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).
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).
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 Employment Application required applicants to answer the following inquiries: “Do you have any physical or mental conditions, which may impair your ability to perform the duties of the position(s) for which you are applying? Yes____ No_____. If yes, please state the condition and the nature of your work limitations:_____”.
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.
(a) Any lawsuit, written complaint, charge, or grievance alleging that the City conducted an unlawful inquiry 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.The Report shall include, at a minimum, a description of the nature of the allegation, the name and contact information of the individual bringing the allegation, and documents in the City’s possession relevant to the allegation;
(b) A list of withdrawn job offers based on medical or disability-related information. The Report shall detail the reasons for the exclusion, for example, that the reason for the exclusion is 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, or that such an accommodation would cause undue hardship; and
(c) The attendance logs reflecting the dates of the training referenced in Paragraph 16 above, and the names of all training attendees, along with the attendees’ job titles.
For the City of DeKalb:
DEAN M. FRIEDERS
Counsel for City of DeKalb
Frieders Law, LLC
P.O. Box 1009
St. Charles, IL 60174
/s/ Dean M. Frieders/RS
Date: January 12, 2015
For the United States of America:
Acting Assistant Attorney General
EVE L. HILL
Deputy Assistant Attorney General
Civil Rights Division
/s/ Elaine Grant
REBECCA B. BOND, Chief
KATHLEEN P. WOLFE
Special Litigatoin Counsel
Senior Trial Attorney
Disability Rights Section
U.S. Department of Justice
Washington, D.C. 20530
Date: Feb. 3, 2015