$1M For Failing to Provide Accommodations and Terminating Employees Who Request Leaves of Absence

Didlake, Inc., which provides janitorial and maintenance employees to federal worksites in Virginia, Maryland and D.C., will pay $1,017,500 to settle a lawsuit brought by the U.S. Equal Employment Opportunity Commission (“EEOC”). In its lawsuit, the EEOC alleged that Didlake violated the Americans with Disabilities Act (“ADA”) when it: (1) failed to provide reasonable accommodations to employees, including sign language interpreters for deaf and hard of hearing employees, and (2) had a policy to terminate employees, instead of engaging in the interactive process, when the employee requested a medical leave of absence but did not qualify for leave under the Family and Medical Leave Act (“FMLA”).

The $1M+ payment includes monetary relief to: (1) two employees and the estate of a third employee, (2) claimants who are current and former deaf or hard of hearing employees who were denied communications accommodations, and (3) claimants who are former employees who were terminated because they required medical leave but were not eligible for FMLA. In addition, Didlake must update its policies, including adding policies relating to reasonable accommodations and leaves of absence; provide ADA training to management; and inform all employees on how to request accommodations.

What would a respectful workplace have done?

The number of disability charges, including for failure to accommodate, filed with the EEOC have been increasing for years. In FY 2023, they made up 36% of all EEOC charges. To avoid becoming one of these statistics, ensure that your managers and human resources personnel understand – and follow – the rules when it comes to reasonable accommodations. Respectful workplaces avoid these types of charges by: (1) creating policies and procedures that encourage employees to request accommodations when needed and explain how to do so, (2) following the interactive process, and (3) ensuring employees are not retaliated against for requesting or using an accommodation. Respectful workplaces make sure the environment welcomes accommodation requests, not punishes them, and provide reasonable accommodations when there is no undue hardship.

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