NELSONVILLE, Ohio — A Nelsonville resident may file a lawsuit against the local nonprofit Hocking Valley Scenic Railway, the Ohio Civil Rights Commission determined in November 2024, according to records obtained last month by the Independent.
James Burcher formerly worked for the Hocking Valley Scenic Railway and, in the records obtained by the Independent, alleged the nonprofit discriminated against him over his disability.
Though given permission to sue, Burcher has not yet filed against the railway company, his attorney Brian Perry told the Independent. He declined to say whether his client intends to move forward with a lawsuit.
The Hocking Valley Scenic Railway Company is a volunteer-run, nonprofit organization based in Nelsonville that offers customers train rides throughout the city. Burcher began working as a conductor for the company in 2017. In September 2022, he, and suffered a work-related injury when an “engineer crashed into his train,” according to his initial statement filed June 2024 with the Ohio Civil Rights Commission.
Burcher did not detail his injuries in his statement but wrote that the incident “greatly affected my ability to work and constitute[s] a disability.” Following his injury in 2022, Burcher said that the company transitioned Burcher from a W-2 employee to a 1099 contractor.
Burcher alleges in his statement that the company’s president, Dan Sudlow, explained this decision to transition Burcher to a contractor by saying “they [the company] didn’t want the liability anymore.”
“Despite this change, I still clocked in and out and was never presented with an official contract,” Burcher said in his statement.
He continued to work as a 1099 contractor until he requested accommodations on April 12, 2024, his statement said.
“I requested a more consistent schedule, and requested not to work with the engineer who caused the accident,” Burcher said.
Burcher said the nonprofit board met the next day, April 13, 2024, and that Burcher’s employment was terminated the following day.
Burcher alleges his termination came in retaliation for his request for accommodations.
Burcher’s initial charge, jointly filed with the Ohio Civil Rights Commission and the U.S. Equal Employment Opportunity Commission in June 2024, alleged violations of Ohio Revised Code 4112 and/or federal statutes under the Age Discrimination Employment Act, the Civil Rights Act, and the Americans with Disabilities Act.
ORC Section 4112 aims to protect employees from unlawful discriminatory practices, allowing them to pursue civil action in the event of alleged discrimination.
Pursuant to provisions under ORC, Burcher filed with the Ohio Civil Rights Commission before withdrawing the charge to request a notice of the right to sue. Burcher withdrew the charge after 60 days elapsed from his initial filing.
Hocking Valley Scenic Railway did not respond to attempts to pursue mediation, according to emails between Burcher’s attorney and the Ohio Civil Rights Commission, which were included records obtained by the Independent.
Ohio Revised Code 4112.14 states that civil action must be filed within two years of the alleged discrimination.
Burcher’s attorney told the Independent in an email that any lawsuit against Hocking Valley Scenic Railway would be filed within the Athens County Court of Common Pleas.
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