Filed Date: Sept. 19, 2019
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On September 19, 2019, the National Federation of the Blind and a individual plaintiff who is blind and is a former federal employee filed suit against the U.S. Office of Personnel Management (OPM), the director of OPM and Blue Cross Blue Shield Association. The plaintiffs alleged that the defendants failed to ensure the website for the Blue Cross Blue Shield Federal Employee Program (BC BS FEP) was accessible to blind individuals, in violation of Section 508 and Section 504 of the Rehabilitation Act, the Affordable Care Act and the ADA, as well as the Washington state anti-discrimination law.The suit was filed in the U.S. District Court for the Northern District of Illinois, and assigned to the District Judge Sharon Johnson Coleman. and Magistrate Judge David M. Weisman.
On December 4, 2020, plaintiffs filed a First Amended Complaint.
On January 19, 2021 defendant Blue Cross Blue Shield Association moved to dismiss for failure to state a claim. On February 17, 2021, plaintiffs filed its opposition to Blue Cross Blue Shield Association’s motion to dismiss.
After extensive negotiations, on May 12, 2021 the plaintiffs and defendant OPM filed a consent decree which recited the steps OPM had taken during 2020 to update and make accessible information about all three Federal Employee Health Benefit (FEHB) plans on OPM.gov and set forth the steps OPM would be taking in 2021 to conform with WCAG 2.0 AA. OPM also agreed to approve and begin to implement its updated agency-wide policy for compliance with Section 508 of the Rehabilitation Act of 1973. The Consent Decree also requires OPM to issue a carrier letter to FEHB carriers instructing them to take the necessary steps to make the Carriers FEHB plans content on their websites and mobile applications conform with the WCAG 2.0 AA standards. The Court retained limited jurisdiction to enforce the terms of the Consent Decree. The Consent Decree also provides for payment of $75,000 in attorneys fees to plaintiffs counsel.
On July 28, 2021, the parties filed a stipulation of dismissal.
Summary Authors
NDRN (12/30/2022)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16218022/parties/national-federation-of-the-blind-inc-v-united-states-office-of-personnel/
Coleman, Sharon Johnson (Illinois)
Basche, Monica Rae (Illinois)
Chapin, Christina Rae (Illinois)
Chicago, AUSA - (Illinois)
Fernandez, Luis Eduardo (Illinois)
See docket on RECAP: https://www.courtlistener.com/docket/16218022/national-federation-of-the-blind-inc-v-united-states-office-of-personnel/
Last updated Dec. 16, 2024, 4:39 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Illinois
Case Type(s):
Key Dates
Filing Date: Sept. 19, 2019
Case Ongoing: No reason to think so
Plaintiffs
Plaintiff Description:
one individual and organizational plaintiff
Plaintiff Type(s):
Non-profit NON-religious organization
Attorney Organizations:
NDRN/Protection & Advocacy Organizations
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Blue Cross & Blue Shield & U.S. Off. of Per. Mgmt, Non-profit or advocacy
Case Details
Causes of Action:
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Affordable Care Act Section 1557, 42 U.S.C. § 18116
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Content of Injunction:
Amount Defendant Pays: $75,000
Issues
General/Misc.:
Disability and Disability Rights:
Discrimination Area:
Discrimination Basis: