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Former worker sues TCAP for discrimination

Claims she was terminated because of age, disability

WARREN — A longtime employee of the Trumbull Community Action Program (TCAP) has filed a federal lawsuit alleging she was wrongfully terminated because of her age and disability.

Debra Hensley, 64, of Niles, claims she was repeatedly pressured to retire and ultimately was fired after failing to pass a certification test she says was unfairly administered, given her learning disabilities.

The lawsuit, filed in the U.S. District Court for the Northern District of Ohio, accuses TCAP of violating both state and federal laws, including the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA).

Hensley, who worked in the organization’s kitchen for more than 23 years, is seeking at least $200,000 in damages, as well as reinstatement to her position.

According to the complaint, Hensley’s supervisor repeatedly asked her when she planned to retire during the final year of her employment. Hensley, who has lived with significant learning disabilities her entire life, responded that she enjoyed her job and wished to continue working.

In late 2022, TCAP required Hensley to pass a written SafeServ certification test, a requirement she alleges was not consistently enforced for younger employees. Despite multiple attempts, Hensley was unable to pass the test because of her disability, which she says was well-known to her employer. Each attempt cost her $100.

The lawsuit claims that a younger coworker who also failed the test was allowed to keep their job, while Hensley was terminated on Jan. 3, 2023.

“This case is about fairness and accountability,” said Hensley’s attorney, Irene K. Makridis. “Ms. Hensley dedicated over two decades to this organization, only to be pushed out because of her age and disability. She deserves justice.”

Hensley filed charges of discrimination with the Ohio Civil Rights Commission (OCRC) and the Equal Employment Opportunity Commission (EEOC) in June 2023. She received her right-to-sue notices from both agencies earlier this year, paving the way for the federal lawsuit.

The complaint outlines four counts against TCAP: disability discrimination under Ohio law, violation of the ADA, age discrimination under Ohio law, and violation of the ADEA. Hensley is seeking back pay, compensatory damages, attorney fees, and reinstatement to her position with reasonable accommodations for her disability.

TCAP, a nonprofit organization providing services to low-income residents in Trumbull County, has not yet publicly commented on the lawsuit.

Hensley’s case highlights ongoing challenges faced by older workers and individuals with disabilities in the workplace. According to the EEOC, age discrimination claims have risen in recent years, with older workers often facing pressure to retire or being unfairly targeted in workforce reductions.

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