DOJ REACHES SETTLEMENT WITH THE CITY OF HUBBARD, OREGON

The Justice Department announced that it reached a settlement with the city of Hubbard, Oregon, resolving an investigation of the city under Title I of the Americans with Disabilities Act (ADA). The investigation found that the city’s online employment application asked questions about disabilities in violation of the ADA. The ADA does not permit employers to inquire whether an applicant is an individual with a disability or as to the nature of such disability before making a conditional offer of employment. However, the ADA permits federal contractors subject to affirmative action requirements under Section 503 of the Rehabilitation Act of 1973 to invite an applicant voluntarily to self-identify as an individual with a disability, consistent with certain requirements. In June, the department reached a similar settlement agreement with Florida State University.