Promoting, Dignity, Equality and Self-Determination
Washington Protection & Advocacy System
Home ׀
About WPAS ׀
News ׀
Self-Advocacy
׀ Public Policy
׀ Publications
׀ Contact
WPAS
E-Mail Updates
׀ Support WPAS
׀ Search
Class Action Lawsuit in California Challenges Low Wages for Personal Assistants in Community Settings
September 12, 2001
In California, people who perform Personal Assistance Services (PAS) in institutions are paid better wages than those who perform the same services in community settings. The Disability Rights Education and Defense Fund (DREDF) hopes to end this inequity. DREDF claims that the higher rates paid to workers in institutions contribute to a bias in California’s long term care system toward institutions rather than home and community settings.
DREDF has filed a lawsuit against various agencies of the state of California on behalf of persons with developmental disabilities. The lawsuit alleges that the state’s systematic under-funding of community services for persons with developmental disabilities leads to low wages and benefits for community workers. Consequently, adequate community-based services are in short supply or unavailable, thereby forcing institutionalization upon people who would be otherwise capable of living in the community. DREDF and their co-counsel, the Public Interest Law Center of Philadelphia, are hoping the state will be required to pay PAS workers a competitive wage substantially equal to the wages of their counterparts in state institutions.
On August 2, 2001, U.S. District Court Judge Claudia Wilken granted the Plaintiffs' motion for class certification in the case, which is known as Sanchez v. Johnson. This means that and DREDF and the Public Interest Law Center will be representing everyone within a certain "class." That class is defined as all persons with developmental disabilities in the state of California who are (or sometime in the future will be) capable of benefiting from community settings, but who are unnecessarily institutionalized (or at risk of institutionalization) because the wages and benefits of community-based direct care workers are insufficient to support or make available sufficient quality community-based services.
Earlier this year, there were discussions aimed at reaching a settlement in the case. Since May, however, no talks have been held, and it appears that no more will be scheduled. The parties are proceeding with pre-trial preparations.
● Back to Envoy Archives ● Back to Envoy Online ● Back to Home Page ●
