City of Hammond to Pay $80,750 to Resolve EEOC Disability Discrimination Finding

HAMMOND, Ind. – The U.S. Equal Employment Opportunity Commission (EEOC) and the City of Hammond, located in Indiana, reached a voluntary conciliation agreement to resolve a will pay up to $80,750 and furnish other relief to resolve a disability charge, the federal agency announced today.

The EEOC’s investigation found reasonable cause to believe that the City of Hammond (City) 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.   

“An employer may not require a current employee to undergo a medical examination unless the examination is job-related and consistent with business necessity.   Medical examinations that do not confirm with the ADA serve to stigmatize employees with disabilities,” said EEOC Indianapolis District Director Michelle Eisele.

The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.