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

Conditional Offers

13. If the City withdraws a job offer based on medical or disability-related information, the City agrees to document and show either that the reasons for the exclusion are job-related and consistent with business necessity and the job cannot be performed with reasonable accommodation, or that the individual is being excluded to avoid a “direct threat” to health or safety that cannot be eliminated or reduced by reasonable accommodation.  See 42 U.S.C. §§ 12111(3), 12112, 12113; 29 C.F.R. §§ 1630.2(r), 1630.10, 1630.14, 1630.15.  A reasonable accommodation is not required if the City can demonstrate that the accommodation would impose an undue hardship, i.e., significant difficulty or expense, on the operation of its business.  42. U.S.C. §§ 12112(b)(5)(A), 12111(10), 29 C.F.R. §§ 1630.2(o)(4), (p), 1630.9.