Consent Decree
Didlake, Inc. Pays Over $1 Million in EEOC Disability Discrimination and Retaliation Lawsuit
Background:
WASHINGTON – Didlake, Inc., a government contractor providing janitorial and maintenance services to federal worksites in Virginia, Maryland, and the District of Columbia, has agreed to pay $1,017,500 and implement significant programmatic changes to resolve a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC).
Allegations:
The EEOC's lawsuit against Didlake, Inc., a nonprofit organization known for employing a significant number of individuals with disabilities, charged that the company failed to provide necessary communication accommodations for its deaf and hard-of-hearing employees. Specifically, the lawsuit alleged that Didlake did not offer American Sign Language (ASL) interpreters and other communication aids, thereby hindering these employees' ability to effectively perform their job duties and engage in workplace activities. Moreover, the company maintained a policy of terminating employees who requested medical leave but did not qualify under the Family and Medical Leave Act (FMLA). This practice allegedly resulted in the wrongful termination of employees who needed medical leave as a reasonable accommodation for their disabilities.
The EEOC contended that Didlake's actions violated the Americans with Disabilities Act (ADA), which mandates that employers provide reasonable accommodations to employees with disabilities unless doing so would cause undue hardship. The failure to accommodate the communication needs of deaf and hard-of-hearing employees, coupled with the policy of firing those who required medical leave outside the FMLA provisions, led to the lawsuit (EEOC v. Didlake, Inc., Case No. 8:23-cv-2618) being filed in the U.S. District Court for the District of Maryland after unsuccessful attempts at pre-litigation settlement.
Settlement:
The five-year consent decree settling the lawsuit includes over $1 million in monetary relief. This settlement compensates two employees directly and the estate of a third individual. Additionally, two groups of claimants will receive compensation: current and former employees who are deaf or hard-of-hearing and were denied communication accommodations, and former employees terminated for needing medical leave without FMLA eligibility. Beyond financial compensation, Didlake, Inc. will revise and enhance its policies related to leave and reasonable accommodations. The company is also required to provide ADA training for management and educate all employees on the procedures for requesting reasonable accommodations.
Conclusion:
This settlement underscores the importance of providing effective accommodations for employees with disabilities and highlights the legal obligations of employers under the ADA. By agreeing to this consent decree, Didlake, Inc. commits to improving its practices and ensuring compliance with federal anti-discrimination laws.