Case: In re Colorado Peace Officers Standards and Training Board

DJ# 205-13-19 | No Court

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Case Summary

A disabled Colorado Peace Officer candidate brought a complaint to the Disability Rights Section of the Civil Rights Division of the United States Department of Justice alleging that the State of Colorado's Peace Officer Standards and Training Board (POST Board) violated Title II of the Americans with Disabilities Act (ADA) by denying him reasonable accommodations on a written exam to certification exam.On March 19, 2008, the United States and the POST Board entered into a three-year settlement…

A disabled Colorado Peace Officer candidate brought a complaint to the Disability Rights Section of the Civil Rights Division of the United States Department of Justice alleging that the State of Colorado's Peace Officer Standards and Training Board (POST Board) violated Title II of the Americans with Disabilities Act (ADA) by denying him reasonable accommodations on a written exam to certification exam.

On March 19, 2008, the United States and the POST Board entered into a three-year settlement agreement. The POST board agreed to adopt policies and procedures for providing reasonable accommodations, including that it will administer tests only at locations willing and able to make physical accommodations for test takers. The POST Board also agreed to consult with experts in the State of Colorado when it lacked the expertise to evaluate a request for reasonable accommodations. The POST Board will keep records relevant to this settlement agreement and the United States had the power to monitor and enforce the agreement. The complainant will be eligible to audit courses at a community college, will receive reasonable accommodations, and have the fees waived for his next three attempts to take the certification exam.

Summary Authors

Brian Kempfer (6/8/2014)

People


Attorney for Plaintiff

Becker, Grace Chung (District of Columbia)

Breen, Philip L. (District of Columbia)

Esch, Eugenia (District of Columbia)

Wodatch, John L. (District of Columbia)

Attorney for Defendant

Suthers, John W. (Colorado)

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Documents in the Clearinghouse

Document

205­-13­-19

Settlement Agreement

USA v. Colorado Peace Officers Standards and Training Board

Oct. 9, 2008

Oct. 9, 2008

Settlement Agreement

Docket

Last updated Aug. 30, 2023, 1:47 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: Colorado

Case Type(s):

Disability Rights

Key Dates

Closing Date: March 19, 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Disability Rights Section of the Civil Rights Division U.S. Department of Justice on behalf of a disabled candidate to be a police officer in Colorado

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Colorado, State

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Special Case Type(s):

Out-of-court

Available Documents:

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: 0

Order Duration: 2008 - 2011

Content of Injunction:

Reasonable Accommodation

Develop anti-discrimination policy

Reporting

Recordkeeping

Monitoring

Issues

General:

Access to public accommodations - governmental

Education

Government services

Record-keeping

Records Disclosure

Testing

Test or device

Disability and Disability Rights:

Reasonable Accommodations

Reasonable Modifications

disability, unspecified

Hearing impairment

Integrated setting

Mental impairment

Mobility impairment

Visual impairment

Discrimination-area:

Testing

Discrimination-basis:

Disability (inc. reasonable accommodations)

Medical/Mental Health:

Intellectual/Developmental Disability

Type of Facility:

Government-run