Overview
Cohen Milstein and Kator, Parks, Weiser & Wright are representing overseas contractors who were removed from their positions during or after April 2020, when the Department of Defense deemed those over the age of 65 unfit for duty because of the risk of COVID-19.
The complaint alleges that U.S. Central Command discriminated on the bases of disability and age when it updated its fitness qualification standards for civilian personnel on overseas bases in April 2020. According to the updated standard, anyone over the age of 65 was no longer “Fit for Duty” because of the “direct threat presented by COVID-19.” The complaint alleges the updated standard violated the Age Discrimination in Employment Act and the Rehabilitation Act by automatically terminating anyone age 65 or older from their overseas assignment without conducting an individual inquiry into their health.
Plaintiffs seeks lost pay, money damages, and other relief on behalf of all civilian personnel who were removed pursuant to the updated qualification standard.
Important Rulings
- On February 4, 2025, the EEOC ordered the DOD to show cause by February 20, 2025 of why it should not impose sanctions on the agency for failing to comply with EEOC instructions.
- On September 26, 2024, the EEOC denied DOD’s request for reconsideration of its February 15, 2023 class certification.
- On February 15, 2023, the EEOC certified the class action.
More Information
If you believe you may be eligible to participate in this case, please visit U.S. Department of Defense Overseas Contractor Litigation to sign up for more information.
This matter is being litigated by Joseph M. Sellers (admitted in DC) and Alisa Tiwari (admitted in DC) of Cohen Milstein Sellers & Toll PLLC, as well as Michael Kator (admitted in DC, MD, and TX), Jeremy D. Wright (admitted in DC and TX), and David Weiser (admitted in DC and TX) of Kator, Parks, Weiser & Wright, PLLC.
Case Name: Schildgen v. Hegseth, EEOC No. 570-2025-00473X, Agency No. 2020-CONF-070