FOR IMMEDIATE RELEASE:
January 5, 2023
Contact:
Tom Bastian: Tbastian@aclu-mo.org
Tina Pinedo: tpinedo@dredf.org
St. Louis – The ACLU of Missouri and the Disability Rights Education and Defense Fund (DREDF) issued a formal demand to immediately end the discriminatory practice of misclassifying custodial workers with disabilities at the Twenty-Second Judicial Circuit Court of Missouri and to make retroactive payments to ensure workers with disabilities have access to the same benefits that all employees are entitled under Missouri’s Unemployment Insurance program. The letter was sent to City of St. Louis elected leaders, presiding circuit court judges, and the custodial contractor, Challenge Unlimited.
For nearly five years, Challenge Unlimited has operated under a $4.4 million contract in violation of federal and state law. By categorizing workers with disabilities as “clients” rather than “employees,” Challenge Unlimited denies these workers unemployment insurance coverage that they are entitled to receive. At least one disabled worker has been denied unemployment insurance benefits after he lost his job with Challenge Unlimited.
“All of the custodial workers are responsible for the same duties under the same expectations with the only difference being the benefits available which is based on how the company unlawfully misclassifies employees to avoid paying entitled fringe benefits,” said Anthony Rothert, Director of Integrated Advocacy for the ACLU of Missouri. “Whether it is government, private business, or somewhere in-between, the act of misclassifying employees based on disabilities is amoral and illegal according to both state and federal law and the responsibility to remedy the harm lies with the business, the courts, and, ultimately, the city.”
Unemployment insurance coverage is a core privilege and benefit of employment and a central feature of the social safety net. During the pandemic, unemployment insurance benefits emerged as a key support that prevented hunger, poverty, and homelessness for countless workers. Eligibility for this benefit cannot be denied based on a disability.
“The Americans with Disabilities Act and Missouri state law are clear that employers may not discriminate on the basis of disability in any compensation or benefit – including unemployment insurance – provided for employees,” said Claudia Center, DREDF’s Legal Director.
The letter demands that City and Court leaders take immediate action to ensure workers with disabilities at the courthouse are covered by unemployment insurance on an equal basis, and that retroactive payments are made into the unemployment insurance system to make all workers whole.