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.

The Arc of California Statement on EEOC Lawsuit against Local Placer County Chapter

Sacramento, CA – In response to the news that the U.S. Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against Placer ARC over allegations from 2008 that the organization did not provide a certified American Sign Language interpreter for a deaf employee, The Arc of California released the following statement:

“Chapters of The Arc are committed to our shared mission of promoting and protecting the human rights of people with intellectual and developmental disabilities and supporting their full inclusion and participation in the community.  In the course of their operations, they must comply with all applicable laws and regulations, including those applicable to employment practices.

“Through their programs, supports, and services, Placer ARC is making a difference in the lives of the people it serves.  While disputes with current or former employees may arise with any nonprofit or for-profit business organization, we hope that this matter dating back to 2008 can be resolved quickly and fairly for all involved.

“As Placer ARC’s executive director, Barbara Guenther, has publicly stated, Placer ARC is committed to adhering to all laws and regulations in regard to their employment practices as well as services for the people they serve,” said Tony Anderson, Executive Director of The Arc of California.

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.