NELSONVILLE, Ohio — A Nelsonville resident filed a discrimination lawsuit against the local non-profit Hocking Valley Scenic Railway.
James Burcher worked for the Hocking Valley Scenic Railway from 2017 to 2022, and claims the company retaliated against him for requesting mental health accommodations.
Defendants in the lawsuit include the Hocking Valley Scenic Railway and the chair of its board, Larry Kahle. Burcher claims Kahle participated in and was responsible for “adverse employment actions” against him.
The Hocking Valley Scenic Railway company is a non-profit, volunteer-run organization based in Nelsonville that offers train rides. While employed, Burcher suffered a work-related injury in September 2022, when an “engineer crashed into his train,” according to a statement filed June 2024 with the Ohio Civil Rights Commission.
Burcher filed for workers’ compensation shortly after the incident, according to the complaint. The company then reclassified him from a W2 employee to a 1099 independent contractor.
Hocking Valley Scenic Railway President Dan Sudlow allegedly told Burcher that the reason for the change was that “they [Hocking Valley Scenic Railway] didn’t want the payroll, workers’ compensation, or disability liability anymore,” according to the complaint. Sudlow is not a defendant in the suit.
On April 12, 2024, Burcher filed for mental health accommodations, including “a more consistent schedule” and “not to work with the engineer who caused the [his] accident.”
Burcher’s employment was terminated two days later.
The Independent reached out to Hocking Valley Scenic Railway for comment, but could not make contact in time for publication.
According to the complaint, Kahle was served an initial settlement demand on June 21, 2024. A day later, Kahle went to Burcher’s home to “discuss [the] settlement, despite knowing [Burcher] was represented by counsel.”
Kahle allegedly did not immediately leave when asked, telling Burcher’s wife “he doesn’t want a lawyer and wants to settle things between them.”
The complaint also alleges Sudlow and Kahle made ableist comments about volunteers. Burcher worked with several volunteers diagnosed with autism, and at one point Sudlow allegedly told him, “he could do what these retarded idiot kids couldn’t do.”
Burcher also alleges that upon informing Kahle that he was being screened for autism, Kahle “looked [him] up and down, and said, ‘you don’t look autistic.’”
The Independent reached out to Burcher’s attorneys for comment, who declined to comment on active litigation.
Burcher initially filed a claim with the Ohio Civil Rights Commission. Hocking Valley Scenic Railway did not respond to attempts to pursue mediation in the civil rights commission case. The commission ultimately granted Burcher the right to sue over his claim.
