SETTLEMENT AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA AND
LANIER TECHNICAL COLLEGE
DJ No. 205-19-12

Press Release

1. BACKGROUND
   1. This settlement agreement (“Agreement”) is entered into between Plaintiff United States of America and Defendant Lanier Technical College in Georgia (“the College”), a unit of the Technical College System of Georgia (“Defendant”).
   2. This Agreement resolves a Complaint filed by the United States against Defendant under Title I of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111-12117, and its implementing regulation, 29 C.F.R. Part 1630, in the United States District Court for the Northern District of Georgia, United States v. Lanier Technical College (“Civil Action”).
   4. Defendant is a person within the meaning of 42 U.S.C. § 12111(7) and § 2000e(a), and 29 C.F.R. § 1630.2(c); an employer within the meaning of 42 U.S.C. § 12111(5), § 2000e(b), and § 2000ff(2)(B), and 29 C.F.R. § 1630.2(e); and a covered entity within the meaning of 42 U.S.C. § 12111(2) and 29 C.F.R. § 1630.2(b).
   5. Title I of the ADA prohibits employers from discriminating against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.  42 U.S.C. § 12112(a); 29 C.F.R. § 1630.4.
   6. Complainant is an individual with a disability within the meaning of 42 U.S.C. § 12102 and 29 C.F.R. § 1630.2, because she has multiple sclerosis (MS), a physical impairment that substantially limits one or more major life activities, including neurological function and the operation of the central nervous system, which are major bodily functions; and/or because she was regarded as having such an impairment.
   7. This matter was initiated by a timely charge of discrimination filed by Complainant with the United States Equal Employment Opportunity Commission (EEOC), alleging that Defendant discriminated against her on the basis of disability in violation of the ADA.
   8. The EEOC investigated the charge and found reasonable cause to believe that Defendant discriminated against Complainant on the basis of disability, in violation of the ADA.  After conciliation failed, the EEOC referred the charge to the United States Department of Justice.
   9. The United States’ Complaint alleges that Defendant discriminated against Complainant on the basis of disability with regard to discharge, compensation, and other terms, conditions, and privileges of her employment, in violation of Title I of the ADA and its implementing regulation.  Specifically, the United States alleges that Defendant removed Complainant from the work schedule for an entire school semester, thus reducing her hours and compensation to zero, because of her multiple sclerosis.  In doing so, the United States alleges that Defendant terminated Complainant’s employment because of her disability.
   10. Plaintiff United States and Defendant Lanier Technical College (“the Parties”) agree that it is in their best interest, and the United States believes that it is in the public interest, to voluntarily enter into this Agreement without trial or further adjudication of any issues of fact or law raised in the United States’ Complaint.  The Parties have therefore voluntarily entered into this Agreement, agreeing as follows:
2. Injunctive Relief
11. General Nondiscrimination Obligation:  Defendant, by and through its legal representatives, officials, agents, employees, and contractors (collectively, “applicable College employees”), shall not engage in any act or practice that discriminates against any employee, contractor, or applicant for employment on the basis of disability, actual or perceived, in violation of Title I of the ADA and its implementing regulation.  
12. Written Policies, Practices, and Procedures:  Defendant shall review and, as necessary, revise its policies, practices, and procedures (including creating new policies and procedures discussed in Paragraph 12(a) below) to ensure that it does not engage in any act or practice that discriminates against any employee, contractor, or applicant for employment on the basis of disability in violation of Title I of the ADA and its implementing regulation. 
1. The requirements of Paragraph 12 shall include a review of the Technical College System of Georgia’s Equal Employment Opportunity (EEO) Statement and written policies and procedures about reasonable accommodations in employment to ensure such policies, practices, and procedures fully comply with Title I of the ADA and its implementing regulation.  In addition, the College shall draft new policies and procedures regarding hiring, firing, and scheduling of adjunct instructors and part-time lab assistants, all of which shall comply with Title I of the ADA.
2. Within ninety (90) days of the Effective Date of this Agreement, the College shall send copies of the policies, practices, and procedures identified in Paragraph 12(a) above to the United States for approval, which shall not be unreasonably withheld.  The United States may review and provide comments to the College on these documents, and identify any additional provisions that should be included.  Defendant shall incorporate those comments.
3. Within thirty (30) days of the United States’ final approval of the policies, practices, and procedures listed in Paragraph 12(a) above, Defendant shall implement the approved policies, practices, and procedures, including by prominently posting a copy of each on the Lanier Technical College website in an accessible electronic format and notifying all full-time and part-time employees whose work may be affected by such policies, practices, or procedures (including all adjunct faculty, instructors, and lab assistants) in writing (either in hard copy or via email).
4. For the duration of this Agreement, Defendant shall, within forty-five (45) days of the appointment or retention of a full-time or part-time employee whose work may be affected by such policies, practices, or procedures (including all adjunct faculty, instructors, and lab assistants) provide that individual with written notice of where to find the electronic copy of the policies, practices, and procedures identified in Paragraph 12(a) above.  
5. Defendant shall prominently post a link to the policies, practices, and procedures identified in Paragraph 12(a) above on the employment page of the Lanier Technical College website. 
13. Training:  Within six (6) months of the United States’ final approval of all policies, practices, and procedures pursuant to Paragraph 12, Defendant shall provide training at the College on Title I of the ADA, its implementing regulation, and the College’s Paragraph 12 policies, practices, and procedures to all current administrators, managers, supervisors, human resource staff, and employees who participate in making personnel decisions.  The training shall also be provided to all new employees and contractors who will participate in making personnel decisions within thirty (30) days of their start date during the term of this Agreement. 
1. The trainings will be conducted live, in-person, last for at least two (2) hours, and will include, at minimum, a discussion of:  (a) the nondiscrimination requirements of Title I of the ADA and its implementing regulation; and (b) the approved policies, practices, and procedures identified in Paragraph 12 above.  This in-person training may be videotaped for use at subsequent trainings.
2. At least thirty (30) days before the date that Defendant intends to conduct any training pursuant to Paragraph 13, Defendant will submit copies of the proposed training curriculum to the United States for review and approval.  The United States will notify Defendant in writing whether it approves or disapproves of Defendant’s proposed training curriculum.  The United States may provide comments on Defendant’s proposed training curriculum, and identify any additional content that should be included.  Defendant shall incorporate those comments.
3. All trainings shall be conducted by trainers knowledgeable about Title I of the ADA, who will be selected by Defendant and approved by the United States in advance of the training.  The trainers may be current employees or contractors of the Technical College System of Georgia as long as they meet these requirements.  Defendant shall provide the United States with each trainer’s name and Curriculum Vitae for review and approval at least thirty (30) days prior to that trainer conducting any trainings pursuant to Paragraph 13.  The United States will notify Defendant in writing whether it approves or disapproves of Defendant’s proposed trainers.
4. Defendant must maintain attendance logs with the date of the trainings and the names and job titles of all persons who attend the trainings required by this Agreement.
14. Reporting Requirements:  Six (6) months after the Effective Date of this Agreement, and every six (6) months thereafter during the term of this Agreement, the College shall provide a written report (“Report”) to the United States regarding the College’s efforts to comply with this Agreement.  The Report shall include, for the preceding reporting period:
1. A detailed explanation of the College’s efforts to comply with the requirements of the Agreement.  To the extent Defendant experienced any difficulties in its efforts to comply with the Agreement during the reporting period, those difficulties should be detailed along with a proposed plan to address any such difficulties;
2. Any new or revised policies, practices, or procedures regarding Title I of the ADA, or that relate to Paragraph 12 above;
3. A list of all persons who received copies of the policies, practices, and procedures described in Paragraph 12;
4. Written acknowledgment that Defendant has, for the instant reporting period, complied with the training requirements set forth in Paragraph 13 above;
5. Attendance logs reflecting the dates of the trainings and names and job titles of individuals who attended the trainings set forth in Paragraph 13;
6. Notification regarding any lawsuit, informal or formal complaint, charge, or grievance alleging that Lanier Technical College has violated Title I of the ADA.  Such notice will include a description of the nature of the allegation, the name of the individual making the allegation, and all documentation in the possession, custody, or control of the College relevant to the allegation.  The first Report filed with the United States under this Agreement shall include all ADA Title I lawsuits and all complaints, charges, or grievances of which the College is aware and that are pending or otherwise unresolved at the time the first Report is made.  All subsequent reports shall include notice of all relevant lawsuits, complaints, charges, and grievances made subsequent to the immediately previous Report, as well as those reported in previous Reports that remain pending.
3. Individual Relief
15. Within seven (7) days of the Effective Date of this Agreement, Defendant shall offer Complainant a total monetary award of $53,000, which includes:
1. A monetary award of $8,000, which is designated as back pay.  This monetary amount shall be subject to any applicable federal, state, and local taxes, in addition to other payroll tax withholding deductions, and Defendant shall issue an IRS Form W-2 to Complainant for this amount.  Defendant shall separately pay all federal, state, and local taxes due on the monetary award, i.e., the employer’s payments shall not be deducted from the monetary award to Complainant.
2. A monetary award in the amount of $45,000, which is designated as compensatory damages.  This amount shall not be subject to withholding deductions, and Defendant shall issue an IRS Form 1099 to Complainant for this amount.
16. Within seven (7) days of the Effective Date of this Agreement, Defendant shall notify Complainant of the individual relief offered to her under this Agreement by mailing to her, by certified mail return receipt requested, a Notice Letter and Release of Claims Form (attached as Exhibits 1 and 2 respectively) and a copy of this signed Agreement.  In order to accept the relief offered by Defendant, Complainant must execute the Release of Claims Form (Exhibit 2) and return the form to Defendant, by certified mail return receipt requested, within forty-five (45) days of receiving the Notice Letter (Exhibit 1).
17. Defendant shall send the United States a copy of the Notice Letter and Release of Claims Form at the same time that they are sent to Complainant.
18. Within ten (10) days of receipt of Complainant’s signed Release of Claims Form, Defendant shall pay the monetary sums specified in Paragraph 15 to Complainant by certified bank check(s).  The check(s) should be made out to Complainant, in her legal name, and sent by courier or hand delivery service to counsel for the United States at the following address:

TIFFANY R. JOHNSON
Assistant United States Attorney
Richard B. Russell Federal Building
75 Ted Turner Drive SW, Suite 600
Atlanta, GA  30303
(404) 581-6000 (telephone)

19. Within seven (7) days of sending the check(s) pursuant to Paragraph 18, Defendant shall send the United States a copy of Complainant’s signed Release of Claims Form.
4. Implementation
20. Delivery of Reporting Materials:  Except as otherwise stated in Paragraph 18, all materials sent to the United States pursuant to this Agreement shall be sent by e-mail to Megan.Schuller@usdoj.gov (or to any other e-mail address that the United States designates during the term of this Agreement) and/or to the following address by common courier, delivery prepaid: 

Rebecca B. Bond, Chief
ATTN:  Megan Schuller, Trial Attorney
U.S. Department of Justice
Civil Rights Division, Disability Rights Section
4 Constitution Square
150 M Street NE, 9th Floor
Washington, D.C.  20002
(202) 307-0663 (telephone)

The e-mail or cover letter shall include a subject line referencing Lanier Technical College and DJ No. 205-19-12.

21. Consideration:  In consideration for the Agreement set forth above, Plaintiff will file to dismiss the Civil Action as set forth in Paragraph 22.  The Parties agree and acknowledge that this consideration is adequate and sufficient.
22. Voluntary Dismissal:  Within twenty-one (21) days of Defendant complying with Paragraphs 15-19 and the United States receiving the notifications as required by Paragraphs 17 and 19, Plaintiff will file a Notice of Dismissal of the underlying Civil Action pursuant to F.R.C.P. 41(a)(1)(A)(i). 
23. Enforcement:  The United States may review Defendant’s compliance with this Agreement at any time.  The College shall cooperate fully with the United States’ efforts to monitor compliance with this Agreement.  If the United States believes that Defendant has failed to comply adequately or in a timely manner with any requirement of this Agreement or that any requirement has been violated, the United States shall notify Defendant in writing and the Parties shall attempt to resolve the issue in good faith.  If the Parties are unable to reach a satisfactory resolution of the issue within thirty (30) days of the date the United States provides notice to Defendant, the United States may institute a civil action in an appropriate Federal District Court to enforce this Agreement or the ADA.
24. Severability:  If any term of this Agreement is determined by any court to be unenforceable, the other terms of this Agreement shall nonetheless remain in full force and effect.
25. Non-Waiver:  Failure by the United States to enforce any provision or deadline in this Agreement shall not be construed as a waiver of the right of the United States to enforce any deadline or provision of this Agreement.
26. Extensions:  Any time limits for performance imposed by this Agreement may be extended only by the mutual written consent of the Parties.  With regard to any of the deadlines specified in this Agreement, Defendant shall notify the United States at least ten (10) business days before any deadline of an anticipated inability to meet the deadline and the reasons why, and shall request an extension of time to a specific date. The United States shall not unreasonably withhold consent to a request for an extension of time made in good faith.
27. Liability:  This Agreement shall be binding upon Defendant, its officers, employees, contractors, successors, assigns, and any other person under the authority or control of Defendant.
28. Authority:  A signatory to this document in a representative capacity for Defendant represents that she or he is authorized to bind Defendant to this Agreement. 
29. Entire Agreement:  This Agreement, including its attachments and any amendment hereto, constitutes the entire agreement between the United States and Defendant on the matters raised herein and no other statement, promise, or agreement, either written or oral, made by any party or agents of any party, that is not contained in this written Agreement shall be enforceable.
30. Limitation:  This Agreement is limited to resolving claims under Title I of the ADA related to the facts specifically set forth in the United States’ Complaint.  Nothing in this Agreement relates to other provisions of the ADA or affects Defendant’s obligations to comply with any other federal, state, or local statutory, administrative, regulatory, or common law obligation, including those relating to nondiscrimination against individuals with disabilities.  This Agreement does not affect Defendant’s continuing responsibility to comply with all aspects of the ADA.
31. Counterparts:  This Agreement may be executed in counterparts, each of which shall be deemed an original, and the counterparts shall together constitute one and the same Agreement, notwithstanding that each Party is not a signatory to the original or the same counterpart. 
32. Effective Date:  The Effective Date of this Agreement (“Effective Date”) is the date of the last signature below.  Unless otherwise specified, all time periods designated for an action run from the Effective Date.
33. Term:  The duration of this Agreement shall be twenty-three (23) months from the Effective Date.
34. Publicity:  This Agreement and any amendment hereto shall be public documents.  A copy of this Agreement or any information contained herein may be made available to any person, and Defendant shall provide a copy of this Agreement to any person upon request, excluding any personally identifying information of Complainant.
35. Nonretaliation:  Defendant shall not discriminate or retaliate against any person because of his or her participation in this matter.  Likewise, Defendant shall not retaliate against or coerce any individual who tries to exercise his or her rights under this Agreement or engages in protected activity under Title I of the ADA.
36. Litigation Holds:  The Parties agree that, as of the Effective Date of this Agreement, litigation is not “reasonably foreseeable” concerning the matters alleged in the United States’ Complaint and described in this Agreement.  To the extent that either party previously implemented a litigation hold to preserve documents, electronically stored information, or things related to these matters, the party is no longer required to maintain such litigation hold.  Nothing in this Paragraph relieves either party of any other obligations imposed by this Agreement, including in Paragraph 37 below.
37. Document Retention:  For the term of this Agreement, Defendant will preserve all records related to this Agreement.
38. Costs and Fees:  The United States and Defendant shall bear the cost of their own fees and expenses incurred in connection with this Agreement.