Settlement Reached in DoDEA Class Action

Class Action Settlement Information Sessions are taking place on April 9-11, 2024.
Please see below for information on how to attend one of the Information Sessions. 

–No action is required at this time.–

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?

If the Settlement Agreement is approved by the EEOC, 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.

What Do I Need to Do and What is My Deadline?

There is no action required until after the EEOC grants final approval of the Settlement Agreement. If the Settlement Agreement is approved and you can submit a claim, you will receive a written notice with the Claim Form, instructions, and a clear indication of your deadline.

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.

How Can I Learn More About the Settlement?

Class Counsel will hold Settlement Information Sessions at the following times:

Tuesday, April 9, 2024 at 8:00 PM Eastern time

Wednesday, April 10, 2024 at 1:00 PM Eastern time

Thursday, April 11, 2024 at 7:00 AM Eastern time

To Join any of these Settlement Information Sessions, please use this link:

OR Call 301-715-8592 and use Passcode 87417927967#

You can use the Zoom online login link above or the phone number to access the Settlement Information Sessions. At the Settlement Information Sessions, Class Counsel will discuss the details of the Settlement and the Distribution Formula, answer common questions, and describe the processing of the Settlement.

What if I have Questions That Are Not Answered During the Information Sessions?

You can contact Class Counsel at or at 202-898-4800.

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.


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.

Next Steps 

Potential Class members will be receiving Notices from the Agency detailing the background of the case and your legal rights.  If you are a class member, you are not required to do anything at this time in order to remain a part of the class.

You can provide Class Counsel with additional information about you and your situation by filling out the Class Member Questionnaire (click here).

How to Contact Class Counsel

For more information or questions, please fill out the Class Member Questionnaire by clicking here.