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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.

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.