SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND FLORIDA STATE UNIVERSITY DJ No. 205-17-13

I. BACKGROUND

5. FSU is a person within the meaning of 42 U.S.C. § 12111(7) and 42 U.S.C. § 2000e(a), an employer within the meaning of 42 U.S.C. § 12111(5), and a covered entity within the meaning of 42 U.S.C. § 12111(2).

6. Under Title I of the ADA, it is unlawful for an employer to make inquiries as to whether an applicant is an individual with a disability, or as to the nature of such disability, before making a conditional offer of employment.  42 U.S.C. § 12112(d); 29 C.F.R. §1630.13(a)

7. On December 3, 2012, the Department notified FSU that the FSU Police Department’s  online law enforcement application form required applicants to provide information on “past or present physical handicap or disability” and other medical conditions.

8. The United States alleges that FSU has engaged in a pattern or practice of discrimination under the ADA by requiring FSU law enforcement applicants to submit their medical history and disclose any disabilities in their online applications prior to making an offer of employment.

9. FSU has fully cooperated with the compliance review and continues to be committed to compliance with the ADA.