Remote Work Role Not Justification For Failure To Accommodate Deaf Applicant, EEOC Charges


A cloud technology company is in hot water with the Equal Opportunity Commission (“EEOC”) for discriminating against a deaf applicant.

The EEOC sued Digital Arbitrage, Inc., doing business as Cloudbeds (“Cloudbeds”) an international, remote-first technology company, in U.S. District Court for the District of Massachusetts, charging it violated federal law by denying an applicant’s request for an accommodation in the interview process and by refusing to hire the applicant based on his disability. See, EEOC v. Digital Arbitrage, Inc. d/b/a Cloudbeds, Civil Action No. 1:23-cv-11856 (D. Mass., August 9, 2023).

According to the EEOC’s lawsuit, in January 2022, Peter St. John applied to work as a remote IT administrator at Cloudbeds, a position that involves providing internal IT assistance and support to Cloudbeds employees, and one for which St. John was well-qualified.

Upon review of St. John’s application, Cloudbeds advanced his candidacy to the interview stage. When St. John requested an accommodation based on his deafness and use of American Sign Language (ASL) to communicate, however, Cloudbeds simply denied his accommodation request and terminated his candidacy on the basis that verbal communication and hearing were job requirements for the position in a remote setting. Cloudbeds’ Chief Executive Officer (CEO) made the decision to deny St. John’s accommodation request based on his belief that due to the remote-first nature of the company, it would not extend an offer of employment for the position to a deaf candidate in any event.

The EEOC contends these actions violate the Americans with Disabilities Act (ADA), which requires employers engage with applicants to identify and provide reasonable accommodations and prohibits employers from discriminating against qualified applicants based on their disability.

The EEOC filed suit after first attempting to reach a pre-litigation settlement through its conciliation process. The EEOC seeks compensatory and punitive damages for the applicant and injunctive relief designed to remedy and prevent future disability discrimination.

“Companies are increasingly turning to remote work and are recruiting and hiring individuals remotely, said EEOC Regional Attorney Jeffrey Burstein. “The protections of the ADA apply with equal force to in-person and remote workplaces and their hiring processes.”

“The EEOC is committed to ensuring individuals who are deaf or hard of hearing enjoy equal employment opportunities in remote-first workplaces,” said Timothy Riera, acting director of the New York District Office. “This lawsuit seeks to vindicate the statutory rights of this applicant, who was denied the good faith interaction required by the ADA, as well as an employment opportunity on the basis of his deafness, and seeks to educate employers on the many available technologies that individuals who are deaf and hard of hearing utilize to effectively communicate via remote means.”

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Recognized by her peers as a Martindale-Hubble “AV-Preeminent” (Top 1%) and “Top Rated Lawyer” with special recognition LexisNexis® Martindale-Hubbell® as “LEGAL LEADER™ Texas Top Rated Lawyer” in Health Care Law and Labor and Employment Law; as among the “Best Lawyers In Dallas” for her work in the fields of “Labor & Employment,” “Tax: ERISA & Employee Benefits,” “Health Care” and “Business and Commercial Law” by D Magazine, Cynthia Marcotte Stamer is a practicing attorney board certified in labor and employment law by the Texas Board of Legal Specialization and management consultant, author, public policy advocate and lecturer widely known for 35+ years of health industry and other management work, public policy leadership and advocacy, coaching, teachings, and publications. As a significant part of her work, Ms. Stamer has worked extensively domestically and internationally with business, government and community leaders to prepare for and deal with pregnancy, disability and other discrimination, leave, health and safety, and other workforce, employee benefit, health care and other operations planning, preparedness and response for more than 35 years. As a part of this work, she regularly advises businesses and government leaders on an on-demand and ongoing basis about preparation of workforce, health care and other business and government policies and practices to deal with management in a wide range of contexts ranging from day to day operations, through times of change and in response to complaints, investigations and enforcement.

Author of a multitude of other highly regarded publications and presentations on MHPAEA and other and health and other benefits, workforce, compliance, workers’ compensation and occupational disease, business disaster and distress and many other topics, Ms. Stamer has worked with health plans, employers, insurers, government leaders and others on these and other health benefit, workforce and performance and other operational and tactical concerns throughout her adult life.

A former lead advisor to the Government of Bolivia on its pension privatization project, Ms. Stamer also has worked domestically and internationally as an advisor to business, community and government leaders on health, severance, disability, pension and other workforce, health care and other reform, as well as regularly advises and defends organizations about the design, administration and defense of their organization’s workforce, employee benefit and compensation, safety, discipline and other management practices and actions.

Board Certified in Labor and Employment Law By the Texas Board of Legal Specialization, Scribe for the ABA JCEB Annual Agency Meeting with OCR, Chair-Elect of the ABA TIPS Medicine and Law Committee, Chair of the ABA International Section Life Sciences Committee, and Past Group Chair and current Welfare Plan Committee Chair of the ABA RPTE Employee Benefits & Other Compensation Group, former Vice President and Executive Director of the North Texas Health Care Compliance Professionals Association, past Board President of Richardson Development Center (now Warren Center) for Children Early Childhood Intervention Agency, past North Texas United Way Long Range Planning Committee Member, and past Board Member and Compliance Chair of the National Kidney Foundation of North Texas, and a Fellow in the American College of Employee Benefit Counsel, the American Bar Foundation and the Texas Bar Foundation, Ms. Stamer also shares her extensive publications and thought leadership as well as leadership involvement in a broad range of other professional and civic organizations. For more information about Ms. Stamer or her health industry and other experience and involvements, see www.cynthiastamer.com or contact Ms. Stamer via telephone at (214) 452-8297 or via e-mail here. 

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This entry was posted on Monday, August 14th, 2023 at 2:20 PM and is filed under ADA, Corporate Compliance, Disability, Disability Discrimination, Employer, Employers, OFCCP. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.

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