did not comply with Title III of the ADA.

    • Lesley University cooperated during the investigation, asserting that they were committed to making reasonable modifications on a case-by-case basis.

  • Settlement Agreement Purpose:

    • Both parties agreed to the settlement to resolve the dispute without litigation, with no admission of fault from Lesley University.

    • Lesley University, located in Cambridge, Massachusetts, serves approximately 8,000 students and qualifies as a public accommodation under the ADA.

Legal Framework

  • Title III of the ADA:

    • Prohibits discrimination against individuals with disabilities in public accommodations, ensuring full and equal enjoyment of goods, services, facilities, and privileges.

    • Lesley University must make reasonable modifications to policies and practices unless such modifications would fundamentally alter the nature of services provided (42 U.S.C. § 12182).

  • Definition of Disability:

    • Food allergies may qualify as a disability under the ADA (42 U.S.C. § 12102) due to their potential for causing severe physiological reactions, such as anaphylaxis.

    • Conditions like celiac disease, an autoimmune disorder triggered by gluten, can significantly impair bodily functions.

Terms of Resolution

  1. Compliance Obligations

    • Lesley University agrees to adhere to the requirements set forth in the ADA and comply with terms involving reasonable modifications.

    • The University will refrain from any discriminatory actions that would violate 42 U.S.C. § 12203.

  2. Amended Disability Services Policy

    • Lesley will amend its Disability Services for Students Policy. The key components include:

      • Posting a link to the Disability Services page on the University's internal website.

      • Distribution of the Amended Policy to relevant employees and inclusion in student handbooks starting from the 2013-2014 academic year.

      • Formal contractual requirements for the food service provider's compliance with disability policies and educational training for staff involved in food services.

  3. Disability Services Procedures

    • Identification of individuals seeking information on food-related disability services.

    • Encourage students with food allergies to contact Disability Services for reasonable modification requests and follow an interactive process to create tailored plans.

    • Provision of written disability modification letters post-interactive consultation and acknowledgment that modifications may evolve throughout a student’s tenure.

  4. Dining Services Modifications

    • Posting notices regarding food allergies prominently in dining facilities, requiring alerts from students with food allergies when orders are placed.

    • Maintaining a pre-order option for students to arrange allergen-free meals with sufficient advance notice.

    • Ensuring dedicated areas with food preparation resources to minimize cross-contamination.

    • Allowing students to propose shopping lists for allergen-free foods to Food Service Providers.

  5. Educational Initiatives

    • Food service staff will undergo required trainings within specified timeframes concerning allergy awareness and handling procedures.

    • All employees involved with student interaction will receive training on ADA obligations.

  6. Monitoring, Reporting, and Payment

    • The University commits to preserving all records related to the agreement and submitting compliance reports to the DOJ.

    • Lesley will pay $50,000 to specified individuals as part of the resolution, pending waiver and release of claims.

Miscellaneous Provisions

  • The provisions of this agreement emphasize a collaborative approach to continually assess and adjust policies based on evolving needs and compliance with existing laws.

  • Agreement will last for three years, with the possibility for the DOJ to review and ensure compliance at any time. In case of disputes over compliance, the DOJ will provide written notices for resolutions.

Conclusion of Agreement

  • The settlement and involved policies are binding upon the university and its affiliates, and the commitment extends to potential successors to ensure continued compliance with ADA standards.

  • Transparency is emphasized, allowing requests for access to this agreement's terms.