The Arc Reacts to Historic Verdict on Behalf of Workers with Intellectual Disabilities

Washington, DC – Earlier this week a Davenport, Iowa jury awarded damages totaling $240 million to 32 men with intellectual and developmental disabilities who worked for Henry’s Turkey Service in Atalissa for decades.  It was the largest verdict in the history of the U.S. Equal Employment Opportunity Commission (EEOC), which filed the case, for disability discrimination and unlawful harassment.  Just one day after hearing closing arguments, the jury agreed with the EEOC that Henry’s Turkey Service subjected the men to severe harassment and discrimination that warranted punitive and compensatory damages for each man.

“While this verdict is a victory for the workers who can feel triumph knowing that the abuse they faced did not go unpunished, it’s also a harsh reminder to the disability movement that we must continue to be vigilant in this modern era of progressive employment practices to guard against these kinds of atrocities.  The abuse of these men didn’t end decades ago – it was still going on as recently as 2009, and that is unacceptable.  I applaud the U.S. Equal Employment Opportunity Commission for their pursuit of justice for people with disabilities in the workplace and urge them to continue this important work. Individuals with disabilities have the right to work in a safe work environment free of exploitation, and this verdict sends a message that this kind of abuse will not be tolerated,” said Peter Berns, CEO of The Arc.

Last year, EEOC claimed that Henry’s Turkey Service violated the Americans with Disabilities Act (ADA) by paying 32 workers with intellectual disabilities severely substandard wages.  The company denied the workers their full wages by claiming a “credit” for substandard living conditions.  In September 2012, a district court judge ordered the company to pay its former employees a total of $1.3 million for jobs they performed at a turkey processing plant in West Liberty, Iowa between 2007 and 2009 for about 41 cents an hour.  Combining last year’s ruling and this week’s verdict, the total judgment in this case is $241.3 million.

Love is in the Air – Media Profiles People with Disabilities in Marriage and Parenting

Washington, DC – As we approach Valentine’s Day, today two major media outlets released heartwarming profiles of people with intellectual and developmental disabilities (I/DD) achieving their dreams – falling in love, getting married, and being a parent.

Today, the Washington Post released a lengthy profile of Bill Ott and Shelley Belgard, a couple from Maryland who were married in September after a long courtship.  Bill and Shelley met as teenagers, dated, and re-connected later in life.  Bill has Down syndrome and Shelley has hydrocephalus.  But no disability could keep them apart, and today, Bill and Shelley are married, living independently with supports, working in the community, and enjoying their lives together.

“Bill’s and Shelley’s path to marriage is not unlike many others who fall in love, lose touch as life takes its turns, and reconnect later in life when the time is right.  They have a love that is as true as anyone else’s, and with support from family and the community, they are living their dream.  The reality is not everyone has access to all the support and resources that Shelley and Bill have had, but when people with disabilities are given the tools they need to succeed, look at what is possible – a life like yours and mine,” said Peter Berns, CEO of The Arc.

NPR also ran an interview this morning with Bonnie and Myra Brown, a mother and daughter from Lansdowne, Pennsylvania.  Bonnie is a single mother raising 15 year old Myra, and Bonnie has an intellectual disability.  Myra is grateful for her mother’s love and guidance, and the interview with them is so moving that the radio host is heard choking up.

“Raising a child is a wonderful experience that comes with challenges for any parent.  Bonnie and Myra’s touching story is proof that people with intellectual and developmental disabilities can be successful parents when provided proper supports, and they should have the same right to parent as others do,” said Berns.

Unfortunately, there is a dark history of discrimination toward individuals with I/DD in our nation and around the world.  This includes the denial of rights and opportunities to have relationships, get married and have their own children.  Earlier this year, The National Council on Disability released a very telling report on the rights of parents who have disabilities.  Four million parents—6 percent of American mothers and fathers—have a disability.  The rate at which children are taken from parents who have intellectual and developmental disabilities is between 40% and 80%.  This report uncovers the heartbreaking reality for too many families across the country – parents with disabilities are treated unjustly when it comes to their rights as parents, and far too many families are broken apart by outdated and discriminatory practices.

Discrimination in the Workplace – Has It Happened to You?

The U.S. Equal Employment Opportunity Commission is taking up a troubling employer discrimination lawsuit. Jason O’Dell of Maryland applied for work as a lab technician through a major national employment agency. The opportunity seemed promising, but shortly after disclosing his Asperger’s diagnosis, the lawsuit states that Jason was told that the position was “on hold.” But the agency allegedly kept on recruiting to fill the job.

So the federal government stepped in and slapped a lawsuit against the firm, called Randstad. Since this is a huge, national employment agency, The Arc wants to know – has anyone out there had a similar experience with the company? We can’t allow discrimination like this to be tolerated.

Share your story with us in the comments, or email Kristen Bossi at bossi@thearc.org.

Have You Experienced Disability-Based Discrimination at a QuikTrip Facility?

Do you know anyone that may have experienced disability-based discrimination at a QuikTrip facility and wants to file a claim?

In early July, the U.S. Department of Justice filed a lawsuit against QuikTrip Corporation under Title III of the Americans with Disabilities Act (ADA), alleging that the company had discriminated against individuals with disabilities at QuikTrip gas stations, convenience stores, truck stops, and travel centers. The company owns and operates more than 550 such facilities throughout the Southeastern, Southwestern, Midwestern, and Southern regions of the United States.

A Consent Decree with the lawsuit, United States v. QuikTrip Corporation, was approved by the U.S. District Court for the District of Nebraska Court on July 19, 2010 establishing a $1.5 million fund to compensate individuals who experienced discrimination at QuikTrip.

Help spread the word about the fund’s existence to anyone who may have experienced disability-based discrimination at a QuikTrip facility and wants to file a claim. The time period for filing a claim is approximately 180 days from July 19, 2010.

Payment eligibility and the amount of any payment will be made by the U.S. Department of Justice after all claims have been received.

Please visit this link for more information.