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Miami Beach, Florida - The Justice Department recently settled with the City of Miami Beach, addressing allegations that the city violated the Americans with Disabilities Act (ADA), stemming from the city's practice of requiring police applicants to undergo medical and psychological exams earlier in the hiring process than permitted under the ADA.

Key Points

• The ADA mandates that employers, including the City of Miami Beach, are only allowed to inquire about an applicant's health or disability after making a conditional job offer. This includes conducting medical and psychological exams.
• This regulation is designed to protect applicants, ensuring transparency if a job offer is revoked due to health or disability reasons, thereby allowing them to challenge possible discrimination.
• The City of Miami Beach was found to conduct medical and psychological exams prematurely, aligning them with other aspects of the hiring process like physical agility tests, and reviewing candidates' education, employment history, military service, finances, criminal history, and social media.
• As part of the agreement, Miami Beach will revise its hiring practices to comply with ADA requirements, particularly concerning the timing of medical examinations.
• The city has agreed to provide training for its employees on ADA compliance and will inform applicants if a job offer is rescinded due to medical or disability-related reasons.
• Additionally, Miami Beach will organize a training session on ADA compliance and best practices for background checks for Florida’s municipal and county law enforcement agency representatives.
• The City of Miami Beach cooperated fully with the Justice Department's investigation and has voluntarily updated its background investigation process to align with ADA standards.