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Judge Certifies Day Care Workers' Lawsuit

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Case ID: 4539 | Employment | 11/18/2005

A judge has certified a lawsuit as a class action filed by day care providers in the Eastern Washington city of Mattawa. They have accused the state Department of Social and Health Services, Grant County and the city itself of discrimination.
The lawsuit stems from a DSHS investigation into alleged overpayments of state and federal money used to subsidized child care for low-income families. That investigation led to a state auditor’s report that estimated DSHS had overpaid the women more than
$800,000 because of falsified and inaccurate attendance records.

In February, however, the state withdrew its overpayment notices without comment. In two separate lawsuits filed after that decision, 30 day care providers accused the state of violating their civil rights by improperly questioning their immigration status.

Both cases seek changes in DSHS methods for inspecting home day care businesses, as well as damages. Additionally, the suits also allege investigators entered the licensed home day cares and confiscated documents without warrants.

U.S. District Judge Edward Shea in Richland consolidated the two cases for discovery purposes and certified the case as a class-action lawsuit.

“Class certification is a major step forward and hopefully protects the rights of child care providers everywhere in the state of Washington,” said an attorney representing the plaintiffs.


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