Challenging Segregated Sheltered Workshops

Kathy Wilde, J.D.

This presentation will update both the pioneering Lane v. Kitzhaber case, challenging Oregon's reliance on sheltered workshops as a violation of the ADA, including the challenges, limitations, and potential relief available in a class action cases.

Lane v. Kitzhaber: Class Action Lawsuit Seeks an End to Segregated Sheltered Workshops - Resources

Advocates for individuals with intellectual and developmental disabilities filed a class action lawsuit in U.S. District Court on January 25, 2012 challenging Oregon's failure to provide supported employment services to more than 2,300 state residents who are segregated in sheltered workshops where they perform mundane tasks, such as folding UPS bags. The lawsuit charges state officials with violating the Americans with Disabilities Act and the Rehabilitation Act by confining individuals with disabilities to segregated settings where they have little -- if any -- interaction with non-disabled peers. Moreover, they are paid far below the state's minimum wage of $8.80 for doing rote tasks that offer no training, no skills, and no advancement.  

Lane v. Kitzhaber-Fact Sheet.pdf

Complaint

DOJ's Statement of Interest in Support of Plaintiffs'Motion for Class Certification Class Certification Decision

DOJ Complaint in Intervention (Word)

DOJ Memorandum in Support of Its Motion to Intervene (Word)

District Court decision denying motion brought by seven individuals with disabilities to decertify the class. (6/20/14)  

Link to brief presenter bio:

Kathy Wilde, J.D.