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CITY OF NORTH KANSAS CITY, MISSOURI TO PAY $60,000

WASHINGTON, D.C. The City of North Kansas City, Missouri agreed to pay $60,000 in damages and has agreed to evaluate its policies and practices to ensure compliance with the Americans with Disabilities Act in a settlement reached today with the Justice Department.

Today's settlement, filed in U.S. District Court in Kansas City, resolves a disability discrimination complaint filed by Michael D. Day which charged that the City withdrew a preliminary job offer for a firefighter/paramedic job soon after the City Council learned that he has insulin-dependent diabetes.

"Employment decisions must be made solely upon an individual's qualifications and not upon myths, fears and stereotypes about disability," said Bill Lann Lee, Assistant Attorney General for Civil Rights. "The ADA mandates that qualified applicants like Mr. Day cannot be passed over."

Mr. Day, an experienced firefighter, was the City's top-ranked applicant for the job, and, at the time he applied to North Kansas City, Mr. Day was working as a firefighter/paramedic at the neighboring South Metro Fire Department. According to his physician, Mr. Day, who uses insulin and twice daily checks on his blood sugar to monitor his condition, has well-controlled diabetes and is qualified for the job. The City of North Kansas City Missouri withdrew its job offer, however, soon after learning he had diabetes.

Under the settlement agreement the North Kansas Fire Department will:

• Pay $60,000.00 in damages to Mr. Day as compensation for his losses;

• Abide by all of the requirements of the ADA;

• Ensure that all of its policies and practices comply with the Americans with Disabilities Act.

• Refrain from making any disability-related inquiries or requiring medical examinations of applicants until after a conditional offer of employment has been extended;

• Evaluate all applicants on an individualized case-by-case basis, and make hiring decisions in a nondiscriminatory manner -- including decisions with regard to qualified applicants with Insulin Dependent Diabetes.

Mr. Day originally filed a complaint with the Equal Employment Opportunity Commission in February 2000. It was referred to the Department of Justice for litigation.