TITLE III COVERAGE AND FINDINGS

4. The Attorney General is responsible for administering and enforcing Title III of the ADA, 42 U.S.C. 12181-12189, and the relevant regulation implementing Title III, 28 C.F.R. Part 36.
5. The Complainant, an individual with HIV, has a physical impairment that substantially limits one or more major life activities, including the functions of the immune system. Accordingly, he has a disability within the meaning of 42 U.S.C. 12102 and 28 C.F.R. 36.105.
6. Walgreens is a retail store and pharmacy chain, headquartered in Deerfield, Illinois, and has over 9,500 retail stores across the United States.
7. Among its over 9,500 locations, Walgreens operates a retail store and pharmacy at 6825 North Durango Drive, Las Vegas, Nevada 89149 (Store # 12539).
8. Walgreens owns, leases (or leases to), or operates places of public accommodation within the meaning of 42 U.S.C. 12182(a). Walgreens is a public accommodation within the meaning of 42 U.S.C. 12181(7) because it is a private entity and its operations affect commerce and comprise a service establishment. 42 U.S.C. 12181(6) and (7); 28 C.F.R. 36.104.
9. Under title III of the ADA, no person who owns, leases (or leases to), or operates a place of public accommodation may discriminate against an individual on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation. 42 U.S.C. 12182(a); 28 C.F.R. 36.201(a).
10. The United States is authorized to investigate alleged violations of Title III of the ADA. 42 U.S.C. 12188(b); 28 C.F.R. 36.502. It is also authorized, where appropriate, to use alternative means of dispute resolution, including settlements, to resolve disputes. 42 U.S.C. 12212; 28 C.F.R. 36.506. The United States may bring a civil action in federal court when the Attorney General has reasonable cause to believe that a person is engaged in a pattern or practice of discrimination or when any person has been discriminated against and such discrimination raises an issue of general public importance. 42 U.S.C. 12188(b); 28 C.F.R. 36.503. Ensuring that medical care providers do not discriminate on the basis of disability is an issue of general public importance.
11. As a result of its investigation, the United States has substantiated the following facts:
    1. On September 29, 2017, at the pharmacy at Walgreens Store #12539, the Complainant requested a flu shot.
    2. The Complainant disclosed that he has HIV in response to a form from Walgreens.
    3. A Walgreens pharmacist told the Complainant the pharmacist was not permitted to give the Complainant a flu shot because of his HIV. The Complainant left upset and with no flu shot.
    4. On October 4, 2017, the Complainant filed a complaint with Walgreens regarding his denial of a flu shot.
    5. The Complainant was never offered or given a flu shot by Walgreens.
12. A healthcare provider cannot refer a patient with HIV or acquired immunodeficiency syndrome (AIDS) to another provider simply because the patient has HIV or AIDS. Any referral may be based on the fact that the treatment the patient is seeking is outside the expertise of the provider, but cannot be based on the patients HIV or AIDS status alone. See 28 U.S.C. 12182(b)(2)(A)(ii); 28 C.F.R. 36.302(b).
13. According to the Centers for Disease Control, people with HIV are at high risk of serious flu-related complications. Because the flu can result in serious illness, a flu vaccination is recommended for people with HIV. See Flu and People Living HIV, available at https://www.cdc.gov/flu/highrisk/hiv-flu.htm.
14. The United States has substantiated the complaint that Walgreens discriminated against the Complainant by denying him the opportunity to participate in or benefit from the goods, services, facilities, privileges, advantages, or accommodations of Walgreens on the basis of HIV, in violation of 42 U.S.C. 12182 and 28 C.F.R. 36.201.
15. The Complainant is an aggrieved person pursuant to 42 U.S.C. 12188(b)(2)(B).
16. This Agreement does not constitute an admission by Walgreens of any violation of Title III of the ADA.

1. Please read the SETTLEMENT AGREEMENT BETWEEN, THE UNITED STATES OF AMERICA AND WALGREEN COMPANY, UNDER THE AMERICANS WITH DISABILITIES ACT, DJ# 202-46-178.
   1. what were the issues in this case?
   2. Summarize the Coverage and Findings by answering these questions: what were the allegations against Walgreens? What violations were alleged? What was uncovered by the investigations?
   3. what were the other provisions?