FOR IMMEDIATE RELEASE                                                    CR
WEDNESDAY, DECEMBER 14, 1994                                 (202) 616-2765
                                                         TDD (202) 514-1888


             JUSTICE DEPARTMENT SUES MICHIGAN FIRE DEPARTMENT
        FOR REFUSING TO HIRE SEASONED FIREFIGHTER WITH A DISABILITY


     WASHINGTON, D.C. -- In the first Justice Department suit
alleging employment discrimination against an individual with a
disability, the Justice Department today sued a Michigan fire
department for refusing to hire a seasoned firefighter with 15
years experience who has been blind in one eye since childhood.
     The suit, filed in U.S. District Court in Detroit, alleges the
city of Pontiac violated the Americans with Disabilities Act (ADA)
when it refused to hire Dennis Henderson because of his unrelated
disability.  The complaint asserted that Henderson, who has over 15
years of firefighting experience, has been able to perform the
essential functions of the position despite his disability.
     "This nation does not have a single person to waste," said
Assistant Attorney General for Civil Rights Deval L. Patrick. 
"When we deny jobs to qualified persons because of unrelated
disabilities, we deny opportunity to everyone."
     In April 1991, Henderson applied for the Pontiac firefighter
position.  His performance on the written, physical and oral exams,
placed him seventh among 107 applicants.  In a previous job that he
held since 1978 with the Wixom, Michigan fire department, Henderson
received several promotions and eventually served as lieutenant,
despite his disability.  He met the state's minimum requirements
for a full-time firefighter, is licensed as an emergency medical
technician, passed the state's basic training course and several
advanced courses, and attended over thirty other training courses
and seminars.
     Before being hired, Henderson took a pre-employment physical
examination in July 1992, at which time the city discovered the
problem with his vision.  Even though his disability never affected
his firefighting performance in the past, the city felt Henderson
could not be hired because of his vision.
     Henderson filed a complaint with the Equal Employment
Opportunity Commission accusing Pontiac of discriminating against
him because of his disability.  In March 1994, the EEOC referred
the case to the Justice Department after determining there was
reasonable cause to believe the city had discriminated in violation
of the ADA.  Following its own investigation, the Justice
Department informed the city of its violation and attempted to
resolve the dispute through negotiations.  Last Friday,
negotiations broke down.
     "We are committed to ensuring that the American workplace is
free of discrimination and that all qualified individuals are
considered for employment opportunities regardless of disability,"
added Patrick.
     The complaint seeks a court order requiring the city to hire
Henderson with retroactive seniority, pension and related benefits
and compensate him for any losses.
     Title I of the ADA prohibits discrimination against persons
with disabilities by state or local governments, as well as private
entities.  While the EEOC handles all individual cases of
discrimination, it refers to the Justice Department for litigation
those unsettled cases alleging individual discrimination by a
government.  This is the first suit stemming from a referral.
     In December 1993, the Justice Department brought its first
case alleging a pattern of discrimination by a government when it
sued Aurora, Illinois, for denying benefits to police officers with
pre-existing disabilities.
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