DPHHS Settles Disability Discrimination Case
The Department of Public Health and Human Services (DPHHS) and Livingston resident Geri Glass jointly announced today that they reached a settlement following a disability discrimination and retaliation complaint Glass filed against the department for herself and her infant son Gage.
The agreement requires the Child and Family Services Division (CFSD) of DPHHS to analyze all of its operations to ascertain possible instances of noncompliance with the equal opportunity and non-discrimination state policies. If there is any non-compliance issues discovered, they will be corrected with any means allowed by law. CFSD has nine months to complete the review.
The settlement also states CFSD staff must:
- Within one year, provide a minimum of three hours training to all CFSD staff on state non-discrimination policies and procedures, including instruction on the definition of and standards applicable to making reasonable accommodations to persons with disabilities.
- Not retaliate against Geri Glass or any other person for opposing an unlawful discriminatory practice, filing a discrimination complaint, testifying, assisting or participating in a discrimination investigation or proceeding.
An independent third party will monitor compliance with the affirmative relief aspects of the agreement. DPHHS policies, procedures and training materials pertinent to the required training will be furnished to the Montana Department of Labor and Industry Human Rights Bureau, for review and approval. The Human Rights Bureau will also approve the trainer and independent monitor.
DPHHS will pay a total of $330,000 to end the case. A special needs trust in the amount of $50,000 will be provided for Geri Glass, and DPHHS will contribute $100,000 for the current purchase of an annuity which will provide future payments to Gage Glass totaling $380,000 when it comes due in 21 years. The remainder of the $330,000 settlement is payment for Glass’ attorney fees and costs.
“We have agreed to this settlement and are prepared to take the necessary steps in order to comply with all the requirements outlined,” Director Joan Miles said. “We take the issue of discrimination very seriously and we intend to move forward in a positive direction. We look forward to the challenges ahead.”
“We’ve come a long way, Gage and I, to be home free. As mentioned in the news reports on the case, today he’s a ‘happy, patient and polite little guy…secure in his own world,’ but I’m still cautious after what we’ve been through,” said Geri Glass. “In deciding to settle, two things mattered. First, the way Child and Family Services looked at parents with disabilities, that had to change. What we went through should never happen again to anyone. The training, evaluation and monitoring are good steps, and I trust and hope that DPHHS can and will make progress. Finally, the fact that most of the money will be available for Gage when he is a young man, that was critical to me. It’s made something positive come out of a time that was very hard for us.”
Glass filed the complaint with the Human Rights Bureau in April 2005 stating DPHHS violated the Human Rights Act and Governmental Code and Fair Practices. A hearings officer for the Department of Labor & Industry (DLI) found in favor of Glass in December 2007.
A copy of the December 21, 2007 order issued by DLI can be found at http://erd.dli.mt.gov/humanright/decisions/finalorders/2007pdf/glassfoftsp.pdf
For more information call DPHHS public information officer Jon Ebelt at 406-444-0936 or Kevin Brown, Paoli & Brown, PC, Attorneys for Geri Glass at 406-222-4420.
Page last updated: 05/09/2008
