DOJ finds center discriminated against child with autism
by Beth
I am pleased to introduce Jacob Klauss as a guest blogger today. Jake is an intern with the Easter Seals Government Relations team and a Master of Social Work candidate at George Mason University in Fairfax, Virginia.
Child center settles discrimination claim
by Jacob Klauss
A settlement has been reached under the American’s with Disabilities Act (ADA) in the alleged discrimination of a child with autism by Beach Babies Learning Center, a child care provider in Connecticut.
The complainants, Ali and Josh Linkov, alleged that Beach Babies Learning Center discriminated against their child by refusing to allow him to receive services from Beach Babies Learning Center. The Linkovs also alleged that Beach Babies subjected them to discrimination because of their relationship to a person with a disability by not providing them with the same services offered to other parents of children who didn’t have disabilities.
According to the Department of Justice, Title III of the Americans with Disabilities Act prohibits discrimination based on a disability, including autism, by child care and early education providers. Under Title III of the ADA, child care providers must make reasonable policy and program changes to accommodate for early intervention services and should alter schedules when necessary to allow for the child to receive early intervention services so long as changes do not fundamentally alter the child care provider’s services.
Beach Babies initial response to the Linkov’s allegations was that they did not discriminate against the Linkovs and their child based on the child’s disability, but that they had made reasonable accommodations for the Linkovs, and repeated requests for schedules and program changes constituted a fundamental change to the program’s structure.
As part of the settlement Beach Babies has agreed to pay the Linkovs $7,341.00 and is required to adopt and publicly post a policy on the prohibition of discrimination based on disability.
With this settlement, the Department of Justice Civil Rights Division reaffirms its strong commitment to the Americans with Disabilities Act by stating that enforcement of the ADA is a top priority.
September 22nd, 2021 at 3:37 pm
Hello,
I have a very similar case with my son and I am having a hard time someone to take the case. Could you share any information about the lawyer/s that took this case?