IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN UNITED STATES OF AMERICA, ) 94-74907 Plaintiff, ) ) DEMAND FOR JURY TRIAL v. ) DENISE PAGE HOOD CITY OF PONTIAC, a CIVIL ACTION NO. ) Municipality of the ) State of Michigan, ) Defendant. ) COMPLAINT Plaintiff, United States of America, alleges: 1. This action is brought on behalf of the United States under Section 107(a) of the Americans with Disabilities Act of 1990, as amended, ("ADA"), 42 U.S.C.  12117(a), which incorporates by reference Section 706 of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.  2000e-5. 2. This Court has jurisdiction of the action under 42 U.S.C.  2000e-5(f) and 28 U.S.C.  1345. 3. The Defendant City of Pontiac, Michigan ("City") is a body corporate and politic created under the laws of the State of Michigan. 4. The Defendant City is a person within the meaning of Section 101(7) of the ADA, 42 U.S.C.  12111(7), and Section 701 01-06063 of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.  2000e(a). 5. The Defendant City is an employer within the meaning of Section 101(5) of the ADA, 42 U.S.C.  12111(5) and a covered entity within the meaning of Section 101(2) of the ADA, 42 U.S.C.  12111(2). 6. The Defendant City has discriminated against Dennis P. Henderson in violation of the ADA, Section 102(a), 42 U.S.C.  12112(a), by: (a) failing or refusing to hire as a firefighter Mr. Henderson a qualified individual with a disability who was able to perform the essential functions of the position of firefighter; (b) failing or refusing to hire Mr. Henderson for the position of firefighter because it determined that Mr. Henderson had monocular vision and therefore was disabled and not otherwise qualified for the position of firefighter; and (c) failing or refusing to take appropriate action to remedy the effects of the discriminatory treatment of Mr. Henderson. 7. The Equal Employment Opportunity Commission (EEOC) received a timely charge filed by Mr. Henderson (Charge No. 230- 93-0467) in which he alleged that he had been discriminated against in employment on the basis of his disability by the Defendant City. Pursuant to Section 706 of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C.  2000e-5, -2- incorporated by reference in Section 107(a) of the ADA, 42 U.S.C.  12117(a), the EEOC investigated the charge, found reasonable cause to believe that the allegations of discrimination on the basis of disability were true, attempted unsuccessfully to achieve through conciliation a voluntary resolution of the charge and subsequently referred the matter to the Department of Justice. 8. All conditions precedent to the filing of this suit have been performed or have occurred. 9. Plaintiff demands a trial by jury. WHEREFORE, plaintiff prays that the Court grant the following relief: (a) Enjoin Defendant from failing or refusing to (i) provide sufficient remedial relief to make whole the charging party, Dennis P. Henderson, for the individual loss he has suffered as a result of the discrimination against him as alleged in this Complaint, including the offer of a position as a firefighter with retroactive seniority, payment of back pay with interest, pension and related benefits; and (ii) take other appropriate nondiscriminatory measures to overcome the effects of the discrimination; and (b) Award compensatory damages to Dennis P. Henderson as would fully compensate Mr. Henderson for injuries caused by the Defendant's discriminatory conduct, pursuant to and within the statutory limitations of - 3 - Section 102 of the Civil Rights Act of 1991, 42 U.S.C.  1981a; and (c) Award such other additional relief as justice may require, together with plaintiff's costs and disbursements in this action. JANET RENO Attorney General By: DEVAL L. PATRICK Assistant Attorney General Civil Rights Division SAUL A. GREEN United States Attorney Eastern District of Michigan RICHARD S. UGELOW EDWARD MILLER Attorneys Civil Rights Division U.S. Department of Justice P. O. Box 65968 Washington, D. C. 20035-5968 (202) 514-3422 01-06066 Department of Justice FOR IMMEDIATE RELEASE CR WEDNESDAY, DECEMBER 14, 1994 (202) 616-2765 TDD (202) 514-1888 JUSTICE DEPARTMENT SUES MICHIGAN FIRE DEPARTMENT FOR REFUSING TO HIRE SEASONED FIREFIGHTER WITH A DISABILITY 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." (MORE) 01-06067 - 2 - 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 EEOF 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. (MORE) 01-06068 - 3 - "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. # # # 94-700 01-06069