RES 1989-50 - 00004212RESOLUTION N0, so - 1989
' RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONCILIATION AGREEMENT WITH THE HUMAN RIGHTS DEPARTMENT
OF THE STATE OF MINNESOTA IN THE MATTER OF CAROLYN
DREYER
WHEREAS, Carolyn Dreyer, an employee of the City of Fridley, has filed a
complaint with the Minnesota Department of Human Rights alleging certain
discriminatory practices against her on the part of the City of Fridley; and
WHEREAS, the City of Fridley, while not admitting any act of discrimination or
any violation of Minnesota Statutes, has in good faith entered into conciliation
in the matter of the above mentioned complaint under the auspices of the
Minnesota Human Rights Department; and
WHEREAS, all parties concerned have agreed upon the attached Conciliation
Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, that
William W. Burns, City Manager, is authorized to execute the attached
Conciliation Agreement on behalf of the City of Fridley.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 5TH DAY OF
JUNE. 1989
ATTEST:
a 2r
SHIRLEY A./F. - TY CLERK
WILLIAM J. NE MAYOR
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BEFORE THE HUMAN RIGHTS DEPARTMENT
OF THE STATE OF MINNESOTA
- - - - - - - - - - - - - - - - - - - - -
In the Matter of,
Carolyn Dreyer
Charging Party,
VS.
City of Fridley
Respondent
- - - - - - - - - - - - - - - - - - - - -
CONCILIATION AGREEMENT
Case No. E17050- MG /RSDP5-lOC
A charge having been filed by Carolyn Dreyer (herein called the Charging
Party), under Minnesota Statutes, Chapter 363, as amended, against City of
Fridley (herein called the Respondent), with the Minnesota Department of Human
Rights (herein called the Department), probable cause having been found by
Stephen W. Cooper, Commissioner of the Department, to credit the allegation of
an unfair discriminatory practice, and the matter having been conciliated, the
signators (parties) below agree to settle and do resolve this matter as follows:
1. This Agreement does not constitute an admission by the Respondent of
a violation of Minnesota Statutes, Chapter 363, as amended, or of any laws of
the United States or regulations issued thereunder by any federal agency and is
entered into voluntarily.
2. The Respondent agrees that all recruiting, hiring, employment
benefits, employment terms and conditions, and dismissals shall be maintained
and conducted in a manner which does not discriminate on the basis of race,
creed, color, religion, national origin, sex, marital status, status with regard
to public assistance, disability, or age in violation of Minnesota Statutes,
Chapter 363, as amended.
FW
LWJ
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Page 2 - Conciliation Agreement (Continued)
' 3. The Charging Party and the Department hereby waive, release, and
covenant not to sue the Respondent with respect to any matters which were filed
with the Department by the Charging Party subject to performance by the
Respondent of the promises and representations contained herein.
4. This Agreement is a final decision of the Department, is enforceable
in the district courts of Minnesota pursuant to Minnesota Statutes 363.091, and
settles all matters contained in the above - entitled charge of discrimination.
5. Pursuant to Minnesota Statutes 363.031, this Agreement does not
purport to waive claims arising out of acts or practices which occur after the
execution of this waiver and release. This Agreement constitutes full
settlement of a charge filed with the Department, and is valid and final upon
' execution and cannot be rescinded by the Charging Party after it is signed.
6. The Respondent agrees to pay the Charging Party lost back wages
including:
A. $304.59 for the difference between the wage at which she
returned to work in 1987 and the wage she should have made in
1987; and
B. $572.60 for the cost of living increase for 1988; and
C. $228.51 for the cost of living increase from January 1, 1989
through March 25, 1989; and
D. The cost of living increase from March 26, 1989 to the date
upon which the Respondent signs this agreement.
7. The Respondent agrees to give the Charging Party future cost of living
increases for the time she remains employed with the Respondent and performs the
' essential duties of her position with reasonable accomodation.
Page 3 - Conciliation Agreement (Continued)
8. The Department agrees not to issue a press release revealing the terms
of this agreement.
9. The parties to this agreement agree that the dissemination of the
terms of this agreement will be governed by the Minnesota Government Data
Practices Act. The Department and the Charging Party will not initiate contact
with persons not parties to this agreement for purposes of disseminating the
terms of the agreement but will respond to any requests for legal information.
10. The Respondent agrees to institute the attached policy regarding the
provision of reasonable accomodation to qualified disabled persons.
' Date Charging Party - Carolyn Dreyer
Date Respondent - William W. Burns
City Manager
Date
Stephen W. Cooper, Commissioner
..,
:'
RELEASE
' Carolyn Dreyer hereby releases and discharges the City of Fridley
from additional claims, demands, actions and causes of action,
damages, costs or expenses arising out of the events which gave rise
to the above - captioned charge of employment discrimination.
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It is further agreed that this Release expresses a full and complete
settlement from the liability claimed and denied, and regardless of adequacy of
the compensation, is intended to avoid litigation and that there is absolutely
no agreement on the part of the City of Fridley to make any payment or to do any
act or thing other than is herein expressly stated and clearly agreed to do; and
said Release is not intended and is not to be construed as an admission of
liability on the part of the City of Fridley.
IN TESTIMONY WHEREOF, the undersigned has hereunto set her hand this
day of , 1989
Carolyn Dreyer
STATE OF MINNESOTA )
as.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
, 1989 by Carolyn Dreyer.
HERRICK & NEWMAN
Suite 205
6401 University Avenue Northeast
Fridley, MN 55432
REASONABLE ACCOMMODATION POLICY
' The City of Fridley is an employer of more than 50 full -time permanent employees
and is therefore subject to Minnesota Statutes 363.03, subdivision 1(6). This
provision states that an employer with 50 or more permanent full -time employees
must provide reasonable accommodation to the known disabilities of employees or
applicants for positions unless the provision of reasonable accommodation would
impose an undue hardship on the business, agency or organization. Examples of
reasonable accommodation may include but are not limited to the following;
making facilities readily accessible to and usable by disabled persons; job
restructuring; modified work schedules; reduction of hours worked, acquisition
or modification of equipment or devices, providing aides on a temporary or
periodic basis.
In determining whether or not the requested accommodation would impose an undue
hardship on the business, the employer must consider the following factors:
overall size of the department or employment subdivision of the City; number of
facilities; number of employees necessary at each facility; the nature and cost
of the needed accommodation; the reasonable ability to finance the accommodation
at one worksite or more than one worksite where the City employs persons; and,
finally, documented good faith efforts to explore less restrictive or less
expensive alternatives including consultation with the disabled person or with
other knowledgeable disabled persons or organizations.
Accommodating the person on the job that he /she was performing at the time of
the injury or disabling condition, whether work - related or non - work - related,
must be considered prior to recommending placement for that person in a limited
duty assignment if the limited duty assignment is at a lower wage than the
person's regular position.
WI