NORFOLK, Va. — A continuing care retirement community (CCRC) in Virginia has agreed to pay a federal settlement and civil penalty to resolve charges that it discriminated against residents by creating segregated dining rooms for independent living residents versus those in higher levels of care.
The $350,000 settlement and $40,000 penalty, if approved by the court, would bring to an end the high-profile case that drew media scrutiny and raised questions about how CCRCs treat residents with differing health and medical conditions.
The complaint arose from a policy enacted in 2011 by Fort Norfolk Retirement Community Inc., doing business as Harbor’s Edge, a CCRC in Norfolk, Va.
First, Harbor’s Edge banned assisted living or nursing care residents from dining rooms used by independent living residents, according to the charges later filed by residents. The CCRC then relaxed the policy slightly, to allow assisted living residents to use the dining room if they passed an assessment.
The CCRC retaliated against residents and family members who complained about these policies, the charges state.
Fort Norfolk also discriminated against people with disabilities by charging a $300 non-refundable deposit if a resident used a motorized mobility aid, and requiring those residents to purchase liability insurance and obtain permission to use the aid within the facility, according to legal documents.