Roberts v. KinderCare Learning Centers

Brandon Roberts (plaintiff) was a four-year-old child with developmental difficulties, a seizure disorder, and other behavioral problems. In addition, Brandon was not toilet trained. The school system developed an individualized education program for Brandon that required him to have a personal-care attendant (PCA) always accompanying him for safety. The school funded the PCA, but turnover rates for PCAs were high, often leaving Brandon without his required one-on-one care at unpredictable times. Brandon’s mother attempted to enroll Brandon full-time at KinderCare Learning Centers, Inc. (KinderCare) (defendant). KinderCare operated day-care centers but generally provided group childcare rather than individualized care except in emergency situations. Brandon’s mother requested that KinderCare provide one-on-one care for Brandon whenever the PCA was absent. KinderCare allowed Brandon to attend but only when accompanied by a PCA because KinderCare could not provide consistent, substantial one-on-one care to Brandon. Brandon’s family filed suit against KinderCare, alleging that by allowing Brandon to attend only when accompanied by a PCA, KinderCare violated the Americans with Disabilities Act (ADA). KinderCare argued that providing one-on-one care to Brandon would fundamentally alter the nature of its services and create an undue burden on the business.