SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND HENDERSON & SONS FUNERAL HOME, INC. UNDER THE AMERICANS WITH DISABILITIES ACT
USAO# 2017V00609

A Settlement has been reached between the United States of America, through the United States Department of Justice (DOJ), and Henderson & Sons Funeral Home, Inc., (Henderson) a funeral home company in Rome, Georgia, regarding a complaint based on Title III of the Americans with Disabilities Act (ADA) that alleges that Henderson violated Title III of the ADA by failing to provide the Complainant with appropriate auxiliary aids and services when she requested that a qualified sign language interpreter be provided for effective communication during the funeral service for her family member.

After an investigation, the DOJ determined that Henderson’s failure to provide a qualified sign-language interpreter violated the ADA. Henderson has cooperated in that investigation, and has voluntarily agreed to take the following steps set forth in the Settlement.

• Henderson will take those reasonable steps that may be necessary to ensure that no individual with a disability is excluded, denied services, segregated or otherwise treated differently than other individuals because of the absence of auxiliary aids and services.

• Henderson will furnish appropriate auxiliary aids and services, free of charge, when necessary to ensure effective communication with individuals with disabilities.

• Henderson will facilitate requests for accommodations (including requests for auxiliary aids or services) from individuals with disabilities and provide timely responses to those individuals about those requests.

• Henderson will respond to telephone calls from a telecommunications relay service in the same manner it responds to other telephone calls.

• Henderson will provide training on the use of relay services to place and receive telephone calls to all employees and contractors whose duties or responsibilities include telephone communication with the public.

• Henderson shall develop an Effective Communication Policy to ensure equal communication with persons with disabilities and shall provide a written copy of the policy to the U.S. Attorney’s Office to confirm compliance with this paragraph.

• Henderson agrees to train all employees on Henderson’s obligations under the ADA, this Agreement, and the Effective Communication Policy.

• Henderson shall provide individuals who are deaf, are hard of hearing, or have speech disabilities with appropriate auxiliary aids and services, including qualified sign language interpreters and oral interpreters, where necessary to ensure effective communication during face-to-face encounters consistent with existing law.

• Henderson must provide an auxiliary aid or service, where necessary to ensure effective communication during face-to-face encounters, even when the individual with a disability is able or willing to communicate through a family member or companion. The auxiliary aid or service will be provided free of charge to the qualified individual.

This Complaint and Settlement may have been prevented if Henderson had taken a pro-active approach to ADA compliance. An effective way to take a pro-active approach to ADA compliance is by designating an individual within Henderson as an ADA Coordinator or Manager, with the responsibility of maintaining awareness and verifying compliance of ADA responsibilities for Henderson.

Another option is to hire the services of an ADA Coordinator (ADAC) to evaluate the business for ADA compliance, including effective communication. This evaluation should result in a Self Evaluation and Transition Plan (SEP-T). A SEP-T is a living document intended to maintain a high level of ADA compliance within an entity.

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If you observe a facility that is not ADA compliant and you would like to know how to proceed, please see the link at What To Do When A Building Is Not ADA Compliant or Accessible.

ADA Inspections Nationwide, LLC, offers ADA/ABA/FHA accessibility compliance inspections for buildings and facilities, as applicable to the different laws, and expert witness services with respect to ADA/ABA/FHA laws for building owners, tenants and managers. Also, ADAIN offers consulting for home modifications as a CAPS consultant for people wishing to age in place in their homes. For a complete list of services please see ADAIN Services.

Thank you.