Disabled RI Man Sues After Job Termination From Nonprofit That Helps People With Disabilities

Disabled RI Man Sues After Job Termination From Nonprofit That Helps People With Disabilities

A former employee of the Groden Center in Providence has filed a federal lawsuit alleging he was unfairly discriminated against when he returned from an injury he said he sustained on the job. 

In the nine-page complaint filed in U.S. District Court for Rhode Island, James Marshall states that suffering from muscular dystrophy, he is a "qualified individual with a disability."

The lawsuit alleges that after Marshall slipped and fell while working at a group home with the Groden Network, he was eventually fully cleared to return to his position by a doctor to return to his position. 

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However, Marshall claims that his hours were reduced, and his position at the nonprofit was ultimately “terminated.” 

According to Groden, it “supports individuals of all ages with autism, behavioral challenges and other developmental disabilities to lead productive, dignified and satisfying lives.” 

Groden did not respond to request for comment at time the of publication. The Groden Center is part of the Groden Network which is headed by Michael Pearis, the Chief Executive Officer.

 

Alleged Discrimination 

In his complaint, Marshall — who is being represented by attorney Lisa Holley — says he started working with the Groden Center in 2021 as a per diem support professional, before he was hired by Groden as a full-time residential behavior specialist. 

He said he received a “very positive” three-month performance summary in April of 2023, “routinely working 37.5 hour weeks” at a group home. 

On June 9, 2023, Marshall said he fell down a non-handicapped accessible stairway at the Groden Center group home located on Rome Avenue in Johnston, resulting in “significant injury to his hip.”

After months of treatment, Marshall says that he returned to work on “light duty” in January 2024 and was cleared by a physician to return to “full duty” in February 2024. 

According to the lawsuit, “Upon his return to full duty, [Marshall] was removed from his previous position at the Rome Group Home and was given another assignment for only 28 hours per week.”

“[Marshall] urged his manager, Babajide Renato, to place him back into his original location, shift, and work hours, but his manager refused, stating it was an issue of ‘the safety of every staff member and you as well,’” states the lawsuit. “[Marshall] is the father of five children and could not support his family on a part-time position.”

The lawsuit says that “at no time did the Groden Center offer to provide accommodations for Mr. Marshall's disability that would have allowed him to continue in the employ of Groden.”

He was informed his position was “terminated” on March 13, 2024. 

Marshall, who sought and was granted a “notice of right to sue” by the Equal Employment Opportunity Commission, is suing on two counts — “Denial of Reasonable Accommodation” in violation of the Americans With Disabilities Act and Discharge Due to Disability and/or Need for Accommodation."

Holley, when reached for comment, said that she does “not comment on pending litigation.”