National Association of the Deaf

Settlement was reached in an important lawsuit that alleged discrimination against a family with a deaf father. The civil rights suit alleged that a group of Pennsylvania doctors discriminated on the basis of disability when it refused to provide medical care to a 15-month old child because the child's father is deaf and needs interpreting services.

Under the terms of the settlement, announced November 29, 2001 by the National Association of the Deaf Law Center and the Disabilities Law Project, the medical practice has agreed to follow specific policies and practices that promise equal access for people who are deaf and hard of hearing.

Plaintiffs Darrin and Anna Majocha filed the suit in the Western District of Pennsylvania in March 2000, against Pittsburgh Ear, Nose & Throat Associates. Mr. Majocha is deaf and communicates in American Sign Language. His wife, Anna, and his son D.J. are both hearing. In August 1999, DJ was referred by his pediatrician to Pittsburgh Ear, Nose & Throat Associates for a surgical evaluation related to his recurrent ear infections. The complaint declared that Pittsburgh Ear, Nose & Throat Associates scheduled an appointment for the Majocha family before being told that the child's father, Darrin Majocha, is deaf. After scheduling the appointment, Anna Majocha requested that the practice provide a qualified sign language interpreter so that her husband could attend and participate.

In what plaintiffs alleged was a violation of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act, Pittsburgh Ear, Nose & Throat Associates refused to provide a sign language interpreter for communication between the doctor and Mr. Majocha. When the Majochas persisted, the complaint alleged that Pittsburgh Ear, Nose & Throat Associates canceled the child's previously scheduled appointment and then sent a letter to the Majocha family informing them that the medical practice would not provide medical care to their child.

In September 2001 , the federal District Court Judge handed plaintiffs a resounding victory and denied a defense motion for summary judgment in its entirety. In his decision, Judge Lee cited the offensive letter denying the Majocha's medical care, writing that the letter was "as close to a smoking gun as it gets in federal court."

The decision set new precedent for civil rights plaintiffs seeking to change discriminatory policies through federal lawsuits. The Majochas are pleased with the settlement, which ensures that Pittsburgh Ear, Nose & Throat Associates will open its doors to everyone regardless of disability.

Specifically, the settlement provides that Pittsburgh Ear, Nose & Throat Associates will ensure that deaf patients and deaf family members of patients will be able to communicate with their doctors, that the practice will provide qualified sign language interpreters and assistive listening devices at no charge to patients, that the practice will thoroughly train all of its staff and physicians on the new policies, and that signs advising patients of their rights and the practice's policies with regard to communication will be clearly posted in each of the Pittsburgh Ear, Nose & Throat Associates' offices around the Pittsburgh area.

Most significantly, Pittsburgh Ear, Nose & Throat Associates, in signing the settlement agreement, effectively rescinded the letter it sent to the Majochas and agreed to provide medical care to the Majocha family. Under the terms of the settlement, a qualified sign language interpreter will be provided for any appointment Darrin Majocha attends with his son.

When asked about the suit, Plaintiff Anna Majocha said, "We just wanted our son to see this fine doctor," With this settlement, the Majochas will get what they requested.

For further information please contact Mark Murphy at the Disabilities Law Project 412-391-5225; or the National Association of the Deaf Law Center 301-587-7731 Voice/TTY, 301-587-0234 Fax, nadlaw@nad.org.

For more information about the NAD Law Center, click on this link.

Information about the Disabilities Law Project can be found at http://www.dlp-pa.org/.

A copy of the decision can be found at Majocha v. Turner, et al., 166 F. Supp.2d 316 (W.D.Pa. 2001).