FOR IMMEDIATE RELEASE                                          CR
FRIDAY, AUGUST 15, 1997                            (202) 616-2765
TDD (202) 514-1888

JUSTICE DEPARTMENT SETTLES LAWSUIT AGAINST MICHIGAN FIRE DEPARTMENT
 THAT REFUSED TO HIRE A QUALIFIED FIRE FIGHTER WITH A DISABILITY


     WASHINGTON, D.C. -- A Michigan fire department that had
refused to hire a qualified fire fighter solely because he has
monocular vision has reached an agreement with the Justice
Department to resolve allegations that it violated the Americans
with Disabilities Act (ADA).  This was the first lawsuit brought
by the Justice Department alleging individual employment
discrimination under the ADA.

      The agreement, filed in U.S. District Court in Detroit,
requires Pontiac to implement a non-discriminatory employment
policy and to compensate and rehire the fire fighter who was
allegedly fired from his job because of his disability.
  
     "Employers cannot base hiring decisions on blanket
exclusions that deny qualified individuals a chance to seek
employment," said Acting Assistant Attorney General for Civil
Rights Isabelle Katz Pinzler.  "This type of policy keeps
qualified, talented people out of jobs they deserve." 
 
     In 1991, the applicant, who had more than 18 years of fire
fighting experience, applied for a Pontiac fire fighter position. 
His performance on the written, physical and oral exams placed
him seventh among 107 applicants.  He currently serves as a
lieutenant in a neighboring fire department, is licensed as an
emergency technician, and had attended more than 30 hours of fire
fighting courses and seminars.

       In 1992, just before the applicant was to begin
employment, he took a pre-employment physical which discovered
monocular vision.  According to the Department's suit, when the
city learned of his disability, it withdrew its previous offer of
employment. 
  
     Under the agreement, the Pontiac will:

*    Hire the applicant into a fire fighter position with
     remedial seniority, and pay him a monetary package worth
     more than $100,000, including a monetary award of $65,000
     and pension benefits worth approximately $40,000.

*    Take steps to ensure that similar discrimination will not
     occur in the future, including modifying its hiring policies
     and not applying any broad exclusionary standards that
     discriminate against qualified individuals with
     disabilities.

     Title I of the ADA requires that employers individually
assess each job applicant to determine that person's current
ability to perform a job function.  Under the law, medical exams
may be imposed by employers only after the applicant has been
given a job offer, and any determinations based on medical exams
must be job-related and consistent with business necessity.

     Individuals interested in learning more about the ADA can
call the Department's toll-free information line at (800) 514-
0301 or (800) 514-0383 (TDD).  The Department also sponsors an
ADA Home Page on The World Wide Web.  The Internet address is
[http://www.usdoj.gov/crt/ada/adahom1.htm].
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