SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF PAROWAN, UTAH DJ # 205-77-1

Applicants

11. The City agrees that it will not conduct any medical examination or make any disability-related inquiry of a job applicant before an offer of employment has been made to the job applicant, except as addressed in Paragraphs 12 and 13.  42 U.S.C. § 12112(d). 29 C.F.R. § 1630.13(a).

12. During the job application process, the City may describe the hiring process to applicants, and may ask applicants whether they will need a reasonable accommodation for the process (such as a request for the employer to reformat an examination, or a request for an accommodation in connection with a job demonstration).  If the need for accommodation is not obvious, the City may require applicants to provide documentation from an appropriate professional, such as a doctor or a rehabilitation counselor, on the applicant's disability and functional limitations.  Disclosure of any medical or disability-related information received from an applicant requesting a reasonable accommodation for an interview or employment test shall be limited to personnel specified in Paragraph 15 below.  Any medical information elicited or collected from applicants shall be maintained as specified in Paragraph 15 below.