On July 22, 2015, the Civil Rights Division of the U.S. Department of Justice filed this lawsuit in the U.S. District Court for the Eastern District of Michigan against the University of Michigan. The DOJ brought this suit on behalf of an employee of the University who had filed a charge of discrimination with the Equal Employment Opportunity Commission, claiming that the University had discriminated against her in violation of Title I of the Americans with Disabilities Act by denying her a reasonable accommodation.

Specifically, the complaint alleged that the University of Michigan did not offer the employee a transfer or reassignment after she suffered a back injury that prevented her from being able to carry out her job. In addition, according to the complaint, the University did not give the employee "priority placement" into a vacant position as outlined in the University's own Standard Practice Guide, even after the employee applied for several jobs at the University. Instead, the University utilized a "best qualified" standard in selecting candidates for a vacant position, even when considering reassignments for reasonable accommodation. The DOJ requested monetary relief on behalf of the employee and injunctive relief to address the University's ADA violations.

The University of Michigan settled with the DOJ in a consent decree filed with the complaint. Without admitting fault, the University agreed to modify its policies, practices, and procedures, including eliminating the application of the "best qualified" standard when considering reassignments as a reasonable accommodation and implementing a policy to reassign employees with disabilities to vacant positions for which they are qualified without competition for the position, when no accommodation is available in the current job. In addition, the University agreed to train its supervisors and human resource staff regarding the requirements of reasonable accommodation under the ADA. Finally, the University agreed to pay $156,674.37 to the employee mentioned in the complaint and an additional $58,445.47 to another affected individual.

The consent decree was signed by District Judge Bernard A. Friedman on August 3, 2015 and the case is now closed.

John He - 09/28/2015


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