EEOC Sues Digital Intelligence Systems for Disability Discrimination

HOUSTON - Digital Intelligence Systems, LLC, doing business as Dexian DISYS, a globally managed staffing and services company providing information technology staffing and consulting services, violated federal anti-discrimination law, the U.S. Equal Employment Opportunity Commission (EEOC) said in a new lawsuit announced today.

The EEOC charged that around May 2023, a DISYS recruiter pursued a qualified potential job candidate for an accounting analyst position for a DISYS client. When the recruiter learned the candidate was "hard of hearing" and required an accommodation for the interview, all recruiting efforts ceased. The recruiter did not respond to further inquiries by the candidate, including a query about whether or not the candidate was being discriminated against because of his disability.

"An employment recruiter cannot decide to stop pursuing a qualified job candidate because that candidate has a disability or requires an accommodation to interview," said Rayford Irvin, district director of the EEOC's Houston District Office. "Making an adverse employment decision because of a candidate's disability is impermissible discrimination which violates federal law."

Such alleged conduct violates the Americans with Disabilities Act (ADA), which prohibits employers and employment agencies from discriminating against job applicants because of their disabilities and from denying such individuals a reasonable accommodation, unless it would cause an undue hardship. The EEOC filed suit (U.S. EEOC v. Digital Intelligence Systems, LLC dba Dexian DISYS, Civil Action No. 4:25-cv-04589) in U.S. District Court for the Southern District of Texas, Houston Division, after first attempting to reach a pre-litigation settlement through its conciliation process.

EEOC Senior Trial Attorney Lloyd van Oostenrijk said, "Disability discrimination in recruiting and hiring interferes with job opportunities for qualified job candidates who have a disability. All candidates should be assessed fairly based on their qualifications regardless of whether they have a disability or need a reasonable accommodation to interview for the position. We encourage anyone who believes they have experienced such discrimination to file a charge with the EEOC."

In the lawsuit, the EEOC seeks back pay and instatement or front pay for the aggrieved candidate, plus compensatory and punitive damages in amounts to be determined at trial. In addition, the EEOC is seeking an injunction prohibiting DISYS from engaging in disability discrimination. The EEOC also seeks an order requiring DISYS to institute and carry out policies, practices, and programs which provide equal employment opportunities for qualified individuals with disabilities and eradicate the effects of the company's discriminatory employment practices.

For more information on disability discrimination, please visit https://www.eeoc.gov/disability-discrimination.

The EEOC's Houston District Office has jurisdiction over southeast Texas, as well as all of Louisiana.

The EEOC is the sole federal agency authorized to investigate and litigate against businesses and other private sector employers for violations of federal laws prohibiting employment discrimination. For public sector employers, the EEOC shares jurisdiction with the Department of Justice's Civil Rights Division; the EEOC is responsible for investigating charges against state and local government employers before referring them to DOJ for potential litigation. The EEOC also is responsible for coordinating the federal government's employment antidiscrimination effort. More information about the EEOC is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.