DOJ Settlement: HIV Discrimination

Department of Justice

Office of Public Affairs

FOR IMMEDIATE RELEASE

Friday, May 11, 2012

Health Care Providers Settle with Justice Department Over Complaints of HIV Discrimination

The Justice Department announced that it has reached two settlements today resolving claims that health care providers refused to serve people with HIV in violation of the Americans with Disabilities Act (ADA).  

The first complaint was filed by a man with HIV who went to the Mercy Medical Group Midtown Clinic in Sacramento, Calif.   After meeting with the patient and examining him, a podiatrist at the clinic informed the patient of his treatment options.   Although surgery was one of the treatment options, the podiatrist incorrectly told the patient that he could not perform the surgery because of a risk that he would contract HIV from the patient during surgery.   The United States determined that the podiatrist’s actions violated the ADA by denying the patient the full and equal enjoyment of the services offered at the clinic on the basis of his disability.

The second complaint was filed by a man with HIV who went to the Knoxville Chiropractic Clinic North in Knoxville, Tenn., for chiropractic treatment following an automobile accident.   After examining him, the doctor determined that the patient required 24 subsequent appointments to treat his injuries.   On his third visit to the clinic, however, the receptionist informed him that the doctor would not see him because they could not treat people “like him.”   The United States determined that Knoxville Chiropractic Centers had a blanket policy of refusing treatment to persons with HIV in violation of the ADA.

“It is critical that people with disabilities, including HIV, not be denied equal access to goods and services, especially to health care services.   The Civil Rights Division takes discrimination based on unfounded fears and stereotypes about HIV very seriously,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division.   “We applaud Mercy Medical Group and CHW Medical Foundation, as well as Knoxville Chiropractic Centers, for working cooperatively with the Justice Department to resolve these matters quickly and fairly.”  

The settlement agreements require the entities to develop and implement a non-discrimination policy and to train staff on the requirements of the ADA.   In addition, Mercy Medical Group and CHW Medical Foundation are required to pay $60,000 to the complainant and $25,000 as a civil penalty, and Knoxville Chiropractic Centers is required to pay $10,000 as a civil penalty.  

The ADA requires public accommodations, like doctors’ offices, medical clinics, hospitals and other health care providers, to provide individuals with disabilities, including people with HIV, equal access to goods, services, privileges, accommodations, facilities, advantages and accommodations.  

The Department of Justice provides a webpage specifically dedicated to information about the ADA and HIV at www.ada.gov/aids.   Those interested in finding out more about these settlements or the obligations of public accommodations under the ADA may call the Justice Department’s toll-free ADA information line at 800-514-0301 or 800-514-0383 (TDD), or access its ADA website at www.ada.gov.  ADA complaints may be filed by email toada.complaint@usdoj.gov.

Color of Change Org. Asks People to Help Black Farmers Get Due Settlement From U.S.D.A.

http://www.colorofchange.org/pigford/?id=2413-900765

For more information, contact: ColorofChange.org

Please Cut, Paste and Send the following:

Dear friends,

For years, the US Department of Agriculture (USDA) denied Black farmers loans and other aid easily approved for White farmers. Many Black farming families lost their land and livelihoods as a result. The farmers sued the government for damages and won -- but only a fraction of them ever got paid.[1]

As a Senator, Barack Obama helped to secure a new settlement for the remaining Black farmers, but Senate Republicans have repeatedly blocked funding for it. A growing chorus of voices, including the Congressional Black Caucus, has called on the White House to directly address this injustice and pay these farmers what they're owed out of administrative funds -- but so far it hasn't.[2]

I've joined ColorOfChange.org in calling on President Obama to do right by these farmers. Will you join us? It takes just a moment:

http://www.colorofchange.org/pigford/?id=2413-900765

For more than a generation, managers at the United States Department of Agriculture systematically turned down Black farmers' applications for loans and other critical forms of aid. These loans are the lifeblood of farming, and without them many Black-owned farms were foreclosed on -- and resold to White farmers.

This insidious discrimination enabled some White farmers to prosper and grow at the expense of generations of Black families who sought to make a living off the land. At the same time, it devastated the Black farming community. While 14% of all farmers were Black at the turn of the last century,[3] by 2002 only 1.4% were Black.[4]

Black farmers eventually filed a class action lawsuit against the federal government, winning a landmark legal settlement in 1999. At the time, the USDA paid only a portion of the farmers with legitimate claims, so a second settlement was announced -- but Congress never approved funding to pay the remaining farmers.[5]

Republican obstruction has been the main stumbling block on the Black farmers' long road to justice. Senate Republicans have repeatedly stood in the way of funding the settlement. First they demanded that the money to pay the farmers not add to the national budget deficit.[6] Even after that requirement was satisfied, they once again blocked a vote on the appropriation.[7]

Members of the Congressional Black Caucus are rightfully furious at the Republicans' stalling, and have called on President Obama to bypass the legislative process by paying the settlement out of administrative funds.[8] The White House has maintained that it doesn't have the money to pay the $1.25 million settlement -- but at the same time, the administration promised to find $1.5 billion to pay disaster relief for wealthier, mostly White farmers in Arkansas.[9]

With Congress becoming even more conservative after November's election, it is even less likely that funding for the Black farmers' discrimination settlement will be funded in next year's Congress. It needs to happen now.

The White House has worked hard to pass the funding through Congress, but now they need to show Congressional Republicans that they mean business. As the CBC pointed out, justice delayed is justice denied for these aging men and women. Every day, another farm is foreclosed on and more farmers die without having been compensated for the shattering discrimination they faced. Please join me and the rest of the ColorOfChange.org community in supporting the CBC's call for President Obama to fund the Black farmers' settlement. And when you do, please ask your friends and family to do the same:

http://www.colorofchange.org/pigford/?id=2413-900765

Thanks.

References

1. http://www.yesmagazine.org/article.asp?ID=433
2. http://bit.ly/aVTiI4
3. http://tinyurl.com/cxohg2
4. http://wikileaks.org/wiki/CRS-RS20430
5. http://wikileaks.org/wiki/CRS-RS20430
6. http://bit.ly/aheAdR
7. http://bit.ly/98ZtDD
8. http://bit.ly/aVTiI4

Sexual Harassment, Housing Discrimination, Nets female tenants Award

Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASEFriday, August 6, 2010

Jury Awards $115,000 to Victims of Housing Discrimination

WASHINGTON – A federal jury in Detroit today returned a $115,000 verdict against an Ypsilanti, Mich., man for sexually harassing female tenants in his capacity as a property manager, the Justice Department announced today. The jury also found the property owner and his company liable for the illegal harassment.
 
The lawsuit, filed in U.S. District Court in Detroit, alleged that Glenn Johnson subjected female tenants to discrimination on the basis of sex, including severe, pervasive and unwelcome sexual harassment, in violation of the federal Fair Housing Act.   The complaint also alleged that Ronnie Peterson and First Pitch Properties LLC, the owners of the properties, are liable for Johnson’s discriminatory conduct.
 
“Civil rights laws in this country – including the Fair Housing Act – seek to ensure that all individuals may live free from discrimination and harassment,” said Thomas E. Perez, Assistant Attorney General for Civil Rights. “Today’s jury verdict reminds landlords and rental agents that tenants should never be subjected to sexual harassment and that the Justice Department will vigorously fight to protect tenants from illegal discrimination.”
 
Over the course of a six day trial, the United States presented evidence that Glenn Johnson subjected six women to severe and pervasive sexual harassment, ranging from unwelcome sexual comments and sexual advances, to requiring sexual favors in exchange for their tenancy.   One woman testified that Johnson refused to give her keys to her apartment until she agreed to have sex with him. Another woman testified that she had sex with Johnson at least 20 times because he threatened that the owner would evict her if she did not.
 
The United States also presented evidence that Washtenaw County Commissioner Ronnie Peterson, who owned the properties, knew that Johnson was sexually harassing tenants but did nothing to stop it. One woman testified that she complained in person to Peterson about Johnson’s conduct yet Johnson continued to handle properties for Peterson for nearly two more years.
 
“Today’s verdict sends a message to landlords and rental agents that they cannot abuse their positions and sexually harass tenants,” said U.S. Attorney for the Eastern District of Michigan Barbara L. McQuade. “Women should be safe from sexual harassment in their own homes.”
 
Compensatory and punitive damages in the amount of $115,000 will be divided among the six female tenants whom the jury found were victims of the harassment.   The United States will file a post-trial motion seeking civil penalties against the three defendants as well as comprehensive injunctive relief. This case was referred to the Department of Justice by the Fair Housing Center of Southeastern Michigan.

Fighting illegal discrimination in housing is a top priority of the Justice Department.   The federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex familial status, national origin and disability.   More information about the

Civil Rights Division and the laws it enforces is available at www.usdoj.gov/crt.  Individuals who believe that they have been victims of housing discrimination or have information related to this lawsuit can call the Housing Discrimination Tip Line at 1-800-896-7743, e-mail the Justice Department at fairhousing@usdoj.gov or contact the Department of Housing and Urban Development at 1-800-669-9777.

10-906Civil Rights Division

Series of Free Online Diversity Workshops Announced By Civil Rights Author, Diversity Expert

Contact: Susan Klopfer
Group Klopfer
www.susanklopfer.com

Upside Potential Exists For Companies That Embrace Diversity

New EEOC data shows that religious discrimination claims have doubled in the past 15 years, and the number of settlements has tripled since 1997. This should not surprise most executives for two reasons, says diversity consultant Susan Klopfer.

First, the United States is seeing a broader mix of religious backgrounds as workforces diversify. Second, employees have become more litigious, “and they’re well aware of the laws that give them the right to certain accommodations based on their religious beliefs.”

Yet the real question for today’s companies are whether they are seeing this and related employment discrimination litigation as a "problem" or at least some components as an opportunity to strengthen their businesses, Klopfer says.

The Iowa civil rights author is announcing three online workshops entitled “Five Costly Diversity Mistakes Companies Can Make and How To Avoid Them.” Sessions are set for Tuesday, August 10 and 24 and Wednesday, September 1 running from 2 to 2:30 p.m. Central time. There is no cost and attendees receive a free gift, Klopfer said.

For the Thur, Aug 12, 2010 2:00 PM - 2:45 PM CDT online session, click HERE now to register.

For the Tue, Aug 24, 2010 2:00 PM - 2:45 PM CDT online session, click HERE now to register.

For the Wed, Sept 1, 2010 2:00 PM - 2:45 PM CDT online session, click HERE now to register.

“As our country becomes more and more diverse in every aspect, from changing family structures and increasing minority population to changing religious patterns, there is great opportunity for the organization that adapts to and embraces diversity, and this will be the focus of these online workshops,” Klopfer said.

Klopfer, who holds a master’s degree in business administration from Indiana Wesleyan University, is also the author of three books on civil rights, including her latest, Who Killed Emmett Till?” Persons wishing to sign up for workshops can do so at Klopfer’s website www.susanklopfer.com.

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Free Diversity Online Workshop Set for July 27

Diversity Workshop Announcement
Susan Klopfer
http://susanklopfer.com

A free 30-minute online workshop on Five Costly Diversity Mistakes Companies Make -- And How to Avoid Them is set for Tuesday, July 27 at 2 p.m. All participants will receive a special bonus offer for attending, valued at $500.

To register, go to https://www1.gotomeeting.com/register/265131664.