Hammond, Indiana, to Pay $80.75K to Resolve Disability Discrimination Charge

Hammond, Ind., has agreed pay up to $80,750 and furnish other relief to resolve a federal disability discrimination finding.

The U.S. Equal Employment Opportunity Commission (EEOC) said an investigation found reasonable cause to believe that the City of Hammond subjected employees to impermissibly broad and comprehensive medical exams, which they called Functional Capacity Evaluations.

The city used the results of this impermissible medical inquiry to terminate at least one individual. These actions were in violation with the requirements of the Americans with Disabilities Act (ADA), which prohibits employment discrimination based on disability. It also prohibits employers from engaging in retaliation because an employee opposed discrimination or filed a charge with the EEOC. It is also unlawful to coerce, intimidate, threaten or otherwise interfere with an individual’s exercise of ADA rights, or with an individual who is assisting another to exercise ADA rights.

The city chose to voluntarily resolve the matter with the EEOC, without an admission of liability, to avoid an extended dispute.

The conciliation agreement provides relief to individuals subjected to the impermissible medical inquiry and to the person who filed a charge with the EEOC. The agreement also calls for the city to provide additional written guidance and training to managers and supervisor, along with training on the ADA to the appropriate staff.

Source: EEOC