Elder Law

Retirement home settles DOJ suit alleging segregation based on disability in dining rooms, events

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A continuing care facility in Virginia has resolved a Justice Department lawsuit claiming the facility discriminated on the basis of disability when it barred some commingling of independent living residents and those needing more care.

Harbor’s Edge in Norfolk agreed to pay $350,000 in compensation and a $40,000 civil penalty, the New York Times reports. The retirement facility did not admit liability and says it liberalized its policy after being contacted by a state official, according to the consent order (PDF). A press release is here.

The Harbor’s Edge retirement home changed its policy in 2011 to restrict nursing home and assisted living residents from participating in some special events with independent living residents and from eating in the River Terrace dining room in the independent living wing.

The Justice Department claimed Harbor’s Edge changed the policy in 2011 to attract more “young seniors” who wanted an active lifestyle, according to the Times and earlier coverage by the Courthouse News Service. The complaint alleged disability discrimination in violation of the Fair Housing Act, as well as retaliation against residents and family members who complained.

Susan Silverstein, senior attorney for the AARP Foundation, told the Times the consent order is “going to put the rest of the industry on notice.”

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