Justice Department Released Guidance on the Americans with Disabilities Act and Employment Services for People with Disabilities

The Justice Department said in OCT 2023, in honor of National Disability Employment Awareness Month, that it has released guidelines outlining how the “integration mandate” of the Americans with Disabilities Act (ADA) relates to day care and public employment. State and municipal governments are required by the integration mandate to offer services to individuals with disabilities in the most integrated setting possible.

People with disabilities can benefit from integrated employment services by being able to work in regular jobs where they can connect with peers, clients, and coworkers who are not disabled. When they are not working, individuals with disabilities can participate in community activities of their choice, such as social, educational, recreational, or cultural ones, thanks to integrated day services. The ADA mandates that state and local governments provide employment and day services in the most integrated setting that is suitable for each person’s requirements, as the advice explains.

On the other hand, a large number of disabled individuals nationwide get public services primarily in settings that are segregated, such as sheltered workshops and facility-based day programs. Sheltered workshops are separate establishments that hire people with impairments either entirely or mostly. persons with disabilities engage in non-work activities alongside other persons with disabilities in facility-based day programs. Apart from paid staff, these environments keep people apart from the society and offer very little to no opportunities for social interaction with individuals without impairments.

Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division stated, “Put simply, people with disabilities are entitled to work alongside their friends, peers, and neighbors who do not have disabilities.” “This guidance makes clear that the ADA requires that people with disabilities have access to the integrated services they need to contribute, grow, and advance in typical workplaces throughout the country. Employment is fundamental to contributing to and being fully included in society.”

The Civil Rights Division has released this guidance to assist individuals with disabilities in understanding their rights under federal law in this area, as well as state and local governments’ obligations with regard to nondiscrimination. An outline of the ADA, the integration mandate, and the kinds of jobs and day services that are frequently provided to individuals with disabilities is given in the guidance. It then provides answers to nine queries regarding those service systems’ compliance with the ADA. As an illustration, the guidelines clarify:

• The ADA’s integration mandate applies to public employment and day services.
• The most integrated employment setting under the ADA is the one that lets people with disabilities spend time with non-disabled people as much as possible.
• People with disabilities who receive services in segregated employment or day services settings should receive accurate information about integrated employment options.

The guidance may be found at www.ada.gov/resources/olmstead-employment-qa/. A Federal Register notice discussing the guidance will be forthcoming. To learn more about the ADA, call the toll-free ADA Information Line at 1-800-514-0301 or 1-833-610-1264 (TDD), or access the Justice Department’s ADA website at ada.gov.