Page 6 - Work Force June 2019

CSEA takes on and wins against Justice Center ‘nightmare’
SCHENECTADY — Zarinah Muhammad endured a work nightmare that threatened her job, her career and her family.
Through personal strength and support from our union, she has finally found justice.
The outcome of Muhammad’s case has led to a major, important change to how certain disciplinary charges and Justice Center matters are handled against workers.
The nightmare began on Labor Day weekend 2014. Coming off a double shift as a direct support assistant
at a state Office for People With Developmental Disabilities (OPWDD) group home, Muhammad was looking forward to getting home to her kids.
On her way out, Muhammad’s supervisor pulled her aside and told her an individual had accused her of illegal activity and that she was being put out of work.
Subsequently, her name was also added to the Justice Center’s “Staff Exclusion List,” which would prevent Muhammad, potentially permanently,
from working with vulnerable people, even in other occupations such as nursing.
Muhammad went home, stunned and reeling from the accusation.
Dual, difficult paths
For workers without Justice Center oversight, it’s hard to imagine the level of power the entity holds over employees. Union members benefit from contracts outlining a process for discipline. However, if the Justice Center has oversight of your workplace (see sidebar), employees face dual paths to get back to work and clear their name.
First, the charges must be settled with the employer and then charges must be resolved with the Justice Center. Winning the case against your employer was no guarantee of a victory against the Justice Center.
Sadly, for direct-care workers like Muhammad, false accusations and unfounded disciplines are all too common.
“It happens here all the time,”
Capital District DDSO Local President Bill Loya said. “We’ve had numerous cases where individuals have told staff that they were going to run them out of the house.”
Employees said they feel they work in an upside-down world where guilt is the default mode, policies
are selectively enforced and the fear of discipline weighs heavy on the psyche.
OPWDD employees note they have also seen a shift in the individual population, mostly stemming
from “forensic” cases in which
the individuals who, in addition to a diagnosed developmental disability, are either in prison,
in a mental health facility or in need of transitional housing upon institutional release.
OPWDD group homes serve a wide range of individuals, some who are considered “high functioning,” as well
as others with severe developmental disabilities who need assistance with all aspects of living, from bathing, dressing, eating and walking.
The forensic population in group homes are “smarter and more street smart than any of the individuals we’ve worked with in the past,” Loya said.
Just how many Justice Center investigations are initiated by individuals in OPWDD is unknown, as the Justice Center did not reply to CSEA’s request for statistics on self-reported cases.
‘I was scared out of my mind’
Muhammad describes herself as
a “by the book” person who tried
to live up to the mission of OPWDD, which states “We help people with developmental disabilities live richer lives.”
Muhammad previously worked in a group home where she witnessed a skilled, caring house manager driven out by false accusations. A resident who disliked the manager’s adherence to house rules had boldly pronounced he was “coming after her,” and did.
The second time she was forced out of work on false charges, the house manager gave up and retired. “It’s not worth it,” the defeated woman told Muhammad.
Muhammad didn’t have that option. A single mom who has
four children and custody of her grandson, she was nervous when her accuser taunted her, ‘I’m gonna get rid of you.’
In early October 2014, Muhammad was visited by a Justice
Center investigator. She said that he was very aggressive, telling her ‘everything would be OK if she just admitted to the charges.’
“I’m not admitting anything, because I didn’t do anything,” she told him.
After that meeting, she turned to our union for help.
By the time the investigator returned, Muhammad had been counseled by Loya and knew her rights.
“I am working with my union and I will not speak with you,” she told the investigator. He never returned.
As she waited for the outcome of the case, Muhammad took care of
her kids and strung together three low-paying personal care jobs to keep finances afloat. She worried about her ability to provide for her children.
“I was scared out of my mind,” Muhammad said. “I was trying to become a [licensed practical nurse], but was afraid to spend the money in case the Justice Center kept me on the Staff Exclusion List.”
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“I’m not admitting anything, because I didn’t do anything.”
What is the Justice Center?
The Justice Center was created by Executive Law, Article 20 and Social Services Law, Article 11, to strengthen and standardize the safety net for people who, due to physical or cognitive disabilities or the need for services or placement are receiving care from a facility or provider that is operated, licensed or certified by:
• Office for People With Developmental Disabilities (OPWDD)
• Office of Mental Health (OMH)
• Office of Alcoholism and Substance Abuse Services (OASAS)
• Office of Children and Family Services (OCFS)
• Department of Health (DOH) (including many adult homes and summer camps)
• State Education Department (SED) (including residential schools and programs certified for SED)
The Justice Center is charged with investigating allegations
of abuse and neglect, including those that appear to be criminal in nature.
CSEA members who are the subject of a Justice Center report should contact our union for assistance.
6 The Work Force
June 2019