Settlement Agreement Between The United States Of America And The City Of North Kansas City, Missouri

1. The parties to this Agreement are the United States of America and the City of North Kansas City, Missouri.
2. The United States of America is referred to hereinafter as the "United States." The City of North Kansas City, Missouri is referred to hereinafter as the "North Kansas City." Mr. Michael D. Day is referred to hereinafter as "Mr. Day." The Equal Employment Opportunity Commission is referred to hereinafter as the "EEOC." Title I of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. ｧｧ 12111 et seq., is referred to hereinafter as the "ADA."

The parties hereby agree as follows:

3. On February 3, 2000, Mr. Michael Day filed a charge with the EEOC, charge No. 281 A0 0442, alleging that North Kansas City discriminated against him on the basis of disability in violation of the ADA.Specifically, Mr. Day alleges that he met or exceeded the qualifications for a firefighter/paramedic vacancy at the North Kansas City Fire Department but he was rejected for the position because he has insulin-dependent diabetes. The undisputed facts show that at the end of the testing and interview process Mr. Day was the top-ranked applicant and had been approved for employment as a firefighter/paramedic by North Kansas City's own medical examiner. At the time he applied, Mr. Day was working as a firefighter/paramedic at the neighboring South Metro Fire Department.
4. On March 23, 2000, the EEOC issued its determination that there was reasonable cause to believe that the North Kansas City Fire Department had violated the ADA. The EEOC found that the North Kansas City Fire Department had violated the ADA by requiring Mr. Day to undergo a medical examination prior to a conditional offer of employment and that it alsofailed to hire Mr. Day because of his disability. After conciliation efforts between the North Kansas City and the EEOC failed, the EEOC referred Mr. Day's charge to the Department of Justice with a recommendation that it file suit.
5. The ADA applies to North Kansas City because it is a person within the meaning of 42 U.S.C. ｧ 12111(7) and an employer within the meaning of 42 U.S.C. ｧ 12111(5)(a).
6. The United States alleges that North Kansas City violated Title I of the ADA by failing to hire Mr. Day, a qualified individual with a disability, based upon his disability, Insulin Dependent Diabetes.

7. The parties have determined that their respective interests can be met without engaging in protracted litigation to resolve this dispute and have therefore voluntarily entered into this Agreement.
8. North Kansas City agrees that it will abide by all of the requirements of the ADA, including making hiring decisions in a non-discriminatory manner. It also agrees not to make any disability-related inquiries or require medical examinations of applicants before a conditional offer of employment has made to those applicants.
9. North Kansas City also specifically agrees, that it will not discriminate in violation of the ADA on the basis of disability, including against qualified individuals with Insulin Dependent Diabetes. Rather, it will evaluate all applicants on an individualized case-by-case basis, and make hiring decisions in a nondiscriminatory manner.

10. On or before December 21, 2000, North Kansas City will offer to pay $60,000.00 to Mr. Day as compensation for all losses sustained as a result of North Kansas City's alleged actions.
11. North Kansas City will send a copy of this Agreement and Exhibits 1 and 2 attached hereto to counsel for Mr. Day. Exhibit 1 provides that in order to accept the relief offered, Mr. Day must return an executed RELEASE OF ALL CLAIMS (Exhibit 2) to North Kansas City in care of its counsel within (30) days of Mr. Days' receipt of those documents.
12. North Kansas City will send to the United States a copy of Exhibits 1 and 2 when they are sent to Mr. Day. If Mr. Day accepts North Kansas City's offer to pay $60,000.00, North Kansas City will pay Mr. Day within fifteen (15) days of receipt of his signed RELEASE OF ALL CLAIMS.

13. North Kansas City will notify the United States when it has completed the actions described in paragraphs 10-12. If Mr. Day accepts North Kansas City's offer to pay $60,000.00, North Kansas City will provide the United States with a copy of the check and transmittal letter sent to him.
14. Within ninety (90) days of receiving from North Kansas City a copy of the offer letter to be sent to Mr. Day by North Kansas City according to this Agreement, the United States will issue to Mr. Day a notice of right to sue on EEOC charge No. 281 A0 0442, pursuant to 42 U.S.C. ｧ 12117(a) and 42 U.S.C. ｧ 2000e-5(f)(1).

15. The Attorney General is authorized, by Section 107(a) of Title I, 42 U.S.C. ｧ 12117(a), to institute a civil action against a state or 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 been unable to obtain an acceptable conciliation agreement. These preconditions exist as to EEOC charge No. 281 A0 0442. In consideration for the offer of relief to Mr. Day, as set forth above, the Attorney General and the Department of Justice will not institute any civil action alleging employment discrimination on the basis of EEOC charge No. 281 A0 0442 filed by Mr. Day. OTHER PROVISIONS
16. The Department of Justice may institute a civil action in the appropriate U.S. District Court to enforce this Agreement, if the United States believes that this Agreement or any of its provisions has been violated. 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 North Kansas City and the parties will attempt to resolve the concern(s) in good faith. The United States will give North Kansas City twenty-one (21) days from the date it notifies North Kansas City of any breach of this Agreement to cure that breach, prior to instituting an enforcement action.
17. 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 do so with regard to other provisions of this Agreement.
18. A signatory to this document in a representative capacity for either party represents that he or he is authorized to bind that party to this Agreement.
19. This Agreement is a public document and constitutes the entire agreement between the parties on the matters raised herein.
    EFFECTIVE DATE/TERMINATION DATE
20. The effective date of this Agreement is the date of the last signature below.

For the City of North Kansas City, Missouri:

By:________________________________      Dated:____________
on behalf of the City of North
Kansas City, Missouri
2010 Howell
Kansas City, Missouri 64116

For the United States of America:

Bill Lann Lee
Assistant Attorney General
for Civil Rights

By:__________________________________      Dated:____________
   John L. Wodatch, Chief
   L. Irene Bowen, Deputy Chief
   Eugenia Esch, Attorney
   Alyse S. Bass, Attorney
   Disability Rights Section
   Civil Rights Division
   U.S. Department of Justice
   P.O. Box 66738
   Washington, D.C. 20035-6738
   (202) 514-3816

VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED

Mr. Michael D. Day
c/o Mr. Anthony A. Stein
4739 Belleview, Suite 304
Kansas City, Missouri 64112

Dear Mr. Day:

The United States and the City of North Kansas City, Missouri have entered into a Settlement Agreement with the intent of resolving the above-captioned matter. A copy of the Settlement Agreement is enclosed.

Pursuant to the Settlement Agreement, North Kansas City offers you payment of $60,000.00, which shall be considered compensatory in nature.

In order to accept North Kansas City's offer to you, you must communicate your acceptance to North Kansas City by executing the enclosed RELEASE OF ALL CLAIMS and by returning it to them within thirty (30) days of your receipt of this letter. You must send your RELEASE OF ALL CLAIMS by mail to:

Ms. Jana Richards
Sanders, Conkright & Warren
10450 Holmes, Suite 330
Kansas City, Missouri 64131

As set forth in paragraphs 14 and 15 of the Settlement Agreement, the United States will, within ninety (90) days after it receives a copy of this letter, issue to you a notice of your right to sue on EEOC charge No. 281 A0 0442. In consideration for the offer of relief to you, as set forth in the Settlement Agreement, the Attorney General has agreed not to institute a civil action alleging employment discrimination on the basis of EEOC charge No. 281 A0 0442 filed by you. If you accept the relief being offered to you pursuant to the Settlement Agreement, and so signify your acceptance by executing the enclosed RELEASE OF ALL CLAIMS, you will thereby agree not to exercise your right to file suit on that charge.

If you have any questions concerning the Settlement Agreement, you may call or write to the following attorney at the U.S. Department of Justice:

Eugenia Esch
Alyse S. Bass
Disability Rights Section
Civil Rights Division
U.S. Department of Justice
P.O. Box 66738
Washington, D.C. 20035-6738
(202) 514-3816

Sincerely,

Jana Richards, Counsel

Enclosures

For and in consideration of the acceptance of the relief offered to me by the City of North Kansas City, Missouri pursuant to a Settlement Agreement between the United States of America and the City of North Kansas City, Missouri:

I, Michael D. Day, release and discharge the City of North Kansas City, Missouri and its current, former, and future agents, employees, officials, and designees, of and from all legal and equitable claims, known at this time, related to my application for employment with the City of North Kansas City, MissouriorEEOC charge No. 281 A0 0442 which I filed with the Equal Employment Opportunity Commission on or about February 3, 2000. I further agree that I will not exercise my right to institute against the above entities any civil action alleging employment discrimination on the basis of EEOC charge No. 281 A0 0442, or any of the facts alleged therein.

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

I acknowledge that a copy of the Settlement Agreement between the City of North Kansas City, Missouri and the United States of America resolving the matter between them has been made available to me.

I HAVE READ THIS RELEASE AND UNDERSTAND THE CONTENTS THEREOF AND I EXECUTE THIS RELEASE OF MY OWN FREE ACT AND DEED.

Signed this ______ day of _________________, 2001.

___________________________________
Michael D. Day

Social Security Number ____________

Subscribed and sworn to before me this

____________ day of _____________, 2001.

________________________________
Notary Public

My Commission expires on: ________________________________