All,

 

If you were on the OPRA Members-Only Friday Update Call I briefly mentioned this lawsuit filed by DRO earlier this week. As you can read in the description below, this case states a claim that Seneca Re-Ad, a sheltered workshop in Seneca County, is violating the Americans with Disabilities Act (ADA) by segregating individuals with disabilities and by discriminating wages and benefits between individuals with and without disabilities. Unlike DRO’s current ICF lawsuit, the claims are specific to three plaintiffs being served by Seneca Re-Ad. If this case is allowed to proceed in the court, it may create some interesting precedent in the state around sheltered work, sub-minimum wage, and specific sheltered work subcontracting set-ups.

 

In a previous lawsuit resolved in 2016 filed by DRO, DRO and three plaintiffs sued Seneca Re-Ad for paying sub-minimum wages and for not properly assessing the plaintiffs’ productivity. Some of the claims in the current case are similar to those made in the 2016, but there are some nuanced differences. The 2016 case was based on violations of the Fair Labor Standards Act while this case is based on proposed violations of the ADA. You can read about the 2016 ruling by a US Department of Labor Administrative Law Judge here.

 

We will continue to watch the progress of the case and keep the Membership updated.

 

Please let me know if you have any questions.

 

Happy Holidays!

 

Christine

 

Christine Touvelle

Policy Analyst

O- 614-224-6772

1152 Goodale Blvd.

Columbus, Ohio 43212

 

From: Disability Rights Ohio <info@disabilityrightsohio.ccsend.com> On Behalf Of Disability Rights Ohio
Sent: Tuesday, December 18, 2018 3:09 PM
Subject: Three Workers with Disabilities Sue Roppe Industries for Employment Discrimination

 

The National Federation of the Blind supports litigation brought by Brown, Goldstein & Levy, LLP, and Disability Rights Ohio

Logo of Disability Rights Ohio     Brown Goldstein and Levy logo  Logo of the National Federation of the Blind      

 

FOR IMMEDIATE RELEASE

 

Media Contacts:

 

Stacy Brannan-Smith

Communications Specialist

Disability Rights Ohio

800-282-9181, ext. 101 

Chris Danielsen

Director of Public Relations

National Federation of the Blind

410-659-9314, ext. 2330

 

Three Workers with Disabilities Previously Paid Subminimum Wages Sue Roppe Industries for Employment Discrimination

 

The National Federation of the Blind Supports Litigation Brought by Brown, Goldstein & Levy, LLP, and Disability Rights Ohio 

 

November 18, 2018

 

COLUMBUS, OHIO - Three long-time employees of Seneca Re-Ad, a workshop in Fostoria that acts as the Sampling Division for the manufacturer Roppe Corporation, are hoping to gain an equal chance to do their jobs and access the same advancement, pay and benefit opportunities as other Roppe workers. A lawsuit filed today in the Federal District Court for the Northern District of Ohio by Disability Rights Ohio (DRO) and the Baltimore law firm of Brown, Goldstein & Levy, LLP, with support from the National Federation of the Blind, alleges discrimination by Roppe and Seneca Re-Ad with assistance from the Seneca County Board of Developmental Disabilities.

 

The complaint outlines a number of ways in which Roppe Corporation, an internationally -known flooring manufacturer that reported sales of $72.7 million in 2017, publicly considers Seneca Re-Ad a critical part of its organization but fails to meet its equal employment responsibilities under the Americans with Disabilities Act (ADA). For instance, Roppe clients are often given tours of the organization's manufacturing facilities, with a stop at what it calls its Sampling Division - the Seneca Re-Ad facility where people with disabilities turn out more than 25 million merchandise samples each year. But these highly productive employees, including plaintiffs Pamela Steward, Mark Felton and Ralph (Joe) Magers, are not paid the prevailing wage offered to other Roppe employees, are denied robust cross-training and the chance to advance through the company and receive the same benefits, including health insurance, vacation time or retirement plans.

 

The lawsuit further alleges that Ms. Steward, Mr. Felton and Mr. Majors have been denied reasonable accommodations required by the ADA to do their jobs. Ms. Steward has asthma but is not regularly provided with a thirty-cent protective mask to prevent her from inhaling rubber dust, even though she has made weekly requests for one. Mr. Majors is blind and needs the floor tiles for the samples he assembles to be organized by color, but this is not done. Furthermore, he has been provided with only printed training materials, although he has repeatedly requested verbal and tactile training. Mr. Felton has Autism and needs regular breaks to avoid becoming overstimulated and to reorient himself, but he is denied these breaks or is disciplined for taking them.

 

"Roppe Corporation now has an opportunity to lead the way in the manufacturing sector by providing truly integrated employment for the people with disabilities they say they value," says Disability Rights Ohio Director of Advocacy Kerstin Sjoberg. "We hope Roppe will work with us to create something brand new that would be groundbreaking not only in the Seneca County community, but also in the state of Ohio."

 

"The work arrangement in which these three individuals and their coworkers are trapped is a textbook example of virtually everything that is wrong with the segregated model of employment for people with disabilities, which is based on low expectations and erroneous stereotypes," said Mark Riccobono, President of the National Federation of the Blind. "Roppe Corporation is missing an opportunity to be a model employer of people with disabilities. Instead, the company appears to be willing to exploit them for cheap labor, while both it and Seneca County officials shamelessly tout that exploitation as a public good."

 

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About Disability Rights Ohio: Disability Rights Ohio is the federally and state designated Protection and Advocacy System and Client Assistance Program for the state of Ohio. The mission of Disability Rights Ohio is to advocate for the human, civil and legal rights of people with disabilities in Ohio. Disability Rights Ohio provides legal advocacy and rights protection to a wide range of people with disabilities. disabilityrightsohio.org

 

About Brown, Goldstein & Levy, LLP: Brown, Goldstein & Levy is a 22-lawyer law firm based in Baltimore, Maryland, that handles cases of every stripe, both civil and criminal, including an active disability rights practice. browngold.com

 

About the National Federation of the Blind: 

The National Federation of the Blind (NFB), headquartered in Baltimore, is the oldest and largest nationwide organization of blind Americans. Founded in 1940, the NFB consists of affiliates, chapters, and divisions in the fifty states, Washington DC, and Puerto Rico. The NFB defends the rights of blind people of all ages and provides information and support to families with blind children, older Americans who are losing vision, and more. We believe in the hopes and dreams of blind people and work together to transform them into reality. Learn more about our many programs and initiatives at www.nfb.org.

 

 

Disability Rights Ohio, 200 Civic Center Drive, Suite 300, Columbus, OH 43215

 

 

Sent by sbrannan@disabilityrightsohio.org in collaboration with