SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE VILLAGE OF RUIDOSO, NEW MEXICO DJ # 205-49-24

I. BACKGROUND

5. The Village 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. 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 Village that it was investigating the job application procedures of the Village.  At that time, the Village’s Employment Application required public applicants to answer the following inquiry:  “Can you perform all the essential functions of the job described in the job description for which you are applying?  [check box] Yes [check box] No  If you answered No, then what are the reasonable accommodations the Village of Ruidoso can make for you?”

8. The United States alleges that the Village 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 (in response to the second question above) prior to making a conditional offer of employment.

9. The City has fully cooperated with the compliance review.