Randstad US, LP to Pay $60,000 to Settle EEOC Disability Bias Suit

Qualified Candidate Denied Hire Because of Asperger’s, Federal Agency Charged

BALTIMORE – A large nationwide employment referral and placement services company will pay $60,000 and furnish substantial injunctive relief to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

According to the EEOC’s suit (Civil Action No. 1:11-cv-01303-WDQ), filed in U.S. District Court for the District of Maryland, Randstad US, LP refused to hire Jason O’Dell, who applied for employment with Randstad's Frederick, Md.,branch,because of his disability, Asperger’s syndrome, an autism spectrum disorder. Based on his qualifications for the lab technician position he sought, Randstad had originally fast-tracked O’Dell’s participation in the hiring process. Soon after he disclosed the disability, however, O’Dell was told that the lab technician position had been put “on hold,” and he was not hired. Meanwhile,Randstad continued to recruit for the position.

Such alleged conduct violates the Americans With Disabilities Act (ADA), which makes it unlawful to discriminate against a qualified individual with a disability. The EEOC filed suit after first attempting to reach a pre-litigation settlement through its conciliation process.

In addition to the monetary relief of $60,000 to be paid to O’Dell, the consent decree settling the suit provides significant remedial relief. Randstad will:

create an active account for O’Dell on its Randstad University Online Training Center (RUOTC) and permit him to enroll in 10 classes, courses or other training of his choice, free of charge;
modify its anti-discrimination, harassment and reasonable accommodationpolicy statements andmake the new statements available to current and newly hired employeesnationwide;
provide two hours of on-site training to all internal employees working in the Frederick, Md., branch and amend its existing nationwide employment law compliance training for both current and newly hired employees; and
post a notice in all of its Maryland branches affirming its commitment to provide a workplace free of discriminationwhere personnel decisions will be made without regard to people’s disabilities or their need for a reasonable accommodation.

“Employers must make employment decisions based on the applicant’s ability to perform the duties of the job, not uninformed prejudices or irrational fears,” said EEOC Regional Attorney Debra M. Lawrence. “We brought this lawsuit because the underlying purpose of the ADA is to eliminate employment discrimination for people with disabilities who are qualified to do the job.”

According to its website, www.Randstadusa.com, Randstad is one of the industry's largest recruitment companies, with a nationwide network of nearly 350 branch locations in the United States.

The EEOC enforces federal laws prohibiting employment discrimination. Further information about the Commission is available on its web site at www.eeoc.gov.