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FOR IMMEDIATE RELEASE
February 24, 2023
LYNEER STAFFING, LLC WILL PAY $119,400 TO SETTLE
AMERICANS WITH DISABILITIES ACT SUIT
Staffing Company Failed to Refer Applicant Because She is Deaf, Says EEOC
BALTIMORE – Lyneer Staffing, LLC, a leading national staffing agency, will provide American Sign Language (ASL) interpreters to deaf applicants, train its managers on reasonable accommodations, and pay $119,400 to settle an Americans with Disabilities (ADA) suit, the U.S. Equal Employment Opportunity Commission (EEOC) announced today.
According to the lawsuit, a deaf applicant sought a position working in a warehouse through Lyneer Staffing, LLC. Initially, Lyneer Staffing referred the applicant to the client-employer, and the client-employer accepted her as a worker and assigned her a start date. Before the applicant was to appear for work, a manager at Lyneer Staffing cancelled the assignment due to the applicant’s disability. A representative of Lyneer Staffing informed the applicant that she could not be placed in the position because the employer did not have ASL interpreters available, even though Lyneer Staffing’s client was in fact willing to employ the applicant.
The ADA prohibits discrimination based on disability and applies equally to employers and employment agencies that refer individuals for employment. The EEOC filed suit (EEOC v. Lyneer Staffing Solutions, LLC., Civil Action No. 22-cv-02454-ELH) in U.S. District Court for the District of Maryland, Baltimore Division, after first attempting to reach a pre-litigation settlement through its conciliation process.
In addition to the $119,400 in monetary relief to the deaf applicant, the two-year consent decree resolving the suit enjoins the company from disability-based discrimination. Lyneer Staffing will adopt a policy which requires it to furnish deaf applicants with ASL interpreters and will train its managers and supervisors on deaf communication, and the limitations of using written notes as a means of communication with deaf individuals. The company will also report to the EEOC on how it handles any disability discrimination complaints.
"We will take action when a hiring official chooses to believe that deafness alone negates all of an applicant's skills, abilities, and positive attributes," said EEOC Philadelphia District Director Jamie R. Williamson. "This is especially true when the discrimination comes from staffing agencies, as they play a significant role in referring persons for employment in the labor market."
EEOC Philadelphia Regional Attorney Debra M. Lawrence added, "The Philadelphia District prides itself on bringing cases involving hiring and placement. When applicants are completely shut out of a workplace due to discrimination, we will be there to provide a remedy."
The EEOC’s Baltimore Field Office is one of four offices in the EEOC Philadelphia District Office, which has jurisdiction over Pennsylvania, Maryland, Delaware, West Virginia, and parts of New Jersey, and Ohio. Attorneys in the EEOC Philadelphia District Office also prosecute discrimination cases in Washington, D.C. and parts of Virginia.
For more information on disability discrimination, please visit https://www.eeoc.gov/disability-discrimination.
The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.
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