• Skip to primary navigation
  • Skip to main content

HRMorning

  • FREE RESOURCES
  • PREMIUM CONTENT
  • HR DEEP DIVES
  • PODCASTS
    • VOICES OF HR
    • WOMEN’S LEADERSHIP TODAY
  • LOGIN
  • SIGN UP FREE
  • Employment Law
  • Benefits
  • Recruiting
  • HR Technology
  • Payroll
  • Management
  • Women’s Leadership
  • More
    • Talent Management
    • Performance Management
    • Leadership & Strategy
    • Compensation
    • Policy & Procedures
    • Wellness
    • Staff Departure
    • HR Career & Self-Care
    • Health Care
    • Retirement Plans
  • Employment Law

EEOC Suit Ends With $1M Payout: Don’t Make This Mistake

Tom D'Agostino
By: Tom D'Agostino
  • Share on

About the Author

Tom D’Agostino is an attorney and legal editor who has more than 30 years of experience writing about employment law, disability law and education law trends. He earned his B.A. degree from Ramapo College of New Jersey and his J.D. from the Duquesne University School of Law. D’Agostino, who is a member of the Pennsylvania bar, is a past member of the American Bar Association’s Section of Individual Rights and Responsibilities and the Pennsylvania Bar Association’s Legal Services to Persons with Disabilities Committee. He has provided technical assistance in the production of segments for television’s ABC World News and 20/20, and he has been quoted in periodicals including USA Today. He is also a past contributing author of Legal Rights of Persons with Disabilities: An Analysis of Federal Law, which is a comprehensive two-volume treatise addressing the legal rights of people with disabilities. Tom is passionate about baseball and authentic Italian food. When not writing, he enjoys spending time with family.

Show Less
Last Updated: July 12, 2024
4 minute engagement
EEOC Settles Race Bias Case for $8.7 Million

An EEOC suit filed against a government contractor has ended with an agreement that calls for the contractor to pay more than $1 million and take other steps to resolve charges that it discriminated against employees with disabilities in violation of the Americans with Disabilities Act (ADA).

The target of the EEOC suit was Didlake, Inc., which provides janitorial and maintenance employees to federal worksites in the District of Columbia, Maryland and Virginia. Didlake is a nonprofit organization that employs a large number of employees with disabilities.

Despite its experience with that group, Didlake allegedly engaged in multiple missteps with respect to its treatment of its employees.

EEOC Suit Makes Separate Allegations

First, the EEOC suit said Didlake did not provide adequate communication-related accommodations to employees with deaf and hard-of-hearing employees.

Second, the agency accused the employer of terminating employees who asked for medical leave but did not qualify for leave under the FMLA. The problem with that approach is that an employee may be eligible for leave under the ADA even if they are not eligible for leave under the FMLA.

To end the EEOC suit, the employer agreed to pay $1,017,500 and take other steps. The EEOC said monetary relief will go to two employees and the estate of a third individual. Additional monetary relief will be provided to employees who were denied communications-related accommodations and former employees who were let go because they needed medical leave but were not eligible for FMLA leave.

Didlake also agreed to update and supplement policies regarding leave and reasonable accommodation; provide ADA training to its managers; and tell its employees how to ask for reasonable accommodation.

EEOC Suit Highlights Important Distinction

This EEOC suit highlights a very important point regarding the provision of leave: The legal requirements relating to leave are not the same under the ADA as they are under the FMLA.

“Employers need to remember that the ADA and the FMLA have different requirements for when an employer must provide medical leave,” Mindy E. Weinstein, director of the EEOC’s Washington Field Office said when the EEOC suit was filed. “An employee may be entitled to leave under the ADA even if they are not eligible under the FMLA.” 

More specifically, an employee is entitled to FMLA leave for their own health issue if they have a “serious health condition” and have worked for their employer for at least 12 months and worked at least 1,250 hours in the preceding 12 months.

A serious health condition can be shown in a few different ways.

An overnight stay in a medical facility qualifies. So does any period of incapacity that lasts more than three straight calendar days, as long as it required at least two in-person visits within 30 days of the first day of incapacity. The first visit must take place within seven days of the first day of incapacity.

It’s also a serious health condition if a period of incapacity lasts more than three days and there is 1) at least one in-person visit within seven days, and 2) the visit results in a regimen of continuing treatment.

Remember: ADA Is Much Different

That’s a lot different than what qualifies an individual for entitlement to leave under the ADA.

To be entitled to ADA leave, an employee must have a disability, which is defined as a mental or physical impairment that substantially limits at least one major life activity.

Under the ADA, there is no minimum service time requirement. Nor is there any requirement for an overnight stay or even continuing treatment. It’s a very different eligibility test, and one to be aware of.

The ADA also has a built-in limitation on the duty to provide leave that is absent from the FMLA: namely, under the ADA, an employer need not provide a period of leave that causes it to endure an undue hardship.

Another important thing to keep in mind: Additional leave may need to be provided under the ADA even after FMLA leave has expired — if providing the additional leave does not produce an undue hardship for the employer.

It’s hard to overstate the point: With respect to the requirements relating to the provision of leave, the ADA and FMLA are very different animals – and HR pros must be clear on the differences.

Need a refresher on the FMLA’s overall requirements? Here’s a great in-depth look at the FMLA’s rules and requirements.

Ready for a deeper dive into reasonable accommodation under the ADA? Here’s a good resource on the ADA’s reasonable accommodation requirements.

Filed under
  • Employment Law
  • Share on

Get the HRMorning Newsletter

With HRMorning arriving in your inbox, you will never miss critical stories on labor laws, benefits, retention and onboarding strategies.

  • This field is for validation purposes and should be left unchanged.
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form
  • This field is hidden when viewing the form

Free Training & Resources

Webinars

Is Your PWFA Program Ready for What Comes Next?

Provided by AbsenceSoft

White Papers

Are Your ADA and PWFA Processes Putting You at Risk?

Provided by AbsenceSoft

EBOOK, White Papers

Engage or Bust:  The Brutal Reality for Self-Funded Employers

Provided by Personify Health

White Papers

The Business Case for Maven Clinic

Provided by Maven Clinic

SPONSORED CONTENT

HR Technology

sponsored content
The Best AI Software for HR Automation

Courtesy of G-P

Talent Management

sponsored content
Powerful Employee Retention Strategies for 2025: How to Keep Your Best People

Courtesy of PEOPLEGURU

Benefits

Health Care

Wellness

sponsored content
Proven Results: 5 Ways Teladoc Health Chronic Condition Management Transforms HR Outcomes

Courtesy of TELADOC HEALTH

Further Reading

  • Employment Law
Supreme Court Ruling Makes It Easier for Employees to Revive Dismissed Lawsuits

A recent ruling from the U.S. Supreme Court makes it easier for employees to revive a dismissed lawsuit in some situations. It’s impo...

  • Employment Law
What does the new NLRB ruling on severance agreements mean for employers?

Building on a growing trend, a new NLRB ruling restricts the ability of employers to include confidentiality and non-disparagement clauses ...

  • Employment Law
New EEOC Report: Agency Secured $660M for Workers in FY 2025

In FY 2025, the EEOC secured $660 million for workers who reported employment discrimination – and most of that money was recovered befor...

  • Employment Law
$10 Million Judgment Highlights Risks of Worker Misclassification

Heads up, HR pros: Misclassifying workers as independent contractors when they are really employees can end up being an expensive mistake. ...

  • Employment Law
New wave of FLSA lawsuits gain steam: 3 cases to watch

When you hear “FLSA lawsuits,” you probably think about wage-and-hour disputes and overtime violations. But we’ve spotted...

  • Employment Law
Is this a racially derogatory nickname? Black worker says ‘yes’

What’s solid evidence of race bias, and what’s not? In this lawsuit, a Black worker claimed that the use of the nickname “Sly,” tog...

Get the latest from HRMorning in your inbox PLUS immediately access 10 FREE HR guides.

I WANT MY FREE GUIDES
HR Morning Logo
  • Facebook
  • Linked In
  • ABOUT HRMORNING
  • ADVERTISE WITH US
  • WRITE FOR US
  • CONTACT
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • Performance Management
  • HR Technology
  • Leadership & Strategy
  • Compensation
  • Policy & Procedures
  • Wellness
  • Staff Departure
  • HR Career & Self-Care
  • Health Care
  • Retirement Plans
  • DEI

HRMorning, part of the Rover Insights Network, provides the latest HR and employment law news for HR professionals in the trenches of small-to-medium-sized businesses. Rather than simply regurgitating the day's headlines, HRMorning delivers actionable insights, helping HR execs understand what HR trends mean to their business.

Powered By Rover Insights
Privacy Policy | Terms of Service
Copyright© 2026 Rover Insights
HRMorning Logo

WELCOME BACK!

Enter your username and password below to log in

Forget Your Username or Password?

Reset Password

Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.

Log In

Why do we need your credit card for a free trial?

We ask for your credit card to allow your subscription to continue should you decide to keep your membership beyond the free trial period.  This prevents any interruption of content access.

Your card will not be charged at any point during your 21 day free trial
and you may cancel at any time during your free trial.

During your free trial, you can cancel at any time with a single click on your “Account” page.  It’s that easy.