SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES DEPARTMENT OF
                        JUSTICE AND FISHER FUNERAL HOME
                                COMPLAINT DJ X

                                 Background

        In July 1993, the United States received an administrative
complaint alleging a violation of title III of the Americans with
Disabilities Act ("ADA"), 42 U.S.C. SS 12181-12189, and the
implementing regulation, 28 C.F.R. pt. 36., by the Fisher Funeral
Home, a private entity in Portsmouth, Virginia, that provides
funeral services to the general public. Specifically, the
complaint alleged that the Fisher Funeral Home had charged a
family $300 more to embalm the remains of their son because he
died from complications related to AIDS than it charged to embalm
other remains.
        During the course of its investigation of the complaint, the
Department of Justice determined that between July 26, 1992, and
November 1993, it was the policy and practice of the Fisher
Funeral Home to charge its clients $140.00 for the embalming of
"normal remains," $190.00 for "autopsy remains," and $440.00 for
"infectious disease remains." The Department of Justice also
determined that the Fisher Funeral Home entered into contracts
with nine clients during that period which required those clients
to pay $440.00 for embalming services because a relative or loved
one died from AIDS-related complications or another infectious
disease.
        In November 1993, following the initiation of the Department
of Justice investigation, the Fisher Funeral Home changed its
pricing policy for embalming services. Since then, the United
States and the Fisher Funeral Home have consented to enter into
this Settlement Agreement (the "Agreement") without a trial or an
adjudication of any issues of fact or law.
        The United States and the Fisher Funeral Home agree that the
Agreement and the resolution of the United States' investigation
are in the public interest and that these matters can be resolved
as set forth below.

                                AGREEMENT

ACCORDINGLY, IT IS HEREBY AGREED THAT:

        1.      The parties to this settlement are the United States
Department of Justice ("United States") and the Fisher Funeral
Home.
        2.      The Fisher Funeral Home is a private entity that
provides funeral services to the general public and as such is a
public accommodation within the meaning of title III of the ADA,
42 U.S.C. S 12181, and 28 C.F.R. S 36.104.
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        3.      During the period between July 26, 1992, and November,
1993, it was the policy and practice of the Fisher Funeral Home
to charge its clients $300 more to embalm persons who died from
AIDS-related complications or another infectious disease than it
charged other clients to embalm persons who did not knowingly die
from an infectious disease. In those instances where a person
knowingly died from AIDS-related complications or another
infectious disease, the Fisher Funeral Home arranged for a trade
embalmer to perform the embalming services and the cost of those
services was passed on to its clients. In most, if not all,
other instances, personnel at the Fisher Funeral Home performed
the embalming services on the premises.
        4.      During the period between July 26, 1992 and November,
1993, the Fisher Funeral Home entered into contracts with nine
clients who were required to pay $440.00 for embalming services
because a relative or loved one died from AIDS-related
complications or another infectious disease.
        5.      Each of the persons who was embalmed under the terms of
the contracts at issue was a person with a disability within the
meaning of the ADA, 42 U.S.C. S 12102(2) and 28 C.F.R. S 36.104.
        6.      Since 1987, the Centers for Disease Control ("CDC"), of
the U.S. Department of Health and Human Services, have
recommended that health care workers and other personnel exposed
to blood and certain other bodily fluids, including morticians,
follow "universal precautions" in order to minimize the risk of
transmission of the human immunodeficiency virus ("HIV"), the
hepatitis B virus ("HBV"), and other bloodborne pathogens.
Recommendations for prevention of HIV transmission in health-care
settings, 36 Morbidity and Mortality Weekly Report ("MMWR") 1987;
36 (suppl. no. 2S): 1-18S.
        7.      Funeral home personnel also are subject to the
requirements of the Bloodborne Pathogen Rule promulgated by the
Occupational Safety and Health Administration ("OSHA") of the
U.S. Department of Labor. 29 C.F.R. S 1910.1030 (1991). The
Bloodborne Pathogen Rule requires employers to ensure that
employees observe universal precautions when they are
occupationally exposed to blood and other potentially infectious
materials. 29 C.F.R. SS 1910.1030(a) and (d)(1)-(d)(4).
        8.      "Universal precautions" set forth in the CDC guidelines
and the Bloodborne Pathogen Rule, are principles of infection
control. The concept of "universal precautions" stresses that
all human blood and certain bodily fluids must be assumed to be
infectious for HIV, HBV, and other bloodborne pathogens, because
persons who are exposed to blood and other potentially infectious
bodily fluids are not always in a position to know whether such
bodily fluids presently harbor or once harbored an infectious
disease. Therefore, health care workers and others, including
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morticians, should treat all persons as potentially infected with
HIV and/or other blood-borne pathogens and adhere rigorously to
the use of universal precautions.
        9.      There is no reasonable basis to believe that the
embalming of persons who have died from AIDS-related
complications, HBV or any other infectious disease poses a direct
or significant threat to the health or safety of others, provided
that persons who are occupationally exposed to blood and other
potentially infectious materials follow universal precautions as
defined by the CDC and by OSHA.
        10.     Therefore, there is no reasonable basis for charging
more to embalm bodies harboring an infectious disease than those
that do not knowingly harbor an infectious disease because
universal precautions must be followed in all instances.
        11.     The actions described in paragraphs 3 and 4 above
constitute violations of the following provisions of the ADA: the
duty to afford the goods and services of a place of public
accommodation on an equal basis pursuant to 42 U.S.C.
S 12182(b)(1)(A)(ii) and 28 C.F.R. S 36.202(b) of the implementing
regulation; the duty to eliminate discriminatory eligibility
criteria pursuant to 42 U.S.C. S 12182(b)(2)(A)(ii) and 28 C.F.R.
S 36.301 of the implementing regulation; the duty to make
reasonable modifications of policies, practices, and procedures
pursuant to 42 U.S.C. S 12182(b)(2)(A)(ii) and 28 C.F.R.
S 36.302(a); and the duty not to deny equal goods or services to
an individual because of the known disability of an individual
with whom the individual is known to have a relationship or
association pursuant to 42 U.S.C. S 12182(b)(1)(E) and 28 C.F.R.
S 36.205 of the implementing regulation.
        12.     Within 30 days of the effective date of this Agreement,
the Fisher Funeral Home shall make a diligent effort to locate
the complainant and the other eight clients and pay them the
following specified amounts. The complainant shall be paid a sum
of $1,500 and the remaining clients shall be paid a sum of $600.
Payment shall be made in the form of a check drawn payable to
each of the persons who signed the contract and mailed to each of
the clients by first-class certified mail.
        13.     Within 30 days of the effective date of this Agreement,
the Fisher Funeral Home shall designate an employee who is
charged with the responsibility of ensuring compliance with the
ADA.
        14.     Within 60 days of the effective date of this Agreement,
the Fisher Funeral Home shall adopt a written policy, subject to
the approval of the Department of Justice, that indicates that
the Fisher Funeral Home is committed to providing its services to
all persons on an equal basis, without regard to disability,
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        20.     This Agreement is a public document. A copy of this
document or any information contained in it may be made available
to any person by the Fisher Funeral Home or the United States on
request.
        21.     This Agreement constitutes the entire Agreement between
the parties on the matters raised herein, and no other statement,
promise, or Agreement, either written or oral, made by either
party or agents of either party, that is not contained in this
written Agreement, shall be enforceable.
        22.     This Agreement is limited to the facts set forth herein
and it does not purport to remedy any other potential violations
of the ADA or any other Federal law. This Agreement does not
affect the continuing responsibility of the Fisher Funeral Home
to comply with all aspects of the ADA. In particular, this
Agreement does not affect the duties of the Fisher Funeral Home
with regard to the alterations and new construction requirements
of the ADA, nor with regard to barrier removal in any facility
owned and/or operated by the Fisher Funeral Home.
        23.     The effective date of this Agreement is the date of the
last signature below. This Agreement shall be binding on the
Fisher Funeral Home as well as its principals, agents and
successors in interest.

Agreed and Consented to:

For the United States:                  For the Fisher Funeral Home:

DEVAL PATRICK
Assistant Attorney General
Civil Rights Division

JOHN L. WODATCH                         T. SCOTT GILLIGAN
IRENE BOWEN                             Kepley, MacConnell & Eyrich
SHEILA K. DELANEY                       525 Vine Street
Disability Rights Section               Suite 2200
Civil Rights Division                   Cincinatti, Ohio 45202
U.S. Department of Justice              (513) 241-5540
P.O. Box 66738
Washington, D.C. 20035-6738
(202) 307-6309

Signed: January 18, 1996                Signed: December 4, 1995
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