DoDEA Class Action
Settlement Agreement Approved by EEOC
On June 5, 2024, the EEOC granted final approval to the Settlement Agreement in the DoDEA class action. Under the Settlement Agreement, DoDEA will pay up to $7,713,000 to pay Class Member claims, attorney fees, and all costs associated with the administration of the settlement. DoDEA is required to issue a Proof of Claim and Release form to be completed by Class Members seeking relief. We will provide updates and additional information on this webpage as the settlement award process moves forward.
Settlement Reached in DoDEA Class Action
Class Action Claims
The Class alleged that from March 11, 2002, through December 31, 2009, the Agency used a Request for Reasonable Accommodation Form that contained a mandatory general release of medical information that was overly broad, in violation the Rehabilitation Act.
The Settlement Agreement provides resolution of that class action, including monetary relief to Class Members who were allegedly harmed by this alleged violation.
Settlement Agreement
After years of litigation, in full settlement of all Class Members’ claims, the Agency has agreed to commit up to $7,713,000 to pay all claims to members of the Class, agreed upon attorney’s fees, and all costs associated with the administration of the settlement.
Click here to see the Settlement Agreement.
Click here to see the Distribution Formula.
Who Is Eligible for a Settlement Award?
Every Class Member may submit a claim for a Settlement Award.
A Class Member is a current or former employee of DoDEA, who, between March 11, 2002, and December 31, 2009:
(1) requested a reasonable accommodation for a disability and were required to complete the Reasonable Accommodation Request Form;
(2) because of the medical records release requirements of the Reasonable Accommodation Request Form, did not request a reasonable accommodation for a disability; –or–
(3) requested a reasonable accommodation for a disability but refused to complete the Reasonable Accommodation Request Form as presented and did not receive the requested reasonable accommodation.
How Are the Shares of the Settlement Fund Determined?
There is a Distribution Formula that considers different factors in determining a Class Member’s share of the Settlement fund.
Click here to see the Distribution Formula.
Under the Distribution Formula, the monetary value of an individual Class Member’s Settlement award cannot be determined until after claims are submitted and the formula is applied.
2015: EEOC Certifies the Class
On September 9, 2015, the EEOC’s Office of Federal Operations granted certification of a class complaint involving employees at the Department of Defense Education Activity. The Class action complaint alleges that the DoDEA Request for Reasonable Accommodation Form, in use from 2002 until approximately 2009, sought excessive personal medical information from every employee seeking a reasonable accommodation, in violation of the Rehabilitation Act. As every DoDEA employee requesting a reasonable accommodation was required to complete the Form, the Class includes every current and former DoDEA employee during the time period 2002 to 2009 who had to complete or completed the Form.
Background
Class Agent Regina McKiernan filed an individual EEO complaint in May 2008. Ms. McKiernan had objected to completing the Agency’s Request for Reasonable Accommodation Form due to the Form’s requirement that excessive personal medical information and an overly broad release of medical records be provided. During discovery in her case, Ms. McKiernan uncovered information that the Agency had implemented world-wide, mandatory use of the Request for Reasonable Accommodation Form, which she alleges violates the Rehabilitation Act. In 2009, after discovering this information, Ms. McKiernan notified the Commission and the Agency that she wished to convert her individual complaint regarding the Form to a class complaint.
On July 9, 2010, the EEOC Administrative Judge issued a Denial of Class Certification. An appeal was filed with the EEOC Office of Federal Operations. On September 9, 2015, the EEOC OFO issued an order reversing the AJ’s decision and certifying the Class.
How to Contact Class Counsel
Email Class Counsel at DoDEAclassaction@katorparks.com
