Didlake’s Settlement With the EEOC Results in a $1M Fine

Nonprofit government contractor Didlake has reached a settlement with the EEOC after it was accused of discrimination against deaf employees. As per the agreement of the disability discrimination settlement, the company will have to pay $1,017,500 USD and provide programmatic relief. The lawsuit alleged that the company was in violation of the Americans with Disabilities Act (ADA), which required employers to provide reasonable accommodations for employees if it did not pose an undue hardship to them. The case was filed with the U.S. District Court for the District of Maryland after pre-litigation settlement negotiations were insufficient to resolve the issue. 

The EEOC decision on the discrimination case reflects their updated ADA guideline on accommodations for hearing disabilities—guidelines that all employers need to keep in mind.

Settlement Reached In Didlake Discrimination Lawsuit

According to the U.S. Equal Employment Opportunity Commission’s report covering the disability discrimination settlement, Didlake failed to provide accommodations for employees who were deaf and hard of hearing. The company could have provided reasonable communication accommodations such as hiring American Sign Language interpreters to help the employees do their jobs at the organization but they did not make such accommodations, preventing employees from being more active members of the workplace.

The EEOC’s discrimination case against Didlake also claimed that the company terminated employees who required medical leave but did not qualify for it under the Family and Medical Leave Act (FMLA). The Act allows eligible employees to take unpaid leave for “specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.” 

Even apart from the FMLA, under the ADA, medical leave is a reasonable accommodation that employers should be able to provide to employees as long as it doesn’t cause them undue hardship or does not turn out to be too great of an expense.

Resolution of the Disability Lawsuit Championed by the EEOC

Now, as part of the disability discrimination settlement, Didlake will have to pay $1,017,500 USD. The monetary relief will be paid out to two employees and to the estate of a third. The company will compensate two affected groups—the deaf and hard of hearing maintenance and janitorial employees, as well as the employees who were terminated for requiring medical leave. 

Apart from the settlement, Didlake will also have to update its policies on the reasonable accommodations they are willing to provide. Finally, the EEOC also expects the organization to train its management on the ADA and show its employees how to put in a request for accommodations. All of these are standard expectations from any organization but it’s especially important for a company that’s already in the business of working with individuals with disabilities.

The EEOC Has Set the Bar on Its Approach to Disability Discrimination at Work

Other than the recent EEOC discrimination case, Didlake has a good record of helping employees with disabilities find employment opportunities that suit their needs and interests. Among their many successes, this does appear to be a major misstep that they should be able to avoid in the future by referring to the ADA. The EEOC takes cases of ADA violations very seriously, for example, the $150,000 settlement it had charged UPS with, for allegedly failing to provide reasonable accommodation for an employee who required breaks to check their blood sugar levels. 

Similarly, in February, the EEOC pursued another disability lawsuit against McLane Northeast, a company that was accused of refusing to interview and hire a candidate after it found the employee was deaf.

The ADA protects the rights of employees who have the additional challenge of finding an employer that is willing to accommodate their disabilities so they can continue earning a living. The EEOC has guidelines in place for a range of employment-related considerations, from accommodating disabilities to preventing harassment among constructors. Regularly reviewing and adhering to these guidelines is in the best interest of all organizations. 

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