SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND ILLINOIS STATE POLICE

I. BACKGROUND

4. This matter is based on the provisions of the ADA and GINA, and their implementing regulations, 29 C.F.R. Parts 1630 and 1635.

5. Specifically, this matter is based on Section 107(a) of Title I of the ADA, 42 U.S.C. § 12117(a) which incorporates by reference Section 707 of Title VII, 42 U.S.C. § 2000e-6, and GINA, 42 U.S.C. § 2000ff.

6. This matter was initiated by a complaint to the Department of Justice "Department" on behalf of applicants for ISP cadet vacancies.

7. The ISP 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 42 U.S.C. § 2000e(b), and a covered entity within the meaning of 42 U.S.C. § 12111(2).

8. The United States alleges that the claimants listed in paragraph 24 below, are individuals with disabilities within the meaning of 42 U.S.C. § 12111(8).

9. The United States alleges that the ISP is engaged in a pattern or practice of discrimination by maintaining a policy whereby applicants for cadet job vacancies are automatically excluded from consideration for employment if the applicant:

   (a) has a hearing loss and was not permited the use of assistive devices, such as a hearing aids, in the cadet medical screening, or
   (b) has diabetes mellitus which is controlled by the use of an insulin pump.

10. The United States further alleges and the ISP denies that the ISP is unable to demonstrate that the job qualification standards described in paragraphs 9(a) and 9(b) above are job-related and consistent with business necessity for the position of trooper. 42 U.S.C. § 12112 b(6).

11. The United States alleges and the ISP denies that the ISP's hiring policy as described in paragraph 9 above imposes a per se ban on employment of persons with disabilities. 42 U.S.C.§ 12112 b(5) and (6)

12. The United States alleges and the ISP denies that, as a result of the pattern or practice of discrimination described in paragraph 9 above, the ISP unlawfully denied employment to qualified applicants with disabilities for cadet jobs based on their disabilities.

13. The ISP denies all of the United States' allegations in paragraphs 9-12.