A nonprofit employer will pay more than $1M to settle a retaliation lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC). The nonprofit provides janitorial and maintenance employees to federal sites in Virginia, Maryland, and the District of Columbia.
The EEOC alleged the nonprofit employer had a policy of terminating employees who requested medical leave but who did not qualify under the Family and Medical Leave Act (FMLA), as well as ADA accommodation violations.
The employer agreed to pay a total of $1,017,500 to two employees and to the estate of the third; to a group of claimants comprised of "current and former maintenance and janitorial employees who are deaf or hard of hearing and were denied communications accommodations"; and to a group of claimants comprised of "former employees who were terminated because they required medical leave but were not eligible for FMLA leave."
"Didlake, Inc. Pays More Than $1 Million in EEOC Disability Discrimination and Retaliation Lawsuit" www.eeoc.gov (Jul. 01, 2024).
Commentary and Checklist
FMLA applies to "all public agencies, education agencies, and private-sector employers who employ 50 or more employees in 20 or more workweeks in the current or preceding calendar year, including joint employers and successors of covered employers."
When employees request FMLA leave or attempt to assert other protected workplace rights, the request itself is protected under the law, and any retaliation against an employee, who may be ineligible, will create liability.
Nonprofit employers can review the U.S. Department of Labor's Fact Sheet #77b for additional information about the various prohibitions under the FMLA. https://www.dol.gov/agencies/whd/fact-sheets/77b-fmla-protections
Here are examples of prohibited, retaliatory actions to avoid:
- "Refusing to authorize FMLA leave for an eligible employee,
- Discouraging an employee from using FMLA leave,
- Manipulating an employee's work hours to avoid responsibilities under the FMLA,
- Using an employee's request for or use of FMLA leave as a negative factor in employment actions, such as hiring, promotions, or disciplinary actions, or,
- Counting FMLA leave under "no fault" attendance policies."
