FOR IMMEDIATE RELEASE                                          CR
THURSDAY, SEPTEMBER 11, 1997                       (202) 616-2765
                                               TDD (202) 514-1888
                                 
     JUSTICE DEPARTMENT SUES NEW MEXICO TOWN FOR RETALIATING
                     AGAINST FORMER EMPLOYEE

     WASHINGTON, D.C. -- Today the Justice Department sued a New
Mexico town for allegedly retaliating against an employee because
he obtained a favorable settlement in a lawsuit charging the town
with violating the Americans with Disabilities Act (ADA).

     Today's suit, filed in U.S. District Court in Albuquerque,
alleged that the town of Tatum refused to allow Marvin Lyon to
continue employment as a town emergency medical technician (EMT)
because he had brought a past disability discrimination suit. In
1993 Lyon sued the town after it terminated him from his job at
the police department following heart surgery, even though he was
qualified and able to work. 

     Today's case if the first filed by the Department under the
ADA alleging retaliation.

     "The Department is committed to protecting the right of
individuals to raise legitimate concerns about discrimination in
the workplace without fear of reprisal," said Isabelle Katz
Pinzler, Acting Assistant Attorney General for Civil Rights.

     In early 1993, after Lyon underwent successful heart bypass
surgery, his doctor recommended he work at a less physically
intensive job.  Lyon, who had been employed as a police officer,
applied for the vacant position of police dispatcher.  Although
he met all of the qualifications, the town declined to hire him
for the position, and instead terminated him from the department. 
He filed suit alleging that the town failed to reasonably
accommodate him as required by the ADA.

     Lyon secured full-time employment elsewhere and eventually
landed a part-time position with the town as an emergency medical
technician to supplement his income.  In February 1995, after
beginning work as an EMT, Lyon's lawsuit against the town was
settled by the town's insurance carrier and included a monetary
payment.  Soon after, town officials began to retaliate against
Lyon and told him he could no longer work as an EMT without
giving him a reason.

     In November 1995, Lyon filed a complaint with the Equal
Employment Opportunity Commission (EEOC) accusing Tatum of
retaliating against him in violation of the ADA.  The EEOC's
investigation supported his claim and referred the matter to the
Justice Department.  Following its own investigation, the
Department informed the town of its violation and attempted to
resolve the dispute through negotiations before filing suit.

     The complaint seeks a court order requiring the town to re-
hire Lyon for his former position of emergency medical
technician, provide him back pay and compensate him for any
losses.

     The ADA prohibits public and private employers from taking
adverse action against any employee because that employee has
asserted rights under the law.  

     Those interested in finding out more about the ADA can call
the Department's toll-free information line at (800) 514-0301,
(800) 514-0383 (TDD) or access the ADA Home Page on the World
Wide Web at [http://www.usdoj.gov/crt/ada/adahom1.htm].  
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