USDOJ: City of Woodlake, Calif., Settles with Justice Department Over Practice of Unlawful Pre-employment Medical Examinations
The Justice Department announced today that it has reached a settlement with the city of Woodlake, Calif ., to resolve allegations that the city engaged in a pattern or practice of discrimination against people with disabilities by requiring applicants for job vacancies to undergo unlawful pre-employment medical examinations before receiving an offer of employment, in violation of the Americans with Disabilities Act (ADA).
The settlement concludes a pattern or practice investigation by the Justice Department based on information that the city of Woodlake was requiring all job applicants to undergo a medical examination as part of the application process, before making an offer of employment. Such pre-offer medical examinations are illegal under the ADA, as they make it easier for employers to discriminate against qualified individuals on the basis of disability in the hiring process. The settlement agreement requires the city to eliminate its current discriminatory policy, to develop and implement a non-discrimination policy and to train staff on the requirements of the ADA.
“This settlement is an important step towards eliminating discrimination against people with disabilities in employment,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “We commend the city of Woodlake for working cooperatively with the Justice Department to ensure that their policies and practices comply with federal law and for their commitment to ensuring that people with disabilities are treated equally and fairly in the hiring process.”
"We are pleased that the city of Woodlake and the United States Department of Justice agreed so quickly on measures that will protect the rights of individuals with disabilities,” said United States Attorney for the Eastern District of California Benjamin B. Wagner.
The ADA requires that employers, including state and local government entities, not conduct any pre-employment medical examination or inquiry before making an offer of employment. Once a conditional job offer is made, employers may make disability-related inquiries or conduct medical examinations of an applicant if this is done for all entering employees in that job category regardless of disability. Once an employee is hired, employers may only make disability-related inquiries or require medical examinations of an employee if such examination or inquiry is shown to be job-related and consistent with business necessity. The ADA also requires employers not to discriminate against individuals with disabilities in making personnel decisions, including hiring or promoting employees.
More information about this settlement and the obligations of employers under the ADA is available through the Justice Department’s toll-free ADA information line at 800-514-0301 (TDD 800-514-0383) and on the ADA website at www.ada.gov . ADA complaints may be filed by email to ada.complaint@usdoj.gov .
Contact: Department of Justice Main Switchboard - 202-514-2000
Limited copyright is granted for you to use and/or republish any story on this site for
any legitimate media purpose as long as you reference 7thSpace and any source mentioned in the story above. Please
make sure to read our disclaimer prior to contacting 7thSpace Interactive. To contact our editors, visit our online helpdesk. If you wish submit your own press release, click here.
