Published November, 2007

United States and City of Stockton, CA, Settlement Agreement, U.S. Department of Justice (2007)

In response to a complaint filed by an HIV-positive individual alleging that he was denied emergency medical services by the city's fire department, the U.S. Department of Justice (DOJ) intervened and negotiated this settlement agreement. The complaint alleged that the plaintiff was denied services on the basis of his disability (HIV infection) in violation of Title II of the Americans with Disabilities Act (ADA). The agreement provides for both injunctive and individual relief, including a requirement that the city adopt a non-discrimination policy prohibiting EMS personnel from discriminating on the basis of disability, including communicable diseases. It also requires that the city's fire department implement a training program on infectious diseases for its employees who are involved in the provision of emergency medical services. The training program, which must be approved by the DOJ, will be mandatory for all such personnel. Training on the requirements of Title II of the ADA will be required for all city personnel who review and consider discrimination complaints.