IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF LOUISIANA UNITED STATES OF AMERICA ) ) Plaintiff, ) ) v. ) C.A. NO. 96-121-A-M2 ) ) Judge Parker LOUISIANA DEPARTMENT OF ) PUBLIC SAFETY AND CORRECTIONS, ) Magistrate Noland a Department of the ) State of Louisiana, ) ) Defendant. ) ) CONSENT DECREE This action was brought by the United States against the Louisiana Department of Public Safety and Corrections ("Defendant") to enforce the provisions of title I of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C.  12111 et seq., following a referral by the Equal Employment Opportunity Commission ("EEOC") to the Department of Justice, of a charge filed by Edward Smith, Charge No. 270-92-1817. In its complaint, the United States alleges, inter alia, that the Defendant discriminated against Mr. Smith based on his disability by failing or refusing to re-hire him as a correction sergeant in August 1992. The United States alleges that Mr. Smith, who lost ninety- five percent (95%) of his sight in his left eye as a result of a work-related incident, was later denied re-employment because he requested a reasonable accommodation to permit him to perform the essential functions of correction sergeant. The Defendant 01-05365 denies that it has discriminated in any manner against Mr. Smith on the basis of disability in violation of title I of the ADA. Nevertheless, the parties wish to settle this action without the burden of prolonged litigation. This Consent Decree resolves all issues raised by the complaint. The parties agree that the Court has jurisdiction over the parties and over the subject matter of this action. The parties waive, for the purpose of this Consent Decree only, a hearing and findings of fact and conclusions of law on all issues. This Decree is entered with the consent of the parties and shall in no way constitute an adjudication or finding on the merits of the case, nor be construed as an admission by Defendant or a finding of any wrongdoing or violation of any applicable federal or state law or regulation. It is therefore ORDERED, ADJUDGED AND DECREED as follows: A. PROSPECTIVE RELIEF 1. The Defendant, by and through its officials, agents, employees and all persons in active concert or participation with the Defendant, is enjoined from engaging in any act or practice that has the purpose or effect of unlawfully discriminating against any employee or applicant for employment on the basis of disability in violation of the ADA. 2. The Defendant, by and through its officials, agents, employees and all persons in active concert or participation with the Defendant, is enjoined from retaliating against any person who: opposes or has opposed policies or practices he or she - 2 - 01-05366 believes to discriminate on the basis of disability; has filed an EEOC charge; or has participated in or cooperated with the initiation, investigation, litigation or settlement of this action. 3. The Defendant shall post notices on all employee bulletin boards at the Jetson Correctional Center for Youth ("JCCY"), formerly the Louisiana Training Institute-Baton Rouge, in the form of Appendix A. The notices shall remain posted for one (1) year from the date of entry of this Consent Decree. B. INDIVIDUAL REMEDIAL RELIEF 4. The Defendant shall offer Mr. Smith a monetary award of $47,000.00 in compensatory damages, for any and all claims arising out of or related to the instant action and EEOC Charge No. 270-92-1817. 5. In order to receive any of the relief to be offered by the Defendant under this Consent Decree, Mr. Smith must complete a Release Form (Appendix C). Within fifteen (15) days of the Defendant's receipt of Mr. Smith's executed Release Form, the Defendant shall pay to Mr. Smith the monetary award described in paragraph four (4) of this Consent Decree. C. IMPLEMENTATION 6. The Defendant agrees to notify Mr. Smith of the terms of this Consent Decree within seven (7) days of its entry by mailing to him, by certified mail, return receipt requested, a copy of the letter in the form set forth in Appendix B and enclosing a copy of the Consent Decree and a copy of the Release - 3 - 01-05367 Form attached as Appendix C. The letter identified as Appendix B shall advise Mr. Smith that to accept the relief offered, he must return a signed Appendix C Release Form to the Defendant within thirty (30) days of his receipt of the Appendix B letter unless he shows good cause for his failure to do so. 7. The parties shall attempt to resolve informally any disputes that may occur under this Consent Decree. If the parties are unable to reach agreement within thirty (30) days after a matter has been brought to the attention of one of the parties by the other party, the issue may be submitted by either party to the Court for resolution. 8. The Court shall retain jurisdiction over this Consent Decree for the purposes of resolving any disputes that may arise between the parties under this Decree and entering such orders as may be appropriate. 9. This Consent Decree shall terminate one (1) year from the date of its entry. Before its termination, any party may move, for good cause shown, to extend the duration of the Consent Decree. D. RECORDS 10. Within ninety (90) days after entry of this Consent Decree, the Defendant shall provide to the United States a report confirming the receipt of individual relief by Mr. Smith provided for under this Decree. In addition, the Defendant shall make available for inspection and copying, within fourteen (14) calendar days after notice of a request by the Plaintiff United - 4 - 01-05368 States, through its counsel, all documents relevant to the Defendant's compliance with and implementation of this Decree. E. COSTS 11. The parties to this action shall bear their own costs, including attorneys' fees, except that the parties retain the right to seek costs for any matter that, in the future, may arise from this Consent Decree and require resolution by the Court. It is so ORDERED, this day of , 1997. UNITED STATES DISTRICT JUDGE ROSE POLITO WOODEN L. IRENE BOWEN Assistant Attorney General EUGENIA ESCH Louisiana Department of Justice Attorneys Division of Risk Litigation Disability Rights Section P.O. Box 94095, Capitol Station Civil Rights Division Baton Rouge, LA 70804-9095 U.S. Department of Attorney for Defendant Justice P.O. Box 66738 Washington, D.C. 20035- 6738 MARTHA S. MORGAN Attorneys for Plaintiff General Counsel 202-514-3816 Department of Public Safety Office of Youth Development 504 Mayflower St. Baton Rouge, LA 70802 - 5 - 01-05369 States, through its counsel, all documents relevant to the Defendant's compliance with and implementation of this Decree. E. COSTS 11. The parties to this action shall bear their own costs, including attorneys' fees, except that the parties retain the right to seek costs for any matter that, in the future, may arise from this Consent Decree and require resolution by the Court. It is so ORDERED, this 12th day of June, 1997. (Signature) ____________________________ UNITED STATES DISTRICT JUDGE (Signature) (Signature) ____________________________ _______________________ ROSE POLITO WOODEN L. IRENE BOWEN Assistant Attorney General EUGENIA ESCH Louisiana Department of Justice Attorneys Division of Risk Litigation Disability Rights Section P.O. Box 94095, Capitol Station Civil Rights Division Baton Rouge, LA 70804-9095 U.S. Department of Attorney for Defendant Justice P.O. Box 66738 (signature) Washington, D.C. 20035- ____________________________ 6738 MARTHA S. MORGAN Attorneys for Plaintiff General Counsel 202-514-3816 Department of Public Safety Office of Youth Development 504 Mayflower St. Baton Rouge, LA 70802 - 5 - 01-05370