The parent company of Tender Care Learning Centers has reached a settlement in a lawsuit alleging noncompliance with the Americans with Disabilities Act of 1990.

John H. Durham, United States Attorney for the District of Connecticut, announced Monday that the U.S. Attorney’s Office has reached the agreement with Bradford Child Care Services, Inc., which owns Tender Care.

Tender Care provides child care services at more than 20 locations in Connecticut and western Pennsylvania, including one at 2002 Wilmington Road in New Castle.

The settlement agreement addresses an ADA complaint filed by the parents of a child with epilepsy alleging that Tender Care established a policy to prevent staff from administering prescribed emergency rescue medication.

Under the terms of the settlement agreement, Tender Care will implement new nondiscriminatory policies, practices and procedures regarding the administration of medication for children with disabilities who wish to attend their day care centers, camp, before care program, after care program or any other educational programs owned or operated by Tender Care in the United States.

Tender Care also will train its managers, teachers and other staff on compliance with Title III of the ADA. Additionally, Tender Care will evaluate each request for reasonable modifications on an individualized basis, relying on objective evidence and current medical standards and will adopt, maintain and enforce an Emergency Anti-Seizure Medication Administration (EASMA) Policy and Procedure. The revised materials for parents of children with disabilities will be posted in a general location at the center and will post to its website the nondiscrimination policy approved by the U.S. Attorney’s Office.

Tender Care also has agreed to pay a total of $20,000 in compensatory damages to certain individuals identified during the government’s investigation of this matter.

Under federal law, private entities that own or operate places of “public accommodation,” including learning centers and other places of education and recreation, are prohibited from discriminating on the basis of disability.

Durham noted that the counsel and management of Tender Care were cooperative with the U.S. Attorney’s Office and are committed to addressing the issues raised by the ADA investigation without litigation. 

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