July 2014 – The Department of Justice has resolved its investigation of Hubbard, Oregon’s alleged violations of Title I of the Americans with Disabilities Act (ADA). The Settlement Agreement reads, “The United States alleges that the City has engaged in a pattern or practice of discrimination under the ADA by requiring applicants to disclose disabilities and/or medical information in their applications prior to making a conditional offer of employment.” The City of Hubbard has since withdrawn all disability-related questions from job applications and agreed to the following:
- Not to conduct a medical examination or make a disability-related inquiry of a job applicant before a conditional offer of employment is made;
- Not requiring a medical examination or making inquiries of an employee’s disability or the severity of the disability;
- Confidentially maintaining the medical or disability-related information of applicants and employees in separate files; and
- Training hiring personnel and employees on the requirements of the ADA, addressing and reporting ADA compliance.
