July 31, 2012
Judge's Disability Case Against EEOC Revived
By TIM HULL
Courthouse News (CN)
The 9th Circuit revived a former administrative law judge's disability discrimination case against the Equal Employment Opportunity Commission.
Mary Bullock worked as an ALJ for the commission from 1999 to 2007. She has Multiple Sclerosis and Systemic Lupus.
She originally filed her complaint alleging disability discrimination and retaliation in 2003, to mixed results. A judge found that the EEOC had retaliated against her for making the charges, but that she was not qualified to bring them because she couldn't do her job with or without accommodation.
The judge awarded Bullock $25,000 in nonpecuniary damages, $108,680 in attorney's fees and $7,823.24 in costs.
Bullock then filed an optional administrative appeal with the EEOC, but soon withdrew it in favor of a federal lawsuit in San Diego. Presiding U.S. District Judge William Hayes dismissed the case, holding that Bullock had failed to wait the requisite 180 days to file her lawsuit after withdrawing her appeal, and thus had not yet exhausted her administrative remedies.
A three-judge panel of the federal appeals court reversed from Pasadena on Monday, clarifying the 180-day rule in cases where a plaintiff files suit after withdrawing an optional appeal with the EEOC.
"In sum, we hold that an aggrieved employee subject to the procedural rules of Title VII exhausts her administrative remedies by filing a formal complaint for adjudication by an ALJ," wrote Judge Judge William Fletcher for the unanimous, three-judge panel. "Once final agency action has been taken on her complaint, she has the option of either filing an administrative appeal or filing suit directly in federal district court within 90 days of receiving notice of the agency action. If the employee files an optional administrative appeal, she may withdraw that appeal and file suit in district court without waiting 180 days from the filing of the notice of appeal. The employee's lawsuit in district court may proceed even though the employee filed and then withdrew an administrative appeal. As Bullock filed suit within 90 days of receiving notice of final agency action on her complaint, we have no occasion to decide whether an employee's lawsuit could proceed if the employee prematurely withdrew from an administrative appeal and filed suit more than 90 days after receiving notice of final agency action on her complaint."
Showing posts with label disabilities. Show all posts
Showing posts with label disabilities. Show all posts
Wednesday, August 01, 2012
Wednesday, July 08, 2009
Lack of funds may cut disabled services after non-profit Central Valley Regional Center divvies up half a million dollars in bonuses among staff
Who are the beneficiaries of non-profits supposed to be? I'll bet the donors thought they were helping the disabled.
Disabled community questions pay bonuses during crisis
By GARANCE BURKE - Associated Press
July 7, 2009
FRESNO ---- Advocates for the developmentally disabled railed Tuesday against a California nonprofit's decision to pay its staff half a million dollars in taxpayer-funded bonuses even as the state's fiscal crisis threatens the services they manage.
The Fresno-based Central Valley Regional Center coordinates training and support for 230,000 people with mental disabilities through a contract with the state Department of Developmental Services.
Last week, center officials sent out $500,000 in state funds to its 350 employees. Executive Director Robert Riddick said giving an extra $1,400 to each staffer will help retain social workers as the recession worsens.
But Democratic Sen. Dean Florez and others said that money should have been spent to protect services essential to people with autism and cerebral palsy, or be returned to the state.
"We're not saying that their staff don't deserve raises ---- our staffers would love a raise, too," said Ron Killingsworth, who represents the Central Valley Caucus of the California Disability Services Association. "But to spend half a million dollars on employee bonuses when we're facing huge cuts to programs for the developmentally disabled? We just don't understand."
California contracts with 21 regional centers across the state that provide everything from job training to physical therapy to specialized education for developmentally disabled people.
But in February, when the Legislature failed to pass a plan to fix California's budget deficit, all regional centers were forced to trim 3 percent from their own budgets.
The governor's latest budget proposal forecasts an additional $234 million in cuts for the fiscal year that began Wednesday.
Because the Fresno nonprofit managed to lower its costs without affecting client care, board members voted in June to use the $500,000 left over in last year's operations budget to give staffers a one-time salary adjustment, Riddick said.
"The board knew full well that our clients were taken care of, so they turned to the future of our 350 employees and the increased health care costs they'll be facing," Riddick said. "Also, we don't have a severance package for people, and we know there are tough times ahead."
[Maura Larkins' comment: Then why didn't you come up with a severance package? Don't use that as an excuse to give money to employees who will be kept on.]
Still, company officials at Visalia-based Able Industries, which trains developmentally disabled people to work, said they feared the next wave of budget cuts could force them to scale back their direct services.
If that happens, relatives of people with developmental disabilities said the impact could be devastating.
"They're giving their employees bonuses at a time when the disability community doesn't know if they're going to have a safety net at the end of the week," said Chuck Genseal of Madera, whose 9-year-old granddaughter has autism, and learned to communicate through pictures because of behavioral services coordinated through the nonprofit. "They should have turned that money back to the state of California."
Disabled community questions pay bonuses during crisis
By GARANCE BURKE - Associated Press
July 7, 2009
FRESNO ---- Advocates for the developmentally disabled railed Tuesday against a California nonprofit's decision to pay its staff half a million dollars in taxpayer-funded bonuses even as the state's fiscal crisis threatens the services they manage.
The Fresno-based Central Valley Regional Center coordinates training and support for 230,000 people with mental disabilities through a contract with the state Department of Developmental Services.
Last week, center officials sent out $500,000 in state funds to its 350 employees. Executive Director Robert Riddick said giving an extra $1,400 to each staffer will help retain social workers as the recession worsens.
But Democratic Sen. Dean Florez and others said that money should have been spent to protect services essential to people with autism and cerebral palsy, or be returned to the state.
"We're not saying that their staff don't deserve raises ---- our staffers would love a raise, too," said Ron Killingsworth, who represents the Central Valley Caucus of the California Disability Services Association. "But to spend half a million dollars on employee bonuses when we're facing huge cuts to programs for the developmentally disabled? We just don't understand."
California contracts with 21 regional centers across the state that provide everything from job training to physical therapy to specialized education for developmentally disabled people.
But in February, when the Legislature failed to pass a plan to fix California's budget deficit, all regional centers were forced to trim 3 percent from their own budgets.
The governor's latest budget proposal forecasts an additional $234 million in cuts for the fiscal year that began Wednesday.
Because the Fresno nonprofit managed to lower its costs without affecting client care, board members voted in June to use the $500,000 left over in last year's operations budget to give staffers a one-time salary adjustment, Riddick said.
"The board knew full well that our clients were taken care of, so they turned to the future of our 350 employees and the increased health care costs they'll be facing," Riddick said. "Also, we don't have a severance package for people, and we know there are tough times ahead."
[Maura Larkins' comment: Then why didn't you come up with a severance package? Don't use that as an excuse to give money to employees who will be kept on.]
Still, company officials at Visalia-based Able Industries, which trains developmentally disabled people to work, said they feared the next wave of budget cuts could force them to scale back their direct services.
If that happens, relatives of people with developmental disabilities said the impact could be devastating.
"They're giving their employees bonuses at a time when the disability community doesn't know if they're going to have a safety net at the end of the week," said Chuck Genseal of Madera, whose 9-year-old granddaughter has autism, and learned to communicate through pictures because of behavioral services coordinated through the nonprofit. "They should have turned that money back to the state of California."
Friday, March 28, 2008
Quiz: Is this quote referring to bullying teachers or bullying students?
“People would make fun of the way I walked, the way I would talk,” she said. “Every little move I made, I was critiqued.”
Answer: These same words have been spoken many times about bullying teachers, but in this case, young people were the culprits.
Here's the story:
With help from friend, woman overcomes bullying
By Mike Celizic
TODAYShow.com
March. 21, 2008
Gabrielle Ford was 20 years old and hiding in her room, driven there by the abuse of vicious bullying she had suffered in school because of a degenerative neuromuscular disease. She asked her mother if she could have a dog, because she desperately needed a friend.
Ford not only got a faithful companion, she also got an entirely new and wonderful life.
Because of Izzy, the coonhound she got, Ford has become a highly sought-after speaker who travels the country in her wheelchair, talking to school assemblies and classes about ways to stop bullying.
Their story, as reported for TODAY on Friday by NBC’s Jenna Wolfe, is an extraordinary and heartwarming tale about shared love between human and canine. The bond the two share goes beyond the normal relationship of owner and pet.
When Izzy was just a year old, she was diagnosed with the canine equivalent of the Friedrich’s Ataxia that afflicts Ford.
“When she became sick, it was like she could, you know, relate with me,” Ford said. “I call Izzy my second life.”
In reality, it is more of a third life. The first chapter of Ford’s life was that of a normal girl growing up in Michigan who loved to dance. But as she hit her teens, she began having trouble with coordination, balance and speech. When she was 13, doctors diagnosed her with Friedrich’s Ataxia, a genetic, progressive condition that affects the central nervous system and erodes muscular control and speech.
Ford’s condition made her a target of bullies in school. “People would make fun of the way I walked, the way I would talk,” she said. “Every little move I made, I was critiqued.”
One boy took particular joy in picking on her. “He just tormented me every day,” she said. “He would just come by and punch me in the side.”
Her mother, Rhonda Hillman, suffered along with her daughter, watching the bright, outgoing girl she had known become withdrawn and depressed. When she graduated from high school, she retreated to her room, unwilling to come out and face a world that she felt had no use for her.
“I just didn't care anymore about anything,” Ford said. “I was really mean. I was angry to people. It was like I was wasting away.”
That’s when she decided she wanted a dog, and the droopy-faced, black-and-tan hound she named Izzy came into her life. Izzy provided immediate companionship and unconditional affection, but Ford’s life really began to change when the Animal Planet cable network picked up the story about the dog and the young woman who shared the same disease.
A teacher at a local school saw the piece, contacted Ford, who continues to live with her mother, and asked her if she would speak at a school assembly on bullying. Ford, who speaks from her wheelchair, was nervous about speaking in public, but agreed to do it.
She was so good, other schools started asking her to speak. Today, she does about one lecture a week, often bringing audiences to tears with her heartfelt testimony to the cruelty of bullying.
“I enjoy talking to the students at school,” she said. “And I like the feeling of being accepted.”
Ford, 28, can look forward to living many more years. But Izzy is defying the odds with every day of life. She’s still getting around at the age of 8, years after veterinarians said she should have been dead.
Ford is writing a book about her life. Entitled “Still Dancing,” it is scheduled for release next Christmas by the Christian publisher Zoe Life. A series of children’s books featuring Gabe and Izzy is also in the works.
“My life has gotten so much better,” because of Izzy, Ford said. “I've overcome my fears. I'm not embarrassed of what I look like anymore. And I deserve to live every day, just like everybody else.”
http://www.msnbc.msn.com/id/23742908/
Answer: These same words have been spoken many times about bullying teachers, but in this case, young people were the culprits.
Here's the story:
With help from friend, woman overcomes bullying
By Mike Celizic
TODAYShow.com
March. 21, 2008
Gabrielle Ford was 20 years old and hiding in her room, driven there by the abuse of vicious bullying she had suffered in school because of a degenerative neuromuscular disease. She asked her mother if she could have a dog, because she desperately needed a friend.
Ford not only got a faithful companion, she also got an entirely new and wonderful life.
Because of Izzy, the coonhound she got, Ford has become a highly sought-after speaker who travels the country in her wheelchair, talking to school assemblies and classes about ways to stop bullying.
Their story, as reported for TODAY on Friday by NBC’s Jenna Wolfe, is an extraordinary and heartwarming tale about shared love between human and canine. The bond the two share goes beyond the normal relationship of owner and pet.
When Izzy was just a year old, she was diagnosed with the canine equivalent of the Friedrich’s Ataxia that afflicts Ford.
“When she became sick, it was like she could, you know, relate with me,” Ford said. “I call Izzy my second life.”
In reality, it is more of a third life. The first chapter of Ford’s life was that of a normal girl growing up in Michigan who loved to dance. But as she hit her teens, she began having trouble with coordination, balance and speech. When she was 13, doctors diagnosed her with Friedrich’s Ataxia, a genetic, progressive condition that affects the central nervous system and erodes muscular control and speech.
Ford’s condition made her a target of bullies in school. “People would make fun of the way I walked, the way I would talk,” she said. “Every little move I made, I was critiqued.”
One boy took particular joy in picking on her. “He just tormented me every day,” she said. “He would just come by and punch me in the side.”
Her mother, Rhonda Hillman, suffered along with her daughter, watching the bright, outgoing girl she had known become withdrawn and depressed. When she graduated from high school, she retreated to her room, unwilling to come out and face a world that she felt had no use for her.
“I just didn't care anymore about anything,” Ford said. “I was really mean. I was angry to people. It was like I was wasting away.”
That’s when she decided she wanted a dog, and the droopy-faced, black-and-tan hound she named Izzy came into her life. Izzy provided immediate companionship and unconditional affection, but Ford’s life really began to change when the Animal Planet cable network picked up the story about the dog and the young woman who shared the same disease.
A teacher at a local school saw the piece, contacted Ford, who continues to live with her mother, and asked her if she would speak at a school assembly on bullying. Ford, who speaks from her wheelchair, was nervous about speaking in public, but agreed to do it.
She was so good, other schools started asking her to speak. Today, she does about one lecture a week, often bringing audiences to tears with her heartfelt testimony to the cruelty of bullying.
“I enjoy talking to the students at school,” she said. “And I like the feeling of being accepted.”
Ford, 28, can look forward to living many more years. But Izzy is defying the odds with every day of life. She’s still getting around at the age of 8, years after veterinarians said she should have been dead.
Ford is writing a book about her life. Entitled “Still Dancing,” it is scheduled for release next Christmas by the Christian publisher Zoe Life. A series of children’s books featuring Gabe and Izzy is also in the works.
“My life has gotten so much better,” because of Izzy, Ford said. “I've overcome my fears. I'm not embarrassed of what I look like anymore. And I deserve to live every day, just like everybody else.”
http://www.msnbc.msn.com/id/23742908/
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