Lane v. Kitzhaber Certified as a Class Action
On August 6, 2012, Judge Janice Stewart certified Lane v. Kitzhaber, the supported employment case brought by DRO, as a class action. While the original case was filed with eight named individuals and United Cerebral Palsy of Washington/Oregon, the judge's order means that the lawsuit now covers “all individuals in Oregon with intellectual or developmental disabilities who are in, or who have been referred to, sheltered workshops” and “who are qualified for supported employment services.”
The court found that it was appropriate to have this case treated as a class action because the actions complained of could be be resolved “in one stroke” with an appropriate injunction applicable to all class members.
As outlined in the complaint, the plaintiffs seek an order that would require the defendants to “administer, fund and operate its employment services system in a manner that does not relegate persons with [I/DD] to segregated workshops and which includes supported employment services that allow persons with disabilities the opportunity to work in integrated settings.”
That does not mean that defendants must provide a community job to every qualified individual who wants one, but only that it must “provide supported employment services to all qualified class members, consistent with their individual needs.”
The case will now proceed through the discovery process -- and the experience of every class member in seeking supported employment is part of the evidence in this case.
Because a class has now been certified, any settlement that is reached in the case will affect everyone in Oregon who is a class member -- and any settlement must be reviewed by the court and can only be implemented if the court finds that it is a fair and adequate resolution of the issues in the case.
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