US Attorney’s Office Reaches ADA Settlement with Ulta Salon, Cosmetics & Fragrance, Inc. | USAO-ND

FARGO – U.S. Attorney Jennifer Klemetsrud Puhl announced that the U.S. Attorney’s Office for the District of North Dakota has completed its investigation and entered into a settlement agreement with Ulta Salon, Cosmetics & Fragrance, Inc. (“Ulta”) to resolve the allegations that Ulta violated the Americans with Disabilities Act of 1990 (“ADA”). Specifically, one complaint alleged that Ulta refused to allow a person with a disability who uses a service animal to enter Ulta with their service animal. Ulta operates a retail store located in Fargo, North Dakota, where the alleged incident occurred.

During its investigation, the U.S. Attorney’s Office discovered that the complainant attempted to enter Ulta with her service animal. An Ulta employee told the complainant that she was not allowed to enter the store with her service animal and falsely told her that a cosmetology law in North Dakota prohibits pets. undocumented assistance.

Under the Americans with Disabilities Act, people with disabilities who use service animals can enter public accommodations, such as retail stores, with their service animals. Persons with disabilities do not need to show any documentation, license or certification, or for the service animal to wear a vest, harness or collar indicating that it is a service animal. assistance. A service animal is simply a dog trained to work or perform tasks for people with disabilities. If a public accommodation is unsure whether an animal is a service animal, under the ADA, they can only ask two questions:

• Is the dog a required service animal due to a disability?

• What job or task was the dog trained for?

Under the settlement agreement, Ulta agreed to adopt a nationwide service animal non-discrimination policy for all of its stores, provide relevant ADA training to its employees, post signs indicating that service animals are welcome and to pay the plaintiff $1,000 in damages.

“People with disabilities who are accompanied by a service animal have the right to come and go freely in the community,” U.S. Attorney Puhl said. “The remedies agreed to by Ulta will give people with disabilities an equal opportunity to enjoy the largest retailer of beauty products in the United States, as required by the ADA. We hope other owners will proactively comply with This important civil rights law Service Animals play an important role in ensuring the independence of people with disabilities, and the U.S. Attorney’s Office is committed to ensuring that people with disabilities will have full and equal access to places of care. public accommodation.

This case was handled by Assistant U.S. Attorney Melissa H. Burkland of the District of North Dakota.

Any member of the public who wishes to file a complaint alleging that a public accommodation or public entity in North Dakota is not accessible to persons with disabilities may file a complaint online at www.ada.gov or contact the office from the U.S. Attorney at 701-297-7400.

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Donovan B. Sanford