SETTLEMENT AGREEMENT UNDER THE AMERICANS WITH DISABILITIES ACT OF 1990

1. The parties to this Settlement Agreement ("Agreement") are the United States of America and the State of Arizona, on behalf of the Arizona Department of Revenue ("DOR") and Arizona Department of Administration ("DOA") (collectively "the Departments").

2. In March 1993, Heather Bruskay ("Bruskay") submitted an application with DOR for an EDP Librarian Control Coordinator I position ("EDP Job"). Prior to receiving an offer of employment, Bruskay was instructed to submit to a physical examination, which occurred on June 2, 1993.

3. The last week of June 1993, Bruskay was offered the EDP Job. DOR then called Bruskay and retracted the employment offer because DOA had determined that Bruskay could not work alone due to her diabetes. The EDP Job would require Bruskay to be alone from 7:00 a.m. to 7:30 a.m. daily, one week out of every three weeks.

4. On September 2, 1993, Bruskay filed a charge of discrimination under the Americans with Disabilities Act of 1990 ("ADA") with the Equal Employment Opportunity Commission ("EEOC"). On January 6, 1995, the EEOC made a reasonable cause finding that the Departments had violated the ADA. After conciliation attempts failed, the EEOC referred the matter for review to the Department of Justice ("DOJ").

5. DOJ claims that the Departments violated the ADA by (1) requiring Bruskay to take a physical examination prior to making a job offer, and (2) failing to make reasonable accommodations related to the restriction that Bruskay could not work alone due to her disability.

6. The parties enter into this Agreement in order to avoid litigation and hereby agree as follows.

7. The Departments agree to pay Bruskay the sum of $80,000.00, less wage related deductions the Departments deem appropriate. The funds shall be payable to Heather Bruskay and shall be delivered to the U.S. Attorneys Office, Attention: Ronald R. Gallegos, 4000 U.S. Courthouse, 230 North First Avenue, Phoenix, Arizona , no later than fourteen (14) days after this Agreement becomes effective.

8. The Departments agree that all hiring, promotion practices, and other terms and conditions of employment shall be maintained and conducted in a manner which does not discriminate on the basis of disability in violation of the ADA.

9. The Departments agree that there shall be no discrimination or retaliation of any kind against any person because of opposition to any practice declared unlawful under the ADA or because of the filing of a charge, giving of testimony or assistance, or participation in any manner in any investigation, proceeding, or hearing under the ADA.

10. The Departments agree to provide to Bruskay a reference letter in the form attached as Exhibit A to this Agreement.

11. The Departments in an effort to ensure a work environment free of discrimination based on disability, shall take the following corrective actions:
    1. Within one hundred and fifty five (155) days of the effective date of this Agreement, The Departments agree to: (I) review any existing employment policies and practices, and the EEOC's guidelines on disability discrimination; (ii) update its policies and procedures on disability discrimination as may be applicable; and (iii) distribute its updated policies and procedures to all management and supervisory personnel. As a part of the updating of policies and procedures above, the Departments agree to, at a minimum, institute, or add to its employment policies, as may be applicable, written procedures which address the following:

    1. Designation of position or person to whom complaints of discrimination may be brought;

    2. A statement that the Departments will thoroughly investigate all complaints of discrimination;

    3. A statement that employees and other individuals may raise concerns or complaints (without retaliation) about matters, whether alleged, perceived or actual, made unlawful by the ADA;

    4. A statement that all managers and supervisors of the Departments must comply with the Departments' policies and procedures and the laws dealing with discrimination; and that any manager or supervisor who violates any such policies, procedure, or law shall be subject to appropriate disciplinary action up to and including discharge; and

    5. A statement that discrimination based on disability will not be tolerated.

12. The Departments shall post the policies and procedures on discrimination based on disability in a prominent place frequented by all personnel, thereby making it available to all employees, for a period of two (2) years from the effective date of this Agreement.