Department of Justice Withdraws Olmstead Guidance on Employment
On August 14, 2017, ACCSES submitted the attached public comment requesting that the Department of Justice eliminate the Integration Mandate that it issued on October 31, 2016, in that it did not represent a factually accurate statement of the employment landscape or, indeed, of the law. Today, the United States Department of Justice did just that. The Integration Mandate was set aside with the following message from the Department:
December 21, 2017—The Department of Justice has withdrawn and removed from ADA.gov its October 2016 guidance on State and local governments’ employment service systems, titled “Statement of the Department of Justice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.” This action was taken 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. Withdrawal of this guidance document does not change the legal responsibilities of State and local governments under title II of the ADA, as reflected in the ADA, its implementing regulations, and other binding legal requirements and judicial precedent, including the U.S. Supreme Court’s Olmstead decision. This withdrawal should not be understood as expressing any view on the legal merits of the principles set forth in this Statement, or on the merit of any specific procedures currently in place in any State or local jurisdictions. The Department will continue to fully and fairly enforce all laws within its jurisdiction, including the ADA.
We will follow up with the Department right after Christmas. Thank you, as always, for all of your help. Happy Holidays.
Vice President of Government Affairs &