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Settlement Agreement Between The United States Of America And The County Of Orange, California

1. The parties to this Settlement Agreement (Agreement) are the United States of America and the County of Orange, California (the County).

2. Title I of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. §§ 12111 et seq., is referred to as "Title I" or the "ADA."

The parties hereby agree as follows:


3. The County of Orange is a person and an employer as defined by Title I, section 101, 42 U.S.C. § 12111(7) and section 101, 42 U.S.C. § 12111(5)(a), respectively.

4. On October 14, 1992, Ms. [REDACTED] filed a charge [REDACTED] with the Equal Employment Opportunity Commission (EEOC) alleging that the County's failure to reinstate her to her former job of Eligibility Technician was based on its perception that she had a disability, and in violation of the ADA.

5. Ms. [REDACTED] charge was filed on October 14, 1992, within 300 days of the alleged discriminatory act, and is therefore timely.

6. Between May 1983 and May 1987, the County employed Ms.[REDACTED] as an Eligibility Technician.

7. In May 1987, Ms. [REDACTED] went on an extended medical leave of absence. On her return in late 1988, because medical restrictions placed on her by her psychiatrist precluded her from returning to her duties as an Eligibility Technician, she was assigned to a clerical position.

8. In June 1992, Ms.[REDACTED] was selected for an Eligibility Technician vacancy.

9. After her appointment as a probationary Eligibility Technician, the County asked Ms. [REDACTED] to submit to a medical examination to determine whether her past medical restrictions were still in effect.

10. In July 1992, Ms. [REDACTED]' psychiatrist concluded that Ms.[REDACTED] could return to her duties as an Eligibility Technician without any medical restrictions.

11. The County notified Ms. [REDACTED] that, despite her psychiatrist's findings, she could not work as an Eligibility Technician. As a result Ms. [REDACTED] had to return to her clerical job.

12. On October 14, 1992, Ms. [REDCATED] filed her charge with the EEOC and on May 24, 1994, the EEOC issued a letter of determination stating that there was sufficient evidence to demonstrate that the County violated the ADA.

13. After conciliation failed, the EEOC, as authorized by section 107(a) of Title I, 42 U.S.C. § 12117(a), referred Ms.[REDACTED]'s charge to the United States Department of Justice recommending that a civil action be filed under the ADA.

14. The United States alleges that the County violated Title I of the ADA, among other ways, by failing to appoint Ms.[REDACTED] to the position of Eligibility Technician because it regarded Ms.[REDACTED] as having a disability; and by failing and refusing to take appropriate action to remedy the effects of its discriminatory treatment of Ms. [REDACTED].

15. The County denies that any action it has taken constitutes a violation of Title I of the ADA. This Agreement shall not be construed as an admission of liability by the County.

16. The parties have determined that their respective interests can be met by resolving this dispute, and have therefore voluntarily entered into this Agreement.

General Agreement

17. At the time this Agreement is signed by the parties, the County will offer a monetary amount of $10,000.00 to Ms.[REDACTED] as monetary damages for injuries sustained as a result of its actions.

18. This offer will be made in a letter to Ms. [REDACTED], the contents of which will be the same as in Exhibit 1 (see attached). The offer letter will advise Ms. [REDACTED] that in order to accept the relief offered, she must return to the County in care of its counsel within thirty (30) days of her receipt of the offer letter a signed and notarized Release, the contents of which will be the same as in Exhibit 2 (see attached).

19. Ms. [REDACTED] does not seek job reinstatement and, accordingly, none has been requested by the United States on

her behalf.

20. The County will send to the undersigned counsel for the United States a copy of the offer letter and Release that it sent to Ms. [REDACTED]. If Ms. [REDACTED] accepts the County's offer, the County will send a copy of the signed and notarized release and a copy of the check to the undersigned counsel for the United States.

21. The County will notify the undersigned counsel for the United States when it has completed the actions described in paragraphs 17-20.

22. Within thirty (30) days of receiving from the County a copy of the offer letter to Ms. [REDACTED], the United States will issue to Ms.[REDACTED] a notice of right to sue on EEOC Charge No.[REDACTED] under section 107, 42 U.S.C. § 12117(a) and 42 U.S.C. § 2000e-5(f)(1).


23. The Attorney General is authorized, by section 107(a) of Title I, 42 U.S.C. § 12117(a), to institute a civil action against a local government employer when the EEOC has determined that there is reasonable cause to believe that a charge of employment discrimination is true, and the EEOC has failed to obtain a conciliation agreement. These preconditions exist as to EEOC Charge No.[REDACTED]. In consideration for the County's offering relief to Ms. [REDACTED], as set forth above, the Attorney General will not institute any civil action alleging employment discrimination by the County on the basis of EEOC Charge No. [REDACTED] filed by Ms. [REDACTED].

Other Provisions

24. If the United States believes that this Agreement or any requirement has been violated, it may institute a civil action in the appropriate United States District Court to enforce this Agreement. The United States may review compliance with this Agreement at any time. If the United States believes that this Agreement or any portion of it has been violated, it will raise its concern(s) with the County and the parties will attempt to resolve the concern(s) in good faith. The County will be given twenty-one (21) days to cure any breach of this Agreement prior to the institution of any enforcement action.

25. Failure by the United States to enforce this entire Agreement or any of its provisions shall not be construed as a waiver of its right to enforce other provisions of this Agreement.

26. A person signing this document in a representative capacity for either party is authorized to bind that party to this Agreement.

27. This Agreement is a public document and constitutes the entire agreement between the parties on this matter. Any statement, promise, or agreement, either written or oral, made by

either party or agents of either party, that is not contained or referred to in this written Agreement, shall not be enforceable. Copies of this Agreement shall be made available to any person by either party upon request to that party.

Effective Date and Termination Date

28. The effective date of this Agreement is the date of the last signature below.

29. This Agreement shall terminate two (2) years from the date the County has notified the United States in writing of its compliance with the provisions of this Agreement.

On behalf of the County of Orange:


Wanda S. Florence

County Counsel

County of Orange


For the United States of


Bill Lann Lee

Acting Assistant Attorney

General for Civil Rights


L. Irene Bowen, Deputy Chief

Eugenia Esch, Attorney

Disability Rights Section

Civil Rights Division

U.S. Department of Justice

P.O. Box 66738

Washington, DC 20035-6738

(202) 514-3816






Re: [REDACTED] v. The County of Orange


Dear Ms. [REDACTED]:

The United States and the County of Orange (the County) have entered into a Settlement Agreement (Agreement) to resolve the above matter. A copy of the Agreement is enclosed.

Under the Agreement, the County is offering you $10,000.00 in monetary relief. In order to accept the County's offer, you must sign and notarize the enclosed Release and return it to the State within thirty (30) days of your receipt of this letter. You may return the Release by mail or in person to:

Wanda S. Florence

Office of County Counsel

10 Civic Center Plaza

Santa Ana, CA 92701

As set forth in Paragraph of the Agreement, the United States will, within thirty (30) days after it receives a copy of this letter, issue to you a notice of your right to sue on EEOC Charge No. 345-93-0040. If, however, you accept the relief being offered to you by the County under this Agreement, and so signify by signing the enclosed Release, you will thereby agree not to exercise your right to file suit on the charge.


If you have any questions on this Agreement or the County's offer to you, you may telephone or write the following attorney at the U.S. Department of Justice:

Eugenia Esch

Disability Rights Section

Civil Rights Division

U.S. Department of Justice

P.O. Box 66738

Washington, D.C. 20035-6738

(202) 514-3816

Wanda S. Florence




For and in consideration of accepting the $10,000.00 offered to me by the County of Orange (the County) under a Settlement Agreement between the United States and the County:

I, [REDACTED], on behalf of myself, executors, heirs and assigns, release and discharge the County and its current, former, and future agents, employees, officials, and designees, of and from all legal and equitable claims, known or unknown, arising out of EEOC Charge No. [REDACTED] which I filed with the San Diego Office of the Equal Employment Opportunity Commission on October 14, 1992. I further agree that I will not exercise my right to institute against the County any civil action alleging employment discrimination on the basis of EEOC Charge

No. [REDACTED] or any of the facts alleged in the charge.

I understand that the payment that is being offered to me does not constitute an admission by the County of the validity of any claim raised by me or on my behalf.

This Release constitutes the entire agreement between the County and myself.

I acknowledge that I am of legal age and under no mental incapacity.

I acknowledge that a copy of the Settlement Agreement between the United States and the County resolving the matter between them has been made available to me.


Signed this ______ day of ________________, 1999.



Social Security Number ______________

Subscribed and sworn to before me this

_____ day of ________________, 1999.

My Commission expires:_______________________


Notary Public

Updated August 6, 2015