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

Training

16. The City shall provide training on the ADA (“ADA Training”) to all current supervisory employees and all employees who participate in making hiring or personnel decisions (collectively, “Supervisors”).  The City shall provide such ADA Training to all Supervisors within one hundred and twenty (120) days of the effective date of this Agreement.  Such ADA Training shall also be provided to new Supervisors (whether by hire or promotion), following the effective date of this Agreement, within forty-five (45) days after the start of their employment as Supervisors.  The City shall maintain attendance logs reflecting the date of the training and the names of all training attendees, along with the attendees’ job titles.  The ADA Training shall cover the City’s responsibilities under the ADA and include instruction on procedures for:  (1) conducting medical examinations and disability-related inquiries of employees and applicants; (2) engaging in an interactive process to determine appropriate reasonable accommodations to the known physical or mental impairments of otherwise qualified applicants or employees with disabilities to allow those applicants or employees to perform the essential functions of their jobs; and (3) complying with the prohibition on retaliation against employees based on their protected activity, as defined by the ADA. See, e. g. , http://www.eeoc.gov/policy/docs/accommodation.html; http://www.eeoc.gov/policy/docs/guidance-inquiries.html; http://www. eeoc.gov/policy/docs/qanda-inquiries.html; http://www.eeoc.gov/policy/docs/preemp.html; http://www.eeoc.gov/laws/statutes/adaaa_notice.cfm; and http://www.eeoc.gov/laws/types/facts-retal.cfm.

17. Within sixty (60) days of the effective date of this Agreement, the City shall submit to the Department for approval, which shall not be unreasonably withheld, the trainer it seeks to use, including the individual's Curriculum Vitae. The trainer shall be knowledgeable about Title I of the ADA.