U.S. Department of Justice Civil Rights Division Disability Rights Section P.O. Box 66738 Washington, DC 20035-6738 SETTLEMENT AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND RIVERSIDE COUNTY, CALIFORNIA DEPARTMENT OF JUSTICE COMPLAINT NUMBER XX I. Introduction This matter was initiated by a complaint filed under Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. SS 12131-12134, with the United States Department of Justice (Department of Justice) against Riverside County. The complaint alleges that Riverside County discriminates against certain employees with disabilities in violation of the ADA by requiring them to complete a form called Notice of Medical Restriction and Conditional Employment, a copy of which is attached hereto. This form requires that an employee who has the medical condition identified on the form must, as a condition of employment, agree to: have the condition treated on an on-going basis by a physician, follow the physician's recommendations and undergo monitoring of the condition by the County through periodic re-checks by the Company's medical provider. The form also requires the employee to acknowledge that his or her medical condition must remain under control or he or she will face possible suspension or termination. The Department of Justice is authorized under 28 C.F.R. Part 35, Subpart F, to investigate the allegations of the complaint in this matter to determine whether Riverside County's use of this form violates Title II of the ADA and the Justice Department's implementing regulation. It is also authorized to issue findings, and, where appropriate, negotiate and secure voluntary compliance agreements. Furthermore, the Attorney General is authorized under 42 U.S.C. S 12133, to bring a civil action enforcing Title II of the ADA should the Department of Justice fail to secure voluntary compliance pursuant to Subpart F. - 2 - The Department understands that the County has used the abovementioned form from 1990 up to the current time for employees with a variety of medical conditions who applied for or were already working in a variety of County jobs. The County has assured the Department that it has never taken disciplinary action, rescinded hiring, nor taken any other adverse action against any individual who failed to comply with the conditions listed on the form or who refused to sign the form. II. Agreement In consideration of the terms of this Agreement as set forth below, the Attorney General agrees to refrain from undertaking further investigation or from filing civil suit in this matter. The parties to this Agreement are the United States of America and Riverside County. The parties hereby agree as follows: 1. The ADA applies to Riverside County because it is a public entity as defined in the statute (42 U.S.C. S 12131) and in the regulation implementing Title II. (28 C.F.R. S 35.104.) 2. The subject of this Settlement Agreement is Riverside County's use of the Notice of Medical Restriction and Conditional Employment form. This Agreement resolves the complaint alleged herein. 3. Riverside County agrees to stop using all versions of the Notice of Medical Restriction and Conditional Employment form as of the date of this Agreement. 4. Within 10 days of the date of this Agreement, Riverside County will destroy all copies of the Notice of Medical Restriction and Conditional Employment form that appear in medical files and any other employee files. Copies of this form that appear in medical files and any other files of persons who are no longer employed by the County will also be destroyed. 5. Within 30 days of the date of this Agreement, Riverside County will notify each current and former employee who at any time was required to complete the Notice of Medical Restriction and Conditional Employment form that after an investigation into this matter, the Department of Justice concluded that the use of this form by the County violated the ADA, and that in order to resolve the matter, the County has agreed to stop using the form, and to destroy all copies of this form appearing in the employees' files. 6. Riverside County will insure that information relating to the medical condition of employees will appear only in employee medical files as required by 42 U.S.C. S 12112(d)(3)(B) and 29 C.F.R. S 1630.14(b). - 3 - 7. Within 45 days of the effective date of this Agreement, Riverside County will submit written certification to the Department of Justice that it has complied with paragraphs 3, 4, and 5 of this Agreement. A copy of written notice sent to employees to comply with paragraph 5 will also be included with the certification. 8. This Agreement is a public document. A copy of this document or any information contained in it, may be made available to any person. Riverside County will provide a copy of this Agreement to any person on request. 9. The Department of Justice may review compliance with this Agreement at any time. If the Department of Justice believes that this Agreement or any requirement thereof has been violated, it may institute civil action seeking specific performance of the provisions of this Agreement in an appropriate Federal court. 10. Failure by the Department of Justice to enforce this entire Agreement or any provision thereof with respect to any deadline or any other provision herein will not be construed as a waiver of its right to enforce other deadlines and provisions of this Agreement. 11. The effective date of this Agreement is the date of the last signature below. 12. This Agreement constitutes the entire agreement between the parties on the matters raised herein, and no other statement, promise, or agreement, either written or oral, made by either party or agents of either party, that is not contained in this written Agreement, will be enforceable under its provisions. This Agreement is limited to the facts set forth in the Introduction, and it does not purport to remedy any other potential violations of the Americans with Disabilities Act or any other Federal law. This Agreement does not affect Riverside - 4 - County's continuing responsibility to comply with all aspects of Title II of the ADA. For Riverside County: For the United States: JOHN WODATCH, Chief JOAN A. MAGAGNA, Deputy Chief THOMAS M. CONTOIS, Attorney ROBB WOLFSON, Investigator Disability Rights Section Civil Rights Division U.S. Department of Justice P.O. Box 66738 Washington, D.C. 20035-6738 Date Date