SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF WOODLAKE

III.          GENERAL AGREEMENT

7. The City shall not discriminate against qualified individuals on the basis of disability in violation of the ADA. 42 U.S.C. § 12112(a).

8. The City shall abide by all of the requirements of the ADA, including the requirement that it not conduct any medical examination or inquiry before making an offer of employment as set forth in 42 U.S.C. § 12112(d).

9. The City shall:

   1. eliminate its policy of requiring job applicants to undergo a pre-employment medical examination before receiving an offer of employment;

   2. (b)    develop and implement a written “Disability Rights Policy” that outlines the City’s obligations under title I of the ADA, including:

      1. (i)    not to discriminate against individuals with disabilities in making personnel decisions, including, but not limited to, hiring or promoting employees;

      2. (ii)    not to make disability-related inquiries or conduct medical examinations of an applicant before making an offer of employment;

      3. (iii)    once a conditional job offer is made, not to make disability-related inquiries or conduct medical examinations of an applicant, unless this is done for all entering employees in that job category regardless of disability; and

      4. (iv)    not to make disability-related inquiries or require medical examinations of an employee, unless such examination or inquiry is shown to be job-related and consistent with business necessity, as required by title I of the ADA;

   3. (c)    revise all hiring policies and practices, including as stated in the City of Woodlake Rules, to comply with the requirements of title I of the ADA and the EEOC’s “Enforcement Guidance: Pre employment Disability-Related Questions and Medical Examinations,” available at http://www.eeoc.gov/policy/docs/preemp.html; and

   4. (d)    revise all City 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 title I of the ADA.

10. Within 120 days of the effective date of this Agreement, the City shall provide training on title I of the ADA, including the City’s responsibilities relating to medical examinations or inquiries of applicants, 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 90 days of the start of their supervisory position.

11. The City shall ensure that all training manuals or written materials dealing with City employees and hiring policies and practices, revised or created after the effective date of this Agreement, are consistent with the provisions of this Agreement, and shall provide, upon request by the United States, copies of all such training manuals and written materials dealing with City employees and hiring policies and practices for review by the Department for compliance with the provisions of this Agreement.

12. The actions described in paragraphs 7-11 of this Agreement shall be completed by the City within 120 days of the effective date of this Agreement, unless otherwise specified therein.

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