Winter Park Plastic Surgery Center Settles Claims to Improve Access to Services for Patients with Disabilities

Orlando, Florida - Kamran Azad MD P.A., d/b/a Azad Plastic Surgery (APS), a plastic surgery center in Winter Park, has agreed to settle allegations that it violated Title III of the Americans with Disabilities Act (ADA). U.S. Attorney Gregory W. Kehoe made the announcement.

The U.S. Attorney's Office opened an investigation into APS after receiving a complaint from an individual alleging APS refused to provide him with plastic surgery services because he has Human Immunodeficiency Virus (HIV). During the investigation, the U.S. Attorney's Office received a second complaint from an individual alleging APS refused to provide her with plastic surgery services because she has Crohn's disease. As a result of the investigation, the United States determined that APS violated the ADA when it discriminated against the complainants by refusing to schedule them for plastic surgery consultations because they have HIV and Crohn's disease, respectively. APS relied on incorrect assumptions and stereotypes about HIV and Crohn's disease, not on current medical knowledge, when deciding to deny the complainants access to its services.

Under the terms of the settlement agreement, APS must pay a total of $40,000 in compensatory damages, with $20,000 to be paid to each complainant. APS must adopt, maintain, and enforce a non-discrimination policy regarding the prohibition of discrimination on the basis of disability, and post that policy on its website. APS must also provide training to all personnel on the non-discrimination requirements under the ADA. The training will also cover HIV discrimination and providing plastic surgery services for patients with HIV. Finally, for the next two years, APS must report any disability discrimination complaints it receives to the United States.

Assistant United States Attorney Alexandra N. Karahalios handled this case.

Title III of the ADA prohibits public accommodations, including professional offices of health care providers, from discriminating against individuals on the basis of disability in the full and equal enjoyment of their goods, services, facilities, privileges, advantages, or accommodations ("goods or services"). In general, Title III prohibits public accommodations from subjecting an individual on the basis of disability to a denial of the opportunity to participate in or benefit from its goods or services. Specifically, public accommodations shall not impose or apply eligibility criteria that screen out or tend to screen out an individual with a disability or any class of individuals with disabilities from fully and equally enjoying any goods or services being offered. Public accommodation must make reasonable modifications in policies, practices, or procedures necessary to afford an individual with a disability with their goods or services.

Individuals who believe they may have experienced discrimination may contact the Civil Rights Unit of the United States Attorney's Office for the Middle District of Florida by calling our Civil Rights Hotline at (813) 274-6095 or emailing us at [email protected]. To fill out our civil rights complaint form, please visit https://www.justice.gov/usao-mdfl/civil-rights-complaint-form.

The Attorney General is authorized to investigate alleged violations of Title III of the ADA and to bring a civil action in federal court if the United States is unable to secure voluntary compliance in any case that involves a pattern or practice of discrimination or that raises issues of general public importance. Ensuring that professional offices of health care providers do not discriminate against patients with disabilities is an issue of general public importance.

For more information on the ADA, visit https://www.ada.gov or call the Department of Justice's toll-free ADA Information Line at (800) 514-0301 (Voice) or (833) 610-1264 (TTY). Accessibility specialists are available to answer questions from individuals, businesses, and state or local governments. All calls are confidential.