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Immigrant New Yorkers Achieve Major Civil Rights Victory - Complaint to New York State Attorney General Results in Landmark Settlement Agreements with National Pharmacy Chains

Thursday, November 13

  • Organization: New York Lawyers for the Public Interest

FOR IMMEDIATE RELEASE
Press Release
Contacts:
Theo Oshiro, Make the Road New York, 718-418-7651 x218; cell: 347-806-0125
Andrew Friedman, Make the Road New York, 718-418-7690 x206
Nisha Agarwal, New York Lawyers for the Public Interest, 212-244-4664 x353


Immigrant New Yorkers Achieve Major Civil Rights Victory
Complaint to New York State Attorney General Results in Landmark Settlement
Agreements with National Pharmacy Chains to Provide Medication Information in
Patients’ Primary Languages


New York City – Hundreds of immigrant community members celebrated an important civil
rights victory today, when the New York State Attorney General, Andrew Cuomo,
announced the signing of settlement agreements with CVS and Rite-Aid pharmacies that
require both pharmacy chains to provide free language assistance services to non-English
speaking patients. The agreements are the result of a civil rights complaint filed by Make
the Road New York and the New York Lawyers for the Public Interest, alleging that
CVS, Rite-Aid and other pharmacies throughout New York City violated civil rights laws by
failing to provide interpretation services and translated medication labels for patients who
are limited English proficient (LEP).


“We spoke with dozens of community members and conducted our own investigation of the
problem, and it was clear that significant numbers of limited-English-proficient patients were
not receiving the translation and interpretation services that pharmacies have to provide by
law,” said Barcilides Matos, a Board Member of Make the Road New York. “We are glad
that the Attorney General’s office responded to our complaint, investigated this problem,
and reached a resolution with two of the largest chain pharmacies in the country.”
The groups cited cases in which people were forced to put their health or that of their
children at risk because they do not understand the labels on the medicines they take
home. “Once, I took a bottle of what I thought was a syrup for my child to drink. I gave him
a couple of teaspoons and later I found out that it was actually something to put on his skin.
I didn’t know because nobody at the pharmacy explained this when they gave it to me and
the label was in English,” said Catalina Martinez, a Spanish-speaking member of Make the
Road New York.


“I work with community members who tell me that they are afraid to even go to the
pharmacy anymore because they know they will not be able to communicate.” said Theo
Oshiro, Director of Health Advocacy at Make the Road New York. “Hopefully as a result of
these settlement agreements, we will see major improvements in pharmacies throughout
New York.”


According to Nisha Agarwal, a staff attorney at New York Lawyers for the Public Interest,
pharmacies are required to make sure their patients understand the medicines they are
taking home. “Federal civil rights law, New York State law, and New York City law all make
it clear that pharmacies should provide translation services in order to ensure equal access.
It is clear that many pharmacies are breaking the law,” said Agarwal. “The agreements that
the Attorney General signed with CVS and Rite-Aid are a clear signal that these laws will be
enforced, and that all pharmacies must comply to ensure equal access and patient safety.”
The settlement agreements signed today will impact over 2,000 CVS and Rite-Aid stores
across New York State, and require, among other things, that pharmacies make translated
prescription labels available in the top six languages spoken in New York and ensure that
customers of the pharmacy receive medication counseling in their primary language.
According to Mr. Oshiro, of Make the Road: “The Attorney General’s office is to be
congratulated for signing these agreements, but the true victory belongs to the hundreds of
immigrant community members who stepped forward, spoke up, and took action to ensure
that all New Yorkers can safely access pharmacies regardless of the language they speak.”

The National Campaign to Restore Civil Rights has published an article in the Clearinghouse Review examining the potential impact of the Civil Rights Act of 2008. You can read the summary of the article here, or download the full pdf version of the article.

The National Campaign to Restore Civil Rights works to ensure that the courts protect and preserve justice, fairness, and opportunity for everyone.

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