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

Employees

14. The City shall not require a medical examination or make inquiries of an employee as to whether such employee is an individual with a disability or as to the nature or severity of the disability, unless such examination or inquiry is shown to be job-related and consistent with business necessity. The City agrees that, to the extent that any medical information is elicited or collected from any source for use in any medical examination or disability-related inquiry of employees, it will be limited in scope to exploring an employee's medical condition only to the extent necessary to confirm, if warranted: (a) the individual's ability to perform job-related functions, with or without a reasonable accommodation; or (b) whether the individual poses a direct threat to the health or safety of the individual or others in the workplace. See 42 U.S.C. §12112(d)(4), 12213; 29 C.F.R. §§ 1630.2(r), 1630.14(c), 1630.15.