O.C. Day Care Agrees to Administer Emergency EpiPen Injections When Needed to Comply with the Americans with Disabilities Act

LOS ANGELES – A Garden Grove preschool has entered into a voluntary civil settlement agreement with the United States to resolve allegations that it violated the Americans with Disabilities Act (ADA) by failing to agree to provide EpiPen injections when required and requested at its facility.

OC Kids Infant and Preschool agreed last week to modify its policies to allow its staff to administer emergency EpiPen injections to children experiencing severe allergic reactions.

The agreement with the United States Attorney’s Office resolves allegations that OC Kids was violating Title III of the ADA, which prohibits discrimination by places of public accommodation, including day care facilities, against individuals with disabilities.

“Children with disabilities, including severe food allergies, must be given equal opportunities to attend day care,” said Acting United States Attorney Sandra R. Brown.  “I want to thank OC Kids for acknowledging its responsibility to comply with the Americans with Disabilities Act. The policies and changes that OC Kids has agreed to implement should serve as a guide for other day care centers to ensure that their admissions policies and practices do not discriminate against children with disabilities.”

Under the terms of the voluntary settlement agreement, OC Kids has agreed to:

·         not discriminate against any individual on the basis of disability;

·         revise its policies to allow for reasonable modifications for children with disabilities, including children who have food allergies; and

·         provide appropriate training for its staff.

This matter was handled by Assistant U.S. Attorney Katherine M. Hikida with the Civil Division’s Civil Rights Section. For more information on the ADA, including access to publications to assist entities with ADA compliance, please visit www.ADA.gov or call the Department of Justice’s toll-free ADA Information Line at 800-514-0301 or 800-514-0383 (TTY).

September 29, 2017

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