[nfbmi-talk] Federal Court Approves : lane settlement

Terry D. Eagle terrydeagle at yahoo.com
Thu Dec 31 19:16:18 UTC 2015

Lane v. Brown Landmark Settlement Agreement Announced
December 30, 2015




Settlement Agreement Announced in Lane v. Brown
Employment Case


Contact Information:


Bob Joondeph
Disability Rights Oregon
(503) 243-2081


Steven Schwartz
Cathy Costanzo
Center for Public Representation
(413) 586-6024


Portland, Ore.
December 30, 2015


The U.S. District Court for the District of Oregon approved a settlement
agreement between the Justice Department, a class of private plaintiffs and
state of Oregon, which resolved the department's and the class plaintiffs'
claims against the state under the Americans with Disabilities Act (ADA).
agreement will impact approximately 7,000 Oregonians with intellectual and
developmental disabilities (I/DD) who can and want to work in typical
settings in the community.  The private plaintiffs were represented by the
Center for Public Representation, Disability Rights Oregon and the law firms
of Miller Nash Graham & Dunn LLP and Perkins Coie LLP.  The agreement
resolves a class action lawsuit by private plaintiffs in which the
department intervened.
 The parties' settlement agreement was approved by U.S. Magistrate Judge
Janice Stewart of the District of Oregon, who presided over the lawsuit.


The agreement calls for 1,115 people in sheltered workshops to receive jobs
in the community at competitive wages over the next seven years.  In
7,000 people will receive employment services that will afford them the
opportunity to work in the community, including at least 4,900 youth ages 14
24 years old, who are exiting school.  At least half of the youth served
will receive an Individual Plan of Employment, which sets forth the services
supports necessary to achieve competitive employment, from Oregon's
vocational rehabilitation system.


The Settlement Agreement, negotiated by state officials, the U. S.
Department of Justice and attorneys for individuals with developmental
stems from a class action lawsuit, Lane v. Brown, that charged Oregon with
violating the Americans with Disabilities Act, the Rehabilitation Act, and
U.S. Supreme Court's landmark decision in Olmstead v. L.C. by segregating
individuals with disabilities in settings where they have little to no
with non-disabled peers.


Lead plaintiff Paula Lane, who made a high of 66 cents an hour packaging
gloves on a sheltered workshop assembly line over a 12-month period in
recently started a community-based job that pays minimum wage.  She said her
new job is "good," and said, "I can make more money this way."


Executive Orders 15-01 and 13-04, the Oregon Department of Human Services'
(DHS) Integrated Employment Plan (Revised July 2015), the DHS Employment
Quality Assurance and Quality Improvement Plan, the DHS Employment First
Communication, Outreach, and Awareness Plan, the Oregon Office of
Disability Services' Training and Capacity Plan, and the Oregon Office of
Vocational Rehabilitation Services' (OVRS) Provider Transformation Grant
together represent a commitment by the State of Oregon to reform its
employment service system for individuals with I/DD. The Settlement
Agreement builds
upon these plans and commitments, and incorporates many of their provisions.


We at DRO as well as our co-counsel, The Center for Public Representation,
Miller Nash and Perkins Coie are very pleased for Oregonians with
and developmental disabilities who want to pursue greater independence and
self-sufficiency through gainful employment.  We look forward to working
with the State of Oregon to implement the provisions of the settlement.



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