FARGO – United States Attorney Jennifer Klemetsrud Puhl introduced that the U.S. Attorney’s Office for the District of North Dakota accomplished its investigation and entered right into a settlement settlement with Ulta Salon, Cosmetics & Fragrance, Inc. (“Ulta”) to resolve allegations that Ulta violated the Americans with Disabilities Act of 1990 (“ADA”). Specifically, a grievance alleged that Ulta refused to permit a person with a incapacity who makes use of a service animal to enter Ulta with her service animal. Ulta operates a retail retailer positioned in Fargo, North Dakota, the place the alleged incident occurred.
During its investigation, the U.S. Attorney’s Office discovered that the complainant tried to enter Ulta with her service animal. An Ulta worker advised the complainant she was not allowed to enter the shop with her service animal, and incorrectly advised her a North Dakota cosmetology statute prohibited service animals with out documentation.
Under the Americans with Disabilities Act, people with disabilities who use service animals might enter locations of public lodging, reminiscent of retail shops, with their service animals. There is not any requirement that people with disabilities present any documentation, licensure, or certification, neither is there a requirement that the service animal be carrying any vest, harness, or collar that signifies it’s a service animal. A service animal is solely any canine educated to work or carry out duties for people with disabilities. If a spot of public lodging is not sure whether or not an animal is a service animal, below the ADA they could solely ask two questions:
• Is the canine a service animal required due to a incapacity?
• What work or activity has the canine been educated to carry out?
Under the settlement settlement, Ulta agreed to undertake a nationwide service animal non-discrimination coverage for all its shops, present related coaching to its staff relating to the ADA, publish signage indicating service animals are welcome, and pay $1,000 in damages to the complainant.
“People with disabilities who’re accompanied by a service animal are entitled to come back and go freely in the neighborhood,” mentioned United States Attorney Puhl. “The corrective measures agreed to by Ulta will give people with disabilities an equal alternative to benefit from the largest magnificence retailor within the United States, as is required by the ADA. We hope different proprietors will proactively comply with this vital civil rights legislation. Service animals play an vital function to make sure the independence of individuals with disabilities, and the U.S. Attorney’s Office is dedicated to making sure that people with disabilities may have full and equal entry to locations of public lodging.”
This matter was dealt with by Assistant U.S. Attorney Melissa H. Burkland of the District of North Dakota.
Any member of the general public who needs to file a grievance alleging that anywhere of public lodging or public entity in North Dakota is just not accessible to individuals with disabilities might file a grievance on-line at www.ada.gov or contact the U.S. Attorney’s Office at 701-297-7400.
######
https://www.justice.gov/usao-nd/pr/us-attorney-s-office-reaches-ada-settlement-ulta-salon-cosmetics-fragrance-inc
