The U.S. Department of Justice says it has filed a proposed consent decree to resolve its lawsuit against the town of Clarksville for an alleged violation of the Americans with Disabilities Act. The lawsuit accused the town’s police department of violating the ADA when it revoked a job offer to a police officer candidate because of his HIV diagnosis.
The Justice Department says the person had been a volunteer reserve officer for over a year and was qualified for the position.
“Workers living with HIV, including those in law enforcement, deserve to be free from unlawful discrimination,” said Zachary Myers, U.S. Attorney for the Southern District of Indiana. “This settlement will ensure that qualified individuals who seek to serve their communities won’t be excluded as a result of unfounded stereotypes and misinformation about HIV.”
Under the terms of the consent decree, the town is ordered to pay $150,000 in compensatory damages to the complainant. Further, the town must file an affidavit stating the complainant’s termination by the town was through no fault of his own.
The DOJ says Clarksville must revise its policies and procedures regarding employment-related medical examinations and will train relevant personnel on the requirements of Title I of the ADA.
The consent decree has been filed with the U.S. District Court for the Southern District Indiana which must approve the agreement.