Janitorial Company Will Pay $750,000 to End EEOC Race Bias Suit

National custodial services provider Diversified Maintenance Systems LLC will pay $450,000 and adopt a targeted hiring plan to resolve EEOC allegations that it refused to hire black applicants for porter and custodian jobs in the Maryland, Washington, D.C., and Philadelphia region.

The settlement, which was approved Nov. 22 by the U.S. District Court for the District of Maryland, also requires Diversified to pay $300,000 for allegedly subjecting a black area manager to racial harassment and then demoting and ultimately firing him for complaining. The racial slurs and other abuse directed at Dana Fields included the N-word and the retaliation included an increased workload, the EEOC alleged in its July 2017 suit.

Diversified doesn’t admit to any of the Equal Employment Opportunity Commission allegations by agreeing to the pact and continues to deny them, the settlement says.

Fifteen black workers or their estates and heirs will share in the $450,000 portion of the settlement, according to the consent decree signed by Judge Paula Xinis.

The targeted hiring plan will include an electronic system for tracking all custodian applicants in the Maryland, Washington, and Philadelphia area for the 30-month term of the decree and will be overseen by an officer or other upper-level manager designated by Diversified. The electronic system will give applicants a chance to voluntarily self-identify their race.

Diversified also must maintain records of all worker race bias complaints, adopt a detailed anti-discrimination and retaliation policy, and provide employees with anti-bias training for the term of the decree.

EEOC attorneys in Baltimore represented the commission. Jackson Lewis P.C. represented Diversified.

The case is EEOC v. Diversified Maint. Sys., LLC, D. Md., No. 8:17-cv-01835, consent decree entered 11/22/19.