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

II.          TITLE I COVERAGE AND FINDINGS

4. 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.

5. The City 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)

6. The United States alleges that the City is engaged in a pattern or practice of discrimination by maintaining a policy whereby applicants for job vacancies are required to undergo an unlawful pre-employment medical examination before receiving an offer of employment, in violation of 42 U.S.C. § 12112(d)