The Department of Justice has withdrawn an Obama DOJ guidance document on how state and local governments provide employment services to the disabled.
December 21, 2017—The Department of Justice has withdrawn and removed from ADA.gov its October 2016 guidance on State and local governments’ employment service systems, titled “Statement of the Department of Justice on Application of the Integration Mandate of Title II of the Americans with Disabilities Act and Olmstead v. L.C. to State and Local Governments’ Employment Service Systems for Individuals with Disabilities.”
Here’s what the October 2016 Obama DOJ guidance stated (from the DisabilityScoop.com article at the time):
Segregated Employment, Day Programs May Violate ADA
Just as people with disabilities have a right to live in the community, the U.S. Department of Justice is warning states that the same rights apply to employment and other activities too.
In a 13-page guidance document issued this week, the federal agency says that the integration mandate of the Americans with Disabilities Act applies broadly.
“The integration mandate of Title II of the ADA is intended to allow individuals with disabilities to live integrated lives like individuals without disabilities, including by working, earning a living and paying taxes,” the guidance states.
[snip]
While state and local government offerings can include sheltered workshops and facility-based day programs, the Justice Department said that other opportunities need to be available and that individuals with disabilities must have an opportunity to “make an informed decision” about what setting is right for them.
Jeff Sessions wants to do away with this. The stated reason for withdrawing the guidance – “to afford further discussion with relevant stakeholders, including public entities and the disability community, as to how best to provide technical assistance in this area” – Is not credible. For now the withdrawal announcement states that “[t]he Department will continue to fully and fairly enforce all laws within its jurisdiction, including the ADA.” But we see where this bus is headed.
The ACLU tweeted the news, and added a pithy comment:
As Sessions tries to erase the Civil Rights era from history, here is a reminder of what a “withdrawn” guidance looks like:
We are sorry, the page you're looking for can't be found on the ADA.gov website.
https://www.ada.gov/olmstead/olmstead_guidance_employment.pdf
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