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

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.