SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF THE ISLE OF PALMS, SOUTH CAROLINA DJ 205-67-11

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 Employment Application required public applicants to answer the following inquiry:  “Check if any of the following are applicable:  __Disabled Veteran  ___ Disabled Individual.”    

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.