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

Reporting

21. Six (6) months after the effective date of this Agreement, and every six (6) months thereafter during the term of this Agreement, the City shall provide a written report (“Report”) which shall include the following:

• (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• (b) A list of withdrawn job offers based on medical or disability-related information.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.

22.  The City shall not retaliate against any person because that person has opposed the City’s allegedly discriminatory policies or practices in any manner, or because that person has cooperated with the Department’s investigation of the City’s employment practices or any proceedings connected with that investigation or with the administration of this Agreement.  42 U.S.C. § 12203, 29 C.F.R. § 1630.12.