Clarksville to pay $150,000, provide additional training as part of settlement over ADA violation

LOUISVILLE, Ky. (WDRB) -- The town of Clarksville, Indiana, and the Department of Justice (DOJ) have reached an agreement after the town was accused of violating the Americans with Disabilities Act (ADA).

The DOJ filed a lawsuit in April saying Clarksville pulled a job offer after learning the person had HIV following a medical exam back in 2015. The person had been a reserve officer with the Clarksville Police Department for more than a year.

Town officials said the job offer was withdrawn "based on the advice of medical consultants," which the DOJ said was a violation of the ADA.

The agreement, reached Thursday, requires Clarksville to pay the officer $150,000 in damages. The town must also reverse its policies and procedures for employment-related medical exams and provide additional training for personnel on ADA requirements.

Additionally, the town will provide an affidavit that says the person is eligible to be rehired by the police department, and that the withdrawal of the job offer was "unrelated to any action or lack of qualification" on their part.

"Workers living with HIV, including those in law enforcement, deserve to be free from unlawful discrimination," Zachary A. Myers, U.S. attorney for the Southern District of Indiana, said in a news release. "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."

The DOJ said Title I of the ADA "prohibits employers from discriminating against qualified individuals on the basis of disability." That includes "withdrawing a job offer to a qualified individual based on unsupported and stereotypical views of the applicant's disability."

A judge still has to approve the agreement.

A spokesperson for the town Clarksville said they're happy the settlement satisfies all parties, and that the town will work to make sure people with disabilities have an equal opportunity for employment.

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