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

II. GENERAL AGREEMENT

14. The ISP agrees that it shall not discriminate against a qualified individual on the basis of disability in violation of the ADA. 42 U.S.C. § 12112(a).

15. The ISP agrees that it will continue to abide by all of the requirements of the ADA, including the requirement that it offer a reasonable accommodation, where appropriate, to an individual with a disability.

16. The ISP agrees that it will:

    (a) eliminate its policy of automatically excluding applicants for cadet jobs who use assistive devices such as hearing aids to attenuate hearing loss;
    (b) implement a hiring policy whereby cadet job applicants who use hearing aids are individually assessed to determine their eligibility for hiring; and
    (c) revise all publications, including websites relating to any facet of employment, employment opportunities, and/or the process of applying for employment, to be consistent with the requirements of this paragraph.

17. The ISP agrees that it will:

    (a) eliminate its policy of automatically excluding cadet job applicants who control their diabetes mellitus condition through the use of an insulin pump;
    (b) implement a hiring policy whereby cadet job applicants who control their diabetes mellitus condition through the use of an insulin pump are individually assessed to determine eligibility for hiring; and
    (c) revise all publications, including websites relating to any facet of employment, employment opportunities, and/or the process of applying for employment, to be consistent with the requirements of this paragraph.

18. In conducting any medical examination or inquiry, the ISP agrees to provide, upon a request by the United States, written evidence that its post-offer pre-employment medical examinations or inquiries are required of all entering trooper cadets. If the ISP withdraws a job offer based on medical information, it must show that the reason for doing so was job-related and consistent with business necessity. The ISP can meet this standard by showing that it has a reasonable belief, based on objective evidence, that as a result of the disability, the applicant cannot perform the essential functions of the trooper job with or without a reasonable accommodation, or that the applicant will be unable to perform the essential functions of the trooper job without posing a direct threat as that term is defined within the ADA.

19. The ISP agrees to designate the ISP Office of Equal Employment Opportunity (EEO) to address ADA compliance matters. The ISP EEO Office shall serve as the primary contact on disability related issues and concerns raised by cadet candidates for ISP employment.

20. Within one hundred and twenty days of the effective date of this Agreement, the ISP shall provide training on all aspects of the ADA and GINA, including the ISP's responsibilities relating to medical examinations or inquiries and reasonable accommodations to applicants with disabilities, to (i) all employees who participate in making personnel decisions, (collectively "supervisors"), and (ii) all new supervisors, who participate in personnel decisions, whether by hire or promotion, after the effective date of this Agreement and within ninety days of the start of their supervisory position.

21. The ISP agrees that all training manuals or written materials dealing with ISP employees and hiring policies and practices, revised or created after the effective date of this Agreement, shall be consistent with the provisions of this Agreement.

22. The actions described in paragraphs 14-21 of this Agreement will be completed by the ISP within ninety days of the effective date of this Agreement.

23. The ISP shall not retaliate against any person because that person has opposed the ISP's allegedly discriminatory policies or practices in any manner, or because that person has cooperated with the Department's investigation of the ISP's employment practices or any proceedings connected with that investigation or with the administration of this Agreement.