SETTLEMENT AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
AND
THE CITY OF MINNEAPOLIS, MINNESOTA
DJ No. 205-39-12

Press Release

1. This settlement agreement (“Agreement”) is entered into between the United States of America and the City of Minneapolis, Minnesota (“Defendant”) on behalf of its Police Department (collectively, “the Parties”).
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 Title II of the Genetic Information Nondiscrimination Act of 2008 (“GINA”),42 U.S.C. § 2000ff - 2000ff-11, in the United States District Court for the District of Minnesota, United States v. City of Minneapolis, No. _______ (D. Minn. [Date]) (hereinafter “Civil Action”).
3. 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.  The Parties agree that there has been no adjudication as to the merits of any of the claims raised herein and the fact that Defendant has entered into this Agreement should not be considered evidence of liability.

I.   Background

4. Defendant is a person within the meaning of 42U.S.C. §§ 12111(7), 2000e(a), and 29 C.F.R. § 1630.2(c); an employer within the meaning of 42 U.S.C. §§ 12111(5), 2000e(b), 2000ff(2)(B), and29 C.F.R. § 1630.2(e); and a covered entity within the meaning of 42U.S.C. § 12111(2) and 29 C.F.R. § 1630.2(b).
5. Title I of the ADA prohibits employers from discriminating against an otherwise qualified applicant for employment because he has an impairment that substantially limits one or more major life activities, has a record of such an impairment, or was regarded as having an impairment.  42 U.S.C. §§12102, 12111, 12112; 29 C.F.R. §§ 1630.2, 1630.4.
6. Title II of GINA prohibits employers from requesting or requiring genetic information with respect to an employee or applicant, or a family member of the employee or applicant.  42 U.S.C.  §§ 2000ff, 2000ff-1; 29 C.F.R. §§1635.3, 1635.8.
7. This matter was initiated by a charge filed by a Complainant with the Equal Employment Opportunity Commission(“EEOC”), alleging that Defendant discriminated against him by denying him employment in violation of the ADA and GINA on the basis of disability and genetic information.
8. The EEOC investigated the charge and found reasonable cause to believe that Defendant discriminated against the Complainant and others on the basis of disability and genetic information in violation of the ADA and GINA.  After conciliation failed, the EEOC referred the charge to the United States Department of Justice.
9. Based on the United States’ investigation, the United States alleges in this Civil Action that Defendant discriminated against the Complainant, a veteran of the United States military,because he has an impairment, post-traumatic stress disorder, that substantially limits one or more major life activities, has a record of such an impairment, and/or was regarded as having an impairment.  The United States further alleges that Defendant requests and obtains genetic information, which includes information about the manifestation of a disease or disorder in family members (family medical history) from applicants for Police Officer positions as part of the pre-employment examination process, in violation of Title II of GINA.

II.   Injunctive Relief

10. General Nondiscrimination Obligation: Defendant, by and through its Police Department officials, agents, legal representatives, employees, and contractors (collectively, “applicable Police Department employees”), shall not engage in any act or practice that discriminates against any employee or applicant for employment on the basis of disability in violation of Title I of the ADA or Title II of GINA, and their implementing regulations.
11. Written Policies, Practices, and Procedures:  The Police Department shall revise its policies, practices,and procedures to ensure that it does not discriminate in its hiring practices on the basis of disability, and does not request, require or unlawfully obtain information in violation of the ADA or GINA.    
1. Within sixty (60) days of the Effective Date of this Agreement, Defendant’s Police Department shall send its revised policies, practices, and procedures to the United States for approval, which shall not be unreasonably withheld.  The United States may review and provide comments on Defendant’s Police Department’s proposed revisions, and identify any additional provisions that should be included.  Defendant’s Police Department shall incorporate those comments.
2. Within thirty (30) days of the United States’ final approval of the revised policies, practices, and procedures, Defendant shall implement the revised policies, practices, and procedures, including by distributing copies of these policies to all Police Department employees whose work may be affected by such policies, practices, or procedures. 
3. For the duration of this Agreement, Defendant shall, within forty-five (45) days of the appointment or retention of an applicable Police Department employee whose work may be affected by such policies, practices, or procedures, provide that individual with copies of the policies, practices, and procedures.
12. Training:  Within nine (9) months of the United States’ final approval of all policies, practices, and procedures revised pursuant to Paragraph 11, Defendant shall provide training on Title I of the ADA and Title II of GINA, and their implementing regulations, and Defendant’s revised policies,practices, and procedures, to Police Department employees who are involved in hiring-related personnel decisions, including requests for reasonable accommodation, or who have access to applicants’ confidential medical information.  The training shall also be provided to such applicable Police Department employees who are hired or promoted during the term of this Agreement, within thirty(30) days of the start of their positions with Defendant.  All trainings shall be conducted by trainers knowledgeable about Title I of the ADA and Title II of GINA that Defendant has selected and the United States has approved.
13. Reporting Requirements:  Nine (9) months after the Effective Date of this Agreement, and annually thereafter during the term of this Agreement, Defendant shall provide a written report (“Report”) to the United States regarding Defendant’s efforts to comply with this Agreement.  The Report shall include, for the preceding reporting period:
1. Any new or revised policies, practices, or procedures regarding Title I of the ADA or Title II of GINA, or that relate to Paragraph 11 above;
2. A list of the applicable Police Department employees who received copies of the policies described in Paragraph 11;
3. Written acknowledgment that Defendant has, for the instant reporting period, complied with the training requirements set forth in Paragraph 12 above;
4. Attendance logs reflecting the dates of the trainings and names and job titles of individuals who attended the trainings set forth in Paragraph 12 above;
5. Notification regarding any lawsuit, informal or formal complaint, charge, or grievance alleging that Defendant’s Police Department has violated Title I of the ADA or Title II of GINA.  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 Defendant relevant to the allegation.  The first Report filed with the United States under this Agreement shall include all ADA Title I and GINA Title II lawsuits, and all complaints, charges, or grievances of which Defendant 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.

III.   Individual Relief

14. Within seven (7) days of the Effective Date of this Agreement, Defendant shall offer the Complainant a total monetary award of $189,338.89, which includes:
1. A monetary award of $42,039.36, 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 the 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 the Complainant.
2. A monetary award in the amount of $7,299.53, which is designated as accumulated interest on the back pay.  This amount shall not be subject to withholding deductions, and Defendant shall issue an IRS Form 1099-INT to the Complainant for this amount.
3. A monetary award in the amount of $140,000.00, which is designated as compensatory damages. This amount shall not be subject to withholding deductions, and Defendant shall issue an IRS Form 1099 to the Complainant for this amount.
15. Within seven (7) days of the Effective Date of this Agreement, Defendant shall notify the Complainant of the individual relief offered to him under this Agreement by mailing to him, 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, the Complainant must execute the Release of Claims Form (Exhibit 2) and return the form to Defendant, by certified mail, return receipt requested, within thirty (30) days of receiving the Notice Letter (Exhibit 1).
16. 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 the Complainant.
17. Within ten (10) days of receipt of the Complainant’s signed Release of Claims Form,Defendant shall pay the monetary sums specified in Paragraph 14 to the Complainant by certified bank check.
18. Within fifteen (15) days of paying the monetary sums specified in Paragraph 14 to the Complainant,Defendant shall send the United States proof of payment and a copy of the Complainant’s signed Release of Claims Form.

IV.   Implementation

19. Delivery of Reporting Materials:  All materials sent to the United States pursuant to this Agreement shall be sent by e-mail to Elaine.Grant@usdoj.gov (or to any other e-mail address that the United States designates during the term of this Agreement) or to the following address by common courier, delivery prepaid: 

Elaine Grant
Senior Trial Attorney
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
1425 New York Avenue, N.W., Fourth Floor
Washington, DC 20005

The e-mail or cover letter shall include a subject line referencing City of Minneapolis and DJ No. 205-39-12.

20. Consideration:  In consideration for the Agreement set forth above, the Parties shall move jointly for dismissal of the Civil Action, as set forth in Paragraph 21.  The Parties agree and acknowledge that this consideration is adequate and sufficient.
21. Voluntary Dismissal:  Within fourteen (14) days of Defendant complying with Paragraphs 14-15 and the United States receiving the notification as required by Paragraph 16, the Parties shall jointly move the Court for dismissal of the underlying Civil Action, subject to reinstatement as set forth in Paragraph 23./li>
22. Enforcement:  The United States may review compliance with this Agreement at any time.  Defendant 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.
23. Breach:  Should Defendant breach any provision of this Agreement, the Parties agree that the United States may move to restore the present Civil Action to the active docket of this Court for purposes of resolving any such claim of breach.  If the United States makes a claim of breach, Defendant consents to and agrees not to contest the United States’ motion to restore the present Civil Action to the Court’s active docket.  Alternatively, the United States may bring a civil action for breach of this Agreement or any provision thereof in the United States District Court for the District of Minnesota.  In such action, the United States may seek to have the Court impose any remedy authorized at law or equity.  Before taking these steps, the United States shall provide Defendant notice of any breach in writing and shall afford Defendant thirty (30) days from the date of mailing to cure the default.
24. Jurisdiction and Venue:  This Court shall have jurisdiction and be a proper venue for disputes concerning this Agreement.  Defendant consents to and agrees not to contest venue or the exercise of personal jurisdiction over Defendant by this Court.
25. 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.
26. 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.
27. 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.
28. 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.
29. 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.
30. Entire Agreement:  This Agreement 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, including its attachments, shall be enforceable.
31. Limitation:  This Agreement is limited to resolving claims under Title I of the ADA and Title II of GINA related to the facts specifically set forth in Paragraphs 1 through 9 above.  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 and GINA.
32. 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.
33. 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.
34. Term:  The duration of this Agreement shall be three (3) years from the Effective Date.
35. 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.
36. Costs and Fees:  The United States and Defendant shall bear the cost of their own fees and expenses incurred in connection with this Agreement.