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IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) UNIVERSITY OF MICHIGAN, ) 

 ) CIVIL ACTION NO. 15-12582 Defendant. ) ) 

CONSENT DECREE 

I. Background 

1. This Consent Decree resolves a civil action brought by Plaintiff United 

States against Defendant, the University of Michigan, to enforce the 

provisions of Title I of the Americans with Disabilities Act of 1990 

(“ADA”), 42 U.S.C. §§ 12101, et seq., and its implementing regulation, 29 

C.F.R. §§ 1630 et seq. 

2. In its Complaint, the United States alleges that Defendant discriminated 

against Allissa Weber in violation of 42 U.S.C. § 12112 and 29 C.F.R. §§ 

1630.2, 1630.4 and 1630.9, by failing to provide her with a reassignment as 

a reasonable accommodation when she could no longer perform her job 

because of a back disability; and discriminated against other similarly 

situated employees. The Complaint also alleges that the Defendant’s policy 

that employees with disabilities must be best qualified for a vacant position 

when reassignment is a necessary accommodation constitutes a pattern or 

practice of discrimination on the basis of disability, in violation of 42 U.S.C. 

§§ 12112(a), (b)(5)(A) and § 12117(a). 

3. This matter was initiated by a charge filed by Ms. Weber (Charge No. 471-

2010-02601) with the Equal Employment Opportunity Commission 

(“EEOC”). The EEOC investigated the charge and found reasonable cause 

to believe that the allegations of discrimination on the basis of disability 

were true. After the EEOC’s attempts at conciliation failed, the EEOC 

referred the charge to the United States Department of Justice (“the 

Department”). 

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4. The Defendant has denied, defended, and disputed the allegations and claims 

contained in EEOC Charge No. 471-2010-02601 and this action.

5. The United States and Defendant (collectively “the parties”) agree that it is 

in the parties’ best interests, and the United States believes that it is in the 

public interest, to resolve this lawsuit on mutually agreeable terms without 

further litigation. Accordingly, the parties agree to the entry of this Consent 

Decree without trial or further adjudication of any issues of fact or law 

raised in the United States’ Complaint. 

Accordingly, the parties hereby AGREE and the Court expressly APPROVES, 

ENTERS, AND ORDERS THE FOLLOWING: 

II. Jurisdiction and Venue 

6. This Court has jurisdiction over this action pursuant to 42 U.S.C. § 

2000e-5(f), 42 U.S.C. § 2000e-6, and 28 U.S.C. §§ 1331 and 1345. The 

parties agree that venue is appropriate pursuant to 28 U.S.C. § 1391. 

7. The United States has authority to initiate legal proceedings to enforce Title 

I of the ADA through litigation. 42 U.S.C. § 12117(a). 

8. Defendant is a person within the meaning of 42 U.S.C. § 12111(7) and 42 

U.S.C. § 2000e(a), an employer within the meaning of 42 U.S.C. §§ 

12111(5), and a covered entity within the meaning of 42 U.S.C. § 12111(2) 

and 29 C.F.R. § 1630.2. 

III. Injunctive Relief 

9. Defendant, by and through its officials, agents, employees, and all persons in 

active concert or participation with Defendant in the performance of 

employment or personnel functions, shall not continue its practice that 

employees with disabilities must be the best qualified applicant for a vacant 

position when reassignment is a necessary accommodation and Defendant is 

unable to demonstrate undue hardship. 

10. Within ninety (90) days of entry of this Decree, Defendant shall modify any 

and all policies related to transfers and reassignments as reasonable 

accommodations to explicitly and prominently state that the “best qualified” 

standard is not applicable to transfers/ reassignments as reasonable 

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accommodations for employees with disabilities, and that Defendant’s 

Standard Practice Guide 201.84 governs transfers/ reassignments as 

reasonable accommodations for employees with disabilities. The revised 

policies shall be consistent with the provisions of the EEOC Enforcement 

Guidance: Reasonable Accommodation and Undue Hardship Under the 

Americans with Disabilities Act 

(http://www.eeoc.gov/policy/docs/accommodation.html#reassignment), 

related to reassignment to a vacant position as a reasonable accommodation, 

including but not limited to the following provisions: 

a. An employer must reassign an employee who, because of a disability, 

can no longer perform the essential functions of his/her current 

position, with or without reasonable accommodation, to a vacant 

position that is equivalent in terms of pay, status, or other relevant 

factors (e.g., benefits, geographical location) if the employee is 

qualified for the position. 

b. If there is no vacant equivalent position, the employer must reassign 

the employee to a vacant lower level position for which the individual 

is qualified. 

c. Assuming there is more than one vacancy for which the employee is 

qualified, the employer must place the individual in the position that 

comes closest to the employee’s current position in terms of pay, 

status, etc. If it is unclear which position comes closest, the employer 

should consult with the employee about his/her preference before 

determining the position to which the employee will be reassigned. 

11. Within ninety (90) days of entry of this Decree, Defendant shall provide its 

revised policies required under paragraph 10 above to the United States. 

The United States may provide changes to these policies and the parties 

agree to discuss in good faith the recommended changes suggested by the 

United States and Defendant shall adopt any changes to the policies and 

procedures necessary to reflect the law’s requirements. 

Section IX of Defendant’s Standard Practice Guide (SPG) 201.84 provides 

that: “In some cases, transfer of an employee with a disability into a vacant 

position for which he/she is qualified will constitute a reasonable 

accommodation. Reassignment may be made to a vacant position which is 

the same or lower pay grade as the position currently held by the employee. 

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Whenever reassignment to a vacant position is the only way in which an 

employee with a disability can be reasonably accommodated, the employee 

with a disability will be given priority for placement into that vacant 

position.” (emphasis added). Within ninety (90) days of entry of this 

Decree, Defendant shall modify any practices to ensure that SPG 201.84 and 

Defendant’s revised policies under paragraph 10 will be followed. 

12. Within one hundred fifty (150) days of entry of this Decree, Defendant shall 

disseminate a copy of its modified policies and practices related to transfers 

and reassignments as reasonable accommodations to all employees. 

Throughout the term of this Decree, Defendant will disseminate these 

policies and practices to all new employees within thirty (30) days of their 

hire. Defendant may meet this obligation by posting copies of its modified 

policies and practices on its human resources website, publicizing the new 

policy in the University Record, and including the policy in new employee 

orientation. 

13. Within one hundred fifty (150) days of entry of this Decree Defendant will 

provide to the Department of Justice a copy of all the policies referenced in 

paragraph 12 above, and a declaration from a responsible Defendant official 

verifying that they have been disseminated to all employees and will be 

disseminated to all new employees within thirty (30) days of their hire. 

14. Defendant shall provide training on all aspects of Title I of the ADA (“ADA 

Training”) as follows: 

a. Defendant shall provide mandatory training to all current Human 

Resources employees, and Supervisory employees (as defined by the 

current University “Deans, Directors, Department Heads” code (3D 

list)) within one hundred fifty (150) days of the effective date of this 

Decree. See, e.g.; 

http://www.eeoc.gov/policy/docs/accommodation.html; and 

http://www.eeoc.gov/laws/statutes/adaaa_notice.cfm. Defendant may 

meet this training obligation through the use of on-line training. 

b. ADA Training shall also be provided to new Supervisory employees 

and Human Resources employees, whether by hire or promotion after 

the entry of this Decree, within thirty (30) days of the start of their 

duties. 

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c. Following the initial mandatory training, Defendant shall annually 

send refresher ADA training materials to all Supervisory employees 

and maintain the training materials on its website for the term of this 

Decree. All Human Resources employees, however, shall receive 

mandatory annual training for the duration of this Decree. 

Defendant shall provide the United States with a copy of the proposed 

training and will discuss in good faith any changes proposed by the United 

States and will adopt any such changes necessary to comply with the ADA. 

Defendant shall maintain records of completion of training reflecting the 

date of the trainings and the names of all employees who attend the training, 

along with their job titles.

Within thirty (30) days of the effective date of this Decree, Defendant shall 

submit to the Department for approval, which shall not be unreasonably 

withheld, the identity of the trainer it seeks to use, including the individual’s 

Curriculum Vitae. The trainer shall be knowledgeable about Title I of the 

ADA. 

15. Six (6) months after the effective date of this Decree, and every six (6) 

months thereafter during the term of this Decree, the Defendant shall 

provide a written report (“Report”) to the Department regarding its efforts to 

comply with this Decree. The Report shall include, for the preceding sixmonth period: 

a. A specific acknowledgment that the Defendant has, for the instant 

reporting period, complied with the requirements of the Decree, 

including the training requirements, specified in paragraphs 9 –14 

above;

b. All copies of the on-line training records maintained for the trainings 

described in paragraph 14 above; and

c. Notification regarding any lawsuit, written complaint, charge, or 

grievance alleging that the Defendant has failed to accommodate an 

employee who may need reassignment to a vacant position as 

described in paragraph 10 of this Decree. 

All information provided pursuant to the above reporting requirements under 

this Decree should be provided to the Department via overnight courier 

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service to: Rebecca B. Bond, Chief, Disability Rights Section, DJ No. 205-

37-48, Civil Rights Division, U.S. Department of Justice, 1425 New York 

Avenue, N.W., Fourth Floor, Washington, D.C. 20005. 

IV. Specific Remedial Relief for Allissa Weber 

16. Within thirty (30) days of the effective date of this Consent Decree, the 

Defendant shall offer to Ms. Weber: 

a. A total monetary award of $156,674.37, which includes: 

i. A monetary award in the gross amount of $68,042.47. This 

monetary amount shall be subject to any applicable federal, 

state, and local taxes, in addition to other payroll tax 

withholding deductions, and the Defendant shall issue an IRS 

Form W-2 to Ms. Weber for this amount. 

ii. A monetary award of $7,028.14, which will be designated as 

accumulated interest on the back pay. This amount shall not be 

subject to withholding deductions, and the Defendant shall 

issue an IRS Form 1099-INT to Ms. Weber for this amount. 

iii. A monetary award of $1,603.76, which will be designated as 

reimbursement for out of pocket medical expenses. This 

amount shall not be subject to withholding deductions. 

iv. A monetary award of $80,000, which will be designated as 

compensatory damages. This amount shall not be subject to 

withholding deductions, and the Defendant shall issue an IRS 

Form 1099-INT to Ms. Weber for this amount. 

b. Adjustment of Ms. Weber’s retirement date, with all associated rights 

and benefits, to reflect no lost time during her unpaid leave period 

from 2010-2012. 

17. Within forty-five (45) days of the effective date of this Decree, the 

Defendant shall send to Ms. Weber a copy of this signed Consent Decree, 

along with a letter and Release of Claims Form (attached as Exhibits 1 and 2 

respectively). In order to accept the relief offered by the Defendant, Ms. 

Weber must execute and return the Release of Claims Form (Exhibit 2) to 

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the Defendant within thirty (30) days of her receipt of the Defendant’s letter 

(Exhibit 1). 

18. The Defendant shall send the United States a copy of Exhibits 1 and 2 when 

they are sent to Ms. Weber. 

19. If Ms. Weber accepts the Defendant’s relief offer outlined in paragraph 16 

above, the Defendant shall pay the monetary sum within fifteen (15) days of 

receipt of her signed Release of Claims Form. 

 

V. Additional Individual Relief 

20. Within thirty (30) days of the effective date of this Consent Decree, the 

Defendant shall offer to pay Ms. Connie Thacker a total monetary award of 

$58,445.47, which includes: 

a. A monetary award in the gross amount of $56,566.26. This monetary 

amount shall be subject to any applicable federal, state, and local 

taxes, in addition to other payroll tax withholding deductions, and the 

Defendant shall issue an IRS Form W-2 to Ms. Thacker for this 

amount. 

b. A monetary award of $1,879.21, which will be designated as 

accumulated interest on the back pay. This amount shall not be 

subject to withholding deductions, and the Defendant shall issue an 

IRS Form 1099-INT to Ms. Thacker for this amount. 

21. Within forty-five (45) days of the effective date of this Decree, the 

Defendant shall send to Ms. Thacker a copy of this signed Consent Decree, 

along with a letter and Release of Claims Form (attached as Exhibits 1 and 2 

respectively). In order to accept the relief offered by the Defendant, Ms. 

Thacker must execute and return the Release of Claims Form (Exhibit 2) to 

the Defendant within thirty (30) days of her receipt of the Defendant’s letter 

(Exhibit 1). 

22. The Defendant shall send the United States a copy of Exhibits 1 and 2 when 

they are sent to Ms. Thacker. 

23. If Ms. Thacker accepts the Defendant’s relief offer outlined in paragraph 20 

above, the Defendant shall pay the monetary sum within fifteen (15) days of 

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receipt of her signed Release of Claims Form. 

VI. Implementation and Enforcement 

24. Failure by the United States to enforce any provision of this Consent Decree 

shall not be construed as a waiver of the United States’ right to enforce any 

provisions of this Decree. 

25. If any term of this Consent Decree is determined by any court to be 

unenforceable, the other terms of this Consent Decree shall nonetheless 

remain in full force and effect. 

26. The United States may review compliance with this Consent Decree at any 

time. If the United States believes that this Consent Decree or any portion of 

it has been violated, it will raise its concerns with the Defendant and the 

parties will attempt to resolve those concerns in good faith. The United 

States will give the Defendant thirty (30) days from the date it notifies the 

Defendant of any breach of this Consent Decree to cure that breach before 

filing a motion for contempt or taking any other enforcement action. 

27. With regard to any of the deadlines specified in this Consent Decree, if a 

party cannot meet the deadline specified, that party shall notify the other 

party at least ten (10) business days before the deadline, of the party’s 

inability to meet the deadline and the reason(s) why, and shall request an 

extension of time to a specific date. The other party shall be reasonable in 

agreeing to extend deadlines and agree to a reasonable amount of time for 

the extension. 

28. This Consent Decree shall be binding upon the Defendant, its agents, and 

employees. 

29. A signatory to this document in a representative capacity for Defendant 

represents that he or she is authorized to bind the Defendant to this Consent 

Decree. 

30. This Consent Decree constitutes the entire agreement between the United 

States and the Defendant on the matters raised herein and no other statement, 

promise, or agreement, either written or oral, made by any party or agents of 

any party, that is not contained in this written Consent Decree, including its 

attachments, shall be enforceable. 

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31. This Consent Decree is not intended to remedy any other potential violations 

of the ADA or any other law that is not specifically addressed in this 

Consent Decree. 

32. This Consent Decree does not affect the Defendant’s continuing 

responsibility to comply with all aspects of the ADA. 

33. A copy of this Consent Decree or any information contained herein may be 

made available to any person, and the Defendant shall provide a copy of this 

Consent Decree to any person upon request. 

34. The parties agree that as of the date of entry of this Consent Decree, 

litigation is not “reasonably foreseeable” concerning the matters described in 

paragraphs 1 – 3. To the extent that either party previously implemented a 

litigation hold to preserve documents, electronically stored information, or 

things related to the matters described in paragraphs 1 – 3, the party is no 

longer required to maintain such a litigation hold. Nothing in this paragraph 

relieves either party of any other obligations imposed by this Consent 

Decree. 

35. The effective date of this Consent Decree is the date the Court enters the 

Decree. 

36. The duration of this Consent Decree will be three (3) years from the 

effective date. 

IT IS SO ORDERED. 

 s/ Bernard A. Friedman 

 Bernard A. Friedman 

 United States District Judge 

Dated: August 3, 2015 

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AGREED AND CONSENTED TO: 

s/ David Masson 

David Masson, 

Legal Counsel for University of 

Michigan 

July 21, 2015 

Date 

 

Vanita Gupta 

Principal Deputy 

Assistant Attorney General. 

Eve L. Hill 

Deputy Assistant Attorney General 

Civil Rights Division 

s/ Rachel M. Smith 

Rebecca B. Bond, Chief 

Sheila M. Foran, Special Legal 

Counsel 

Amanda Maisels, Deputy Chief 

Rachel M. Smith, Trial Attorney 

Disability Rights Section 

Civil Rights Division 

U.S. Department of Justice 

950 Pennsylvania Avenue, N.W. 

Washington, D.C. 20530 

(202) 305-1613 

Jennifer Gorland 

Acting United States Attorney 

Eastern District of Michigan 

s/ Susan K. DeClercq 

Susan K. DeClercq 

Assistant U.S. Attorney 

Chief, Civil Rights Unit 

July 22, 2015 

Date 

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Exhibit 1

BY OVERNIGHT MAIL

[Name] 

[Address] 

Re: Weber v. University of Michigan 

Civil Action No. [ ] 

EEOC Charge # 471-2010-02601 

Dear __________: 

The United States Department of Justice and the University of Michigan 

(“the University”) have entered into a Consent Decree to resolve the charge you 

filed in this matter. A copy of the Consent Decree is enclosed. 

Under the Consent Decree, the University is offering you a payment of $ 

________ . In order to accept the University offer, you must sign and notarize the 

enclosed Release of Claims Form and return it to the University within thirty (30) 

days of your receipt of this letter. You may return the forms by mail to: 

David Masson 

Office of the Vice President and General Counsel 

5010 Fleming Administration Building 

503 Thompson Street 

Ann Arbor, Michigan 48109-1340 

(734) 764-0304 

The remedial relief is offered to you on the following condition: if you 

accept it, you will be required to release the University from all claims you may 

have against it, arising out of EEOC Charge # 471-2010-02601 and Civil Action 

No. [ ] filed in the Federal District Court for the Eastern District of Michigan. 

Within fifteen (15) days of the University’s receipt of your executed Release of 

Claims Form, the University will forward you a check in the amount of $ [ ]. 

If you have any questions concerning this letter or the Consent Decree, you 

may contact me at ____________ or you may contact Rachel M. Smith at the 

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Department of Justice at (202) 305-1613. 

Sincerely, 

XXXXXXXXX 

Enclosure: Copy of Executed Consent Decree 

Release of Claims Form 

cc: Rachel M. Smith, U.S. Department of Justice 

 Susan K. DeClercq, U.S. Attorney’s Office 

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Exhibit 2 

RELEASE OF CLAIMS FORM 

Weber v. University of Michigan 

Civil Action No. [ ] 

EEOC Charge # 471-2010-02601 

For and in consideration of the remedial relief made by the University of 

Michigan, (“the University”) under the provisions of the Consent Decree entered 

into by, and between, the United States and the University, I, _________________, 

hereby release and forever discharge the University, and its current, past, and 

future officials, employees, agents, successors, assigns, and administrators, of and 

from any legal and equitable claims, actions, causes of action, suits, controversies, 

damages, and demands whatsoever that I had, now have, or hereafter may have 

arising out of Civil Action No. [ ] filed in the United States District Court for the 

Eastern District of Michigan and EEOC Charge No. 471-2010-02601. 

This Release constitutes the entire agreement between me and the University 

without exception or exclusion. This Release will be considered null and void in 

the event that the University fails to offer the relief provided for in Paragraph __ of 

the Consent Decree within fifteen (15) days of receipt of this executed Release. 

I have read this Release and understand the contents thereof and I execute 

this Release of my own free act and deed. I also acknowledge that a copy of the 

Consent Decree has been made available to me. 

Signed this ______ day of _______________, 2015. 

_______________________ 

 [NAME] 

Sworn and subscribed to before me this _____ day of ______________, 2015 

____________________ 

Notary Public My commission expires: _______________ 

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