Published October, 2008

United States and The Massage Company (Los Angeles, CA), Settlement Agreement, U.S. Department of Justice (2008)

In response to a complaint filed by an HIV-positive individual alleging that he was denied services by a massage therapy provider, 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 III of the Americans with Disabilities Act (ADA). The agreement provides for both individual and injunctive relief, including a requirement that the company appoint an ADA compliance official who will be responsible for ensuring that the company complies with the terms of the agreement. The company must also develop and adopt policies regarding its responsibilities under Title III of the ADA and submit those policies to DOJ for approval. Lastly, the company will, now and hereinafter on an annual basis, provide every staff person with a copy of the nondiscrimination policy and direct staff to comply with the policy. The complainant was also awarded $10,000.