The United States has reached a settlement with Aqua Services, Inc. a company providing water and wastewater utility services to millions of people in eight states, including Bucks County said the U.S Attorney’s office for the Eastern District of Pennsylvania in a disability communications discrimination claim against the company Thursday
The settlement ensures equal access to Aqua’s customer service telephone line for individuals with disabilities pursuant to the Americans with Disabilities Act (“ADA”). Title III of the ADA prohibits discrimination against individuals with disabilities by businesses that serve the public, officials said.
An undisclosed sum was paid the unidentified individual as part of the agreement, attorney’s office said.
The crux of the original complaint, U.S Attorney Jacqueline C. Romero said was filed with the Department of Justice by an Aqua customer alleging that Aqua failed to effectively communicate with him when he called its customer service telephone line. The complainant, who is nonspeaking due to a disability, uses a relay calling service to communicate by telephone. The complainant alleged that on several occasions when he called Aqua’s customer service line to address a billing issue, the customer service representatives who answered the phone hung up on him rather than accept the relay call. As a result, he alleged, he was unable to promptly resolve his billing issue.
The ADA requires that businesses communicate with people with disabilities — including people who have vision, hearing, or speech disabilities — as effectively as they communicate with people without disabilities. This can include communicating through auxiliary aids and services such as telephone relay services.
“Many individuals who have hearing or speaking disabilities use relay services to communicate by phone,” said U.S. Attorney Romero. “Businesses must ensure that their employees are prepared to communicate effectively with customers who use such services. My office appreciates Aqua’s cooperation during this investigation and its commitment to effective communication with its customers who have disabilities.”
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Part of the negotiated agreement, requires Aqua to designate an ADA Coordinator, implement a telephone number and email address to receive comments and complaints relating to access to Aqua’s customer service line, and adopt a policy for effectively communicating with people with disabilities. A time frame for the implementation of the policy was not specified by the eastern district.
The U.S. Attorney’s Office for the Eastern District of Pennsylvania is committed to investigating alleged violations of the ADA. Those interested in learning more about obligations under the ADA may access https://www.ada.gov/ or call the Department of Justice’s toll-free information line at (800) 514-0301 or (800) 514-0383 (TDD). Information about filing a complaint, including instructions for filing a complaint online, can be found at https://www.justice.gov/crt/how-file-complaint. This matter was handled by Assistant U.S. Attorney Erin E. Lindgren.
The claims resolved by the settlement are allegations only and there has been no determination of liability.