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Wednesday, December 18, 2024

Doctor settles claim over communication disability services

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U.S. Attorney Roger B. Handberg | U.S. Department of Justice

U.S. Attorney Roger B. Handberg | U.S. Department of Justice

The United States Attorney’s Office for the Middle District of Florida has reached a settlement with Dr. Mark A. Nowacki, M.D., regarding allegations that his medical practice violated Title III of the Americans with Disabilities Act (ADA). The case arose after a complaint from a deaf individual who uses American Sign Language (ASL) alleged that Dr. Nowacki denied her request for an ASL interpreter during a phone call to schedule an appointment in October 2021.

As part of the settlement, Dr. Nowacki is required to adopt a written effective communication policy outlining his office's obligations under Title III of the ADA. He must provide qualified interpreters when necessary and implement training for all employees on their obligations under this law. Additionally, he must maintain records of requests for auxiliary aids and services and report any complaints related to ADA violations to the United States.

The complainant will receive $1,000 in compensatory damages as part of this agreement. Assistant United States Attorney Alexandra N. Karahalios handled the case in coordination with the Disability Rights Section of the U.S. Department of Justice's Civil Rights Division.

Title III mandates that public accommodations, including healthcare providers' offices, ensure individuals with disabilities are not excluded or treated differently due to lack of auxiliary aids and services such as qualified interpreters.

Individuals who believe they have faced discrimination can contact the Civil Rights Unit at the U.S. Attorney’s Office for further assistance or file a complaint through their website.

The Attorney General has authority to investigate alleged ADA violations and pursue civil action if voluntary compliance cannot be achieved in cases involving discrimination patterns or issues of public importance.

For more information about ADA requirements, resources are available at www.ada.gov or through the Department of Justice’s toll-free ADA Information Line.

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