Cohen and Wolf, P.C. and Attorney Sara Bigman Represent Client in Connecticut DMV Disability Discrimination Settlement
Cohen and Wolf, P.C. and Attorney Sara Bigman represented client Brittany Palmer in a recent settlement resolving her disability discrimination claim filed with the Connecticut Commission on Human Rights and Opportunities (“CHRO”) against the State of Connecticut Department of Motor Vehicles. The announcement comes during Disability Pride Month and in recognition of the continuing importance of the Americans with Disabilities Act (“ADA”).
Cohen and Wolf represented Ms. Palmer after the DMV initiated a medical review process following her attempt to transfer her out-of-state driver’s license back to Connecticut. The process was triggered based solely on Ms. Palmer’s physical disability and required her to submit to medical examinations unrelated to her condition, without the opportunity to appeal. In her complaint, Ms. Palmer alleged that she received her Connecticut driver’s license more than twenty years ago, while presenting with the same physical disability, and that she has since continually operated a motor vehicle safely without accommodations.
The parties were able to reach a settlement wherein Attorney Sara Bigman helped obtain monetary relief for Ms. Palmer, including her out-of-pocket costs associated with the medical review process and attorneys’ fees. The parties also agreed the DMV would implement new policies intended to strengthen procedural protections for drivers with disabilities.
Cohen and Wolf’s advocacy also resulted in the DMV committing to consult with the CHRO regarding additional materials that may be available related to implicit bias and the Americans with Disabilities Act for inclusion in its annual anti-discrimination training. The DMV further agreed to revise its procedures for investigating Unsafe Driver Complaints so that an individualized analysis is conducted, including requirements such as an affidavit from the complainant, a driver-history review, and, where warranted for novel or unusual complaints, legal review to determine the validity of the complaint and appropriate next steps on a case-by-case basis, a departure from its prior practice of an unsafe driver complaint automatically triggering a medical review process. The agreement resolves the matter without any admission of wrongdoing by any party.
The settlement further requires the DMV to ensure that its Suspension Notice includes language advising drivers of their ability to seek an appeal and explaining the process for requesting additional time to obtain documentation or examinations requested by the DMV.
“What the Connecticut DMV put me through was incredibly stressful and upsetting. My goal was to prevent this from happening to others by ensuring that proper internal policies and driver rights were in place,” explained Brittany Palmer. “The settlement represents a giant step towards that, and I applaud the State of Connecticut for recognizing that changes needed to be made. I am incredibly grateful for the work that Attorney Sara Bigman did to facilitate the settlement and make my goals a reality.”
Disability Pride Month is observed each July and is closely tied to the anniversary of the Americans with Disabilities Act, which was signed into law on July 26, 1990. The ADA recognizes that disability rights are civil rights and seeks to ensure equal opportunity, full participation, independent living, and economic self-sufficiency for people with disabilities.
“This settlement is meaningful because it addresses not only Ms. Palmer’s experience, but also provides safeguards for other individuals with disabilities,” said Attorney Sara Bigman of Cohen and Wolf, P.C. “Instituting an individualized review process in response to unsafe driver affidavits, allowing an avenue through which drivers can appeal, and increasing implicit bias training for employees are all important steps towards ensuring equal access for individuals with disabilities in places of public accommodation. I am pleased to have worked with Ms. Palmer and the DMV on implementing these important changes.”
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