Date: 03-20-2018

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Court: United States District Court for the Eastern District of Michigan

Plaintiff's Attorney: Matthew Schneider, John M. Gore, Alberto Ruisanchez, Rebecca Bon, Susan DeClercq, Alyse Bass

Defendant's Attorney: Timothy r. Clark

Description: Detroit, MI - Justice Department Reaches Settlement with Learning Care Group Inc. to Resolve ADA Violations

The Justice Department today announced that it has reached a settlement agreement with Learning Care Group (LCG), the second largest for-profit child care provider in North America, headquartered in Novi, Michigan. LCG owns and operates over 900 child care centers nation-wide operating under seven brand names including, but not limited to: La Petite Academy, Childtime Learning Centers, Tutor Time Child Care/Learning Centers, The Children’s Courtyard, Montessori Unlimited, Everbrook Academy, and Creative Kids Learning Center. The matter was handled by the Justice Department’s Civil Rights Division and the United States Attorney’s Office for the Eastern District of Michigan.

The settlement agreement resolves complaints under the Americans with Disabilities Act (ADA) that LCG was discriminating against children with insulin dependent diabetes, on the basis of disability, by failing to make certain reasonable modifications for those children. Under the agreement, LCG agreed to pay $10,000 in compensatory damages to each of the eight aggrieved individuals and families identified.

LCG also agreed to evaluate each request for reasonable modification on an individualized basis, using objective evidence and current medical standards, and where appropriate, will train child care staff members to assist with routine diabetes care tasks, including the administration of insulin by pen, syringe, or pump.

“The ADA guarantees all children, including those with insulin dependent diabetes, equal access to child care centers,” said Acting Assistant Attorney General John M. Gore of the Civil Rights Division. “We applaud LCG for taking steps to enable parents of children with diabetes to enjoy the benefits of child care while knowing staff will be trained to ensure that their child is well cared for.”

“Given the critical role that dependable child care plays in a parent’s ability to work or go to school, we are proud that this settlement will ease the struggle to find quality child care for families of children with disabilities,” said United States Attorney Matthew Schneider. “The United States Attorney’s Office will continue to work to ensure the equal rights of individuals with disabilities in our community.”

People interested in finding out more about the ADA or this settlement agreement can call the toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TDD), and access the ADA website at http://www.ada.gov, or contact the U.S. Attorney’s civil rights hotline at 313-226-9151.

Outcome: LCG agreed to pay $10,000 to settle the claim.

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