SETTLEMENT AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA AND
SPENCER EAST BROOKFIELD REGIONAL SCHOOL DISTRICT
DJ No. 205-36-12

Press Release

Plaintiff United States of America (“United States”) alleges:

1. This settlement agreement (“Agreement”) is entered into between the United States of America and the Spencer East Brookfield Regional School District (“Defendant”) (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, in the United States District Court for the District of Massachusetts, United States v. Spencer East Brookfield Regional School District, No. 4:20-cv-40096 (D. Mass. [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.

I. Background

4. This matter was initiated by a charge filed by the complainant with the Equal Employment Opportunity Commission (“EEOC”), alleging that Defendant discriminated against her by failing to accommodate and terminating her on the basis of disability in violation of the ADA.
5. The EEOC investigated the charge and found reasonable cause to believe that Defendant discriminated against the 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.
6. Defendant is a person within the meaning of 42 U.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) 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).
7. Title I of the ADA, 42 U.S.C. §§ 12111-12117, and its implementing regulation, 29 C.F.R. Part 1630, mandate that covered employers, such as Defendant, not discriminate against qualified individuals on the basis of disability in employment practices.42 U.S.C. § 12112(a); 29 C.F.R. § 1630.4.
8. Pursuant to Title I of the ADA, an employer discriminates against an otherwise qualified individual on the basis of disability when it does not make “reasonable accommodations to the known physical or mental limitations” of the individual, unless the employer “can demonstrate that the accommodation would impose an undue hardship on the operation of the business . . . .”42 U.S.C. § 12112(b)(5)(A); 29 C.F.R. § 1630.9(a).
9. The complainant is an individual with a disability within the meaning of 42 U.S.C. § 12102 and 29 C.F.R. § 1630.2.She has physical impairments, including a torn rotator cuff, rotator cuff disease, a shoulder tear, joint pain, loose bodies in the shoulder, degenerative osteoarthritis bursitis, and a torn meniscus. These impairments substantially limit one or more major life activities, e.g., lifting and bending, as well as the operation of major bodily functions, e.g., the musculoskeletal function; and/or has a record of such impairments.
10. The complainant worked for the School District for approximately 12 years, the majority of time as a paraprofessional, where she supported students in the classroom by working with them to reinforce learning skills.In 2016, the School District implemented a new requirement that paraprofessionals undergo restraint training so that they could become certified and called upon to physically restrain students. The United States’ complaint alleges that School District failed to provide the complainant with the reasonable accommodation her doctor recommended that she not be required to physically restrain students, and be excused from training that required physical simulations of restraints. The complaint further alleges that the School District terminated her employment after she requested a reasonable accommodation. The School District denies the allegations of discrimination/failure to accommodate.

II. Injunctive Relief

11. General Nondiscrimination Obligation:Defendant, by and through its officials, agents, legal representatives, employees, and contractors, shall not engage in any act or practice that discriminates against any employee on the basis of disability in violation of Title I of the ADA and its implementing regulations.
12. Written Policies, Practices, and Procedures:Defendant shall revise its policies, practices, and procedures to ensure that it does not discriminate on the basis of disability in its employment practices, including with respect to reasonable accommodation and termination, in violation of the ADA.
1. Within thirty (30) days of the Effective Date of this Agreement, Defendant 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 proposed revisions, and identify any additional provisions that should be included.Defendant shall incorporate those comments.
2. Within fifteen (15) 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 employees whose work may be affected by such policies, practices, or procedures.
3. For the duration of this Agreement, Defendant shall, within thirty (30) days of the appointment or retention of an applicable employee whose work may be affected by such policies, practices, or procedures, provide that individual with copies of the policies, practices, and procedures.
13. Training:Within three (3) months of the United States’ final approval of all policies, practices, and procedures revised pursuant to Paragraph 12, Defendant shall provide training on Title I of the ADA, and its implementing regulations, and Defendant’s revised policies, practices, and procedures, to employees who are involved in personnel decisions, including requests for reasonable accommodation.The training shall also be provided to such applicable 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 that Defendant has selected and the United States has approved.
14. Reporting Requirements:Six (6) months after the Effective Date of this Agreement, and every six months thereafter during the term of this Agreement (except for the final report, which shall be provided thirty (30) days before the expiration of 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 that relate to Paragraph 12 above;
2. A list of the applicable employees who received copies of the policies described in Paragraph 12;
3. Written acknowledgment that Defendant has, for the instant reporting period, complied with the training requirements set forth in Paragraph 13 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 13 above;
5. Notification regarding any lawsuit, informal or formal complaint, charge, or grievance alleging that Defendant 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 Defendant 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 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

15. Within seven (7) days of the Effective Date of this Agreement, Defendant shall offer the complainant a total monetary award of $85,699.49, which includes:
1. A monetary award of $29,136.64, 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 $437.85, 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 $56,125.00, 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.
16. Within seven (7) days of the Effective Date of this Agreement, Defendant shall notify the 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, 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).
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 the complainant.
18. Within ten (10) days of receipt of the complainant’s signed Release of Claims Form, Defendant shall pay the monetary sums specified in Paragraph 15 to the complainant by certified bank check.
19. Within fifteen (15) days of paying the monetary sums specified in Paragraph 15 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

20. 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 and Torey.Cummings@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
4 Constitution Square
150 M Street, NE, 9th Floor, Room 9.1110
Washington, DC 20530(For FedEx & UPS use zip code 20002)

The e-mail or cover letter shall include a subject line referencing Spencer East Brookfield Regional School District and DJ No. 205-36-12.

21. Consideration:In consideration for the Agreement set forth above, the United States shall 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 fourteen (14) days of Defendant complying with Paragraphs 15-16 and the United States receiving the notification as required by Paragraph 17, the United States 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 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.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. Successor 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, 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.
30. Limitation:This Agreement is limited to resolving claims under Title I of the ADA related to the facts specifically set forth in Paragraphs 1 through 10 above. Nothing in this Agreement relates to other provisions of the ADA or affects Defendant’s obligations to comply with any other law, 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 eighteen (18) 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.
35. Costs and Fees:The United States and Defendant shall bear the cost of their own fees and expenses incurred in connection with this Agreement.
36. Litigation Hold:The Parties agree that, as of the Effective Date of this Agreement, litigation is not “reasonably foreseeable” concerning the matter described in Paragraph 2.  To the extent that either party previously implemented a litigation hold to preserve documents, electronically stored information, or things related to the matter described in Paragraph 2, the party is no longer required to maintain such a litigation hold.  Nothing in this Paragraph relieves either party of any other obligations imposed by this Agreement.

Respectfully submitted,

For the United States of America: