The city of Hubbard has reached a settlement with the Department of Justice after it was found out of compliance with the Americans with Disabilities Act.

After an investigation, the DOJ found the city’s online employment application asked questions about disabilities that violated the ADA.

The ADA does not allow employers to inquire whether an applicant has a disability or what the nature of that disability is before an offer of employment is made.

Vickie Nogle, Hubbard’s director of administration, explained that the questions regarding disabilities were placed on a supplemental application, which is only filled out once an offer of employment has been made.

“But over time the supplemental application became part of the initial application process,” she said. “Basically it was an OK question but it should have been asked later (in the hiring process).”

Nogle added that she is unsure how this came to the federal authorities’ attention, but it wasn’t from discrimination by the city.

“The city never discriminated against anyone with a disability,” she said.

Per the July 9 settlement, the city of Hubbard agreed to not discriminate against any applicant on the basis of disability.

Specifically that means the city will not:

  • Conduct a medical examination or make a disability-related inquiry of a job applicant before a conditional offer of employment is made;
  • Require a medical examination or make inquiries of an employee as to whether he or she has a disability, or as to the nature or severity of the disability, unless it is shown to be job-related;
  • Maintain the medical or disability-related information of applicants and employees in separate, confidential medical files; and
  • Train employees who make hiring or personnel decisions on the requirements of the ADA, designate an individual to address ADA compliance matters and report on compliance.
  • “This agreement ensures that people with disabilities will have an equal chance to compete for jobs with the city of Hubbard,” said Acting Assistant Attorney General Jocelyn Samuels for the Civil Rights Division in a press release. “The Justice Department is committed to eliminating employment barriers for people with disabilities, and we commend the city of Hubbard for its cooperation and efforts to ensure fairness in the job application process.”

    Lindsay Keefer covers Hubbard, Mount Angel and St. Paul. She can be reached at This email address is being protected from spambots. You need JavaScript enabled to view it. or 503-765-1193.

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