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              DOJ Fights Pontiac Over Firefighter

WASHINGTON, D.C.--In the first Justice Department suit alleging
employment discrimination against an individual with a disability, the
Justice Department today sued a Michigan fire department for refusing to
hire a seasoned firefighter with 15 years experience who has been blind
in one eye since childhood.

The suit, filed in U.S. District Court in Detroit, alleges the city of
Pontiac violated the Americans with Disabilities Act (ADA) when it
refused to hire Dennis Henderson because of his unrelated disability.
The complaint asserted that Henderson, who has over 15 years of
firefighting experience, has been able to perform the essential
functions of the position despite his disability.

"This nation does not have a single person to waste," said Assistant
Attorney General for Civil Rights Deval L. Patrick. "When we deny jobs
to qualified persons because of unrelated disabilities, we deny
opportunity to everyone."

In April 1991, Henderson applied for the Pontiac firefighter position.
His performance on the written, physical and oral exams, placed him
seventh among 107 applicants.  In a previous job that he held since 1978
with the Wixom, Michigan fire department, Henderson received several
promotions and eventually served as lieutenant, despite his disability.
He met the state's minimum requirements for a full-time firefighter, is
licensed as an emergency medical technician, passed the state's basic
training course and several advanced courses, and attended over thirty
other training courses and seminars.

Before being hired, Henderson took a pre-employment physical examination
in July 1992, at which time the city discovered the problem with his
vision.  Even though his disability never affected his firefighting
performance in the past, the city felt Henderson could not be hired
because of his vision.

Henderson filed a complaint with the Equal Employment Opportunity
Commission accusing Pontiac of discriminating against him because of his
disability.  In March 1994, the EEOC referred the case to the Justice
Department after determining there was reasonable cause to believe the
city had discriminated in violation of the ADA. Following its own
investigation, the Justice Department informed the city of its violation
and attempted to resolve the dispute through negotiations.  Last Friday,
negotiations broke down.

"We are committed to ensuring that the American workplace is free of
discrimination and that all qualified individuals are considered for
employment opportunities regardless of disability," added Patrick.

The complaint seeks a court order requiring the city to hire Henderson
with retroactive seniority, pension and related benefits and compensate
him for any losses.

Title I of the ADA prohibits discrimination against persons with
disabilities by state or local governments, as well as private entities.
While the EEOC handles all individual cases of discrimination, it refers
to the Justice Department for litigation those unsettled cases alleging
individual discrimination by a government.  This is the first suit
stemming from a referral.

In December 1993, the Justice Department brought its first case alleging
a pattern of discrimination by a government when it sued Aurora,
Illinois, for denying benefits to police officers with pre-existing
disabilities.

[Justice Department Sues Michigan Fire Department for Refusing to Hire
Seasoned Firefighter with a Disability, DOJ, 12/14/94]

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