Disability agency sued by its own disabled worker

DAILY MAIL STAFF

A Raleigh County man has filed a lawsuit against a nonprofit groupthat advocates for the rights of the handicapped, claiming the agencyremoved him from his job there because of his disability.

Frederick L. Ewing filed a lawsuit Monday in Kanawha CountyCircuit Court against the West Virginia Advocates, Inc., a non-profit group based in Charleston.

The organization, with the help of federal grant money, oftenhelps handicapped people get proper accommodations in theirworkplaces, and in schools and other public facilities.

The group received almost $1.5 million in government grants to doits work in 2006, according to Internal Revenue Service reports.

Ewing's attorney, Mark Jenkinson of Martinsburg, said Ewing, whois in his 40s, is a quadriplegic who worked for the nonprofit.

Ewing worked out of his home as an advocate for the group andcounseled clients - other disabled people - until September 2006.Ewing said in his lawsuit he was told the organization was adopting anew policy that didn't permit employees to work out of their homes.

Jenkinson said his client used to work at West Virginia Advocates'Charleston office but because of his disabilities found it easier towork out of his Beckley-area home.

Other employees working for the group had the same arrangement, hesaid.

Jenkinson said Ewing now is officially on unpaid leave, but theWeb site for West Virginia Advocates Inc. still lists him as a staffmember.

Clarice Hausch, director of West Virginia Advocates Inc., saidTuesday she was unaware of the lawsuit and could not discuss Ewing'ssituation.

"That is a personnel matter," Hausch said. "And it is confidentialinformation. So I cannot talk about it."

Jenkinson said of his client, "He tries to help others liveindependent lives. Now his employer is preventing him from living anindependent life.

"I was compelled by this case, because the irony is he works forWest Virginia Advocates, who protect the rights of the disabled,"Jenkinson said.

The lawsuit claims the nonprofit group has violated Ewing's rightsunder the Americans with Disabilities Act. It's the same legislationthe group attempts to enforce on behalf of its clients.

The lawsuit asks for Ewing to be reinstated to his job working outof his home, be awarded back pay and compensatory damages forhumiliation, embarrassment, emotional and mental distress and loss ofdignity.

It also asks for the payment of attorney's fees and costs"incurred in enforcing this rights under the Americans withDisabilities Act."

The complaint says, "West Virginia Advocates Inc. is an entitysubject to the anti-discrimination portions of the West VirginiaHuman Rights Act."

It says Ewing filed a complaint Oct. 25 with the state HumanRights Commission, which found no probable cause for his complaint.

But the lawsuit says the agency has continued to refuse toaccommodate Ewing in part because he filed the complaint.

Contact writer Cheryl Caswell at cherylc@dailymail.com or 348-4832.