SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF FALLON, NEVADA

I. BACKGROUND

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 a covered entity within the meaning of 42 U.S.C. § 12111(2).

6. Under Title I of the ADA, it is unlawful for an employer to make inquiries as to whether an applicant is an individual with a disability or as to the nature of such disability before making a conditional offer of employment. 42 U.S.C. § 12112(d). 29 C.F.R. § 1630.13(a).

7. On July 8, 2013, the Department notified the City that it was investigating the job application procedures of the City.  At that time, the City’s general Application for Employment and its separate Employment Application for the Police Department required applicants to answer the following inquiry:  “Are you now receiving or have your ever received any benefits or payments to you or your doctor for any job related injury?  If yes, when and where did this occur?”  As of April 2014, the City’s Employment Application for the Police Department requires applicants to answer the following inquiry: “Are you capable of performing the job duties (as outlined in the job description) required of the position without assistance or accommodation?”    

8. The United States alleges that the City has engaged in a pattern or practice of discrimination under the ADA by requiring applicants to disclose disabilities and/or medical information in their applications prior to making a conditional offer of employment.

9. The City has fully cooperated with the compliance review.