Youth Center says it didn't violate worker's rights

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The Youth Crisis Center admitted a resident violently assaulted a former youth worker, but denied it violated the Americans with Disabilities Act when she wanted to go back to work, according to federal court records.

The resident attacked Jessica Rodgers and caused serious injury to her cervical spine on July 4, 2005, nearly six months after she started working at the center, according to her complaint filed Jan. 27 and the center's response filed Tuesday in U.S. District Court in Cheyenne.

In its response filed by attorney Eric Nelson of Brown, Drew & Massey, the center denied it told Rodgers the position was no longer available, denied that her employment was terminated in violation of the ADA, denied that the center did not find a way to accommodate her with her disabilities, and denied that she has suffered economic and noneconomic damages.

Rodgers sought medical care, filed a Workers' Compensation claim, and received neck fusion surgery in May 2006, according to the complaint filed by her attorney Roger Schumate of the firm Murane & Bostwick.

The Youth Crisis Center disagrees with most of the rest of Rodgers' claims:

- According to her complaint, she received a full release from her physician allowing her to return to work full time in April 2007. But her position was no longer available, which constituted an illegal termination under ADA.

- The center violated the ADA when it tracked Rodgers' workers' compensation benefits and placed that documentation in her personnel file in retaliation for her filing the workers' compensation claim, according to her complaint.

- Rodgers has not been able to find work since and has suffered economic damages, emotional distress, loss of employment opportunities and attorneys fees, according to the complaint.

The Youth Crisis Center also responded that Rodgers is barred for a number of legal reasons, and her personal situation does not warrant the lawsuit.

"Plaintiff is not disabled and therefore not entitled to the relief sought under the ADA.

"Plaintiff's claim is barred because she was terminated for legitimate, nondiscriminatory reasons," according to the response.

The nonprofit Youth Crisis Center, located at 915 S. McKinley St., provides emergency and foster care for troubled youth. It is licensed by the Wyoming Department of Family Services and receives funding from the DFS, the Natrona County Commission, the city of Casper, and the United Way of Natrona County.

Reach Tom Morton at (307) 266-0592, or at tom.morton@trib.com.

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