January 1, 2024
The Justice Department reached a settlement agreement with the city of Miami Beach today to resolve its claims that the city violated the Americans with Disabilities Act (ADA) by asking police applicants to take medical and psychological exams too early in the hiring process. Under the ADA, medical and psychological exams may only be conducted after employers make a conditional job offer. Other parts of the hiring process, such as reviewing a candidate’s written job application or conducting an interview, must happen before the conditional offer. This rule can help an applicant know if exam results likely led to their offer being revoked, so they may challenge potential disability-based discrimination.
Under the agreement, the city will ensure that its hiring practices comply with the ADA, including the timing of medical examinations, and will train its employees on this requirement. When requested, the city will provide an applicant whose conditional job offer is revoked with the reason why, including any medical or disability-related reasons. The city will also host a training on the ADA and best practices for background investigations for representatives from Florida’s municipal and county law enforcement agencies.
To learn more, please read the press release and settlement agreement. For more information on the ADA, please call the department’s toll-free ADA information line at 800-514-0301 (TTY 833-610-1264) or visit ada.gov.