CALIFORNIA
Riverside County settle an Americans with Disabilities Act lawsuit filed in 2015 by the federal government and hire a man with epilepsy to work as a probation officer, officials announced today.
The complaint alleges that the county discriminated in its employment by failing to hire a probation officer applicant because he has epilepsy.
The job applicant was qualified for the job duties as a probation officer but the county withdrew his offer of employment solely because of his controlled epilepsy, officials said.
“Refusal to employ qualified individuals with disabilities, including epilepsy, because of their disability cannot be tolerated by workers in our country and will not be tolerated by the Department of Justice,” said Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division.
“All qualified individuals, including those with disabilities, are entitled to equal employment opportunities,” said U.S. Attorney Eileen M. Decker of California. “This settlement demonstrates the Department of Justice’s ongoing commitment to eliminating all forms of discrimination.”
Under the consent decree, which must be approved by the court, the county agreed to the following terms:
- It will pay the applicant $50,000, offer him the position as a probation officer
- Provide training on the Americans with Disabilities Act
- File reports on its compliance with the decree and the Disabilities Act with the Justice Department.
The county, which cooperated with the department in this matter, has also taken steps to ensure that its employment processes will be free of disability based discrimination.
Officials said Title I of the ADA prohibits employers, such as Riverside County, 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.
An employer may also not deny employment opportunities to a job applicant or employee who is otherwise qualified if the denial is based on the need to make reasonable accommodations for the applicant or employee, according to authorities.