Justice Department Warns Sheltered Workshops May Violate ADA

Segregating people with disabilities in employment and other day programs may violate their rights under the Americans with Disabilities Act, the Biden administration says.

in a 13 page document Published this week, the US Department of Justice describes how the ADA’s so-called “integration mandate” applies to many daytime activities for people with disabilities.

While the law requires that housing and other supports be provided in community settings when appropriate, the agency clarifies that this same expectation applies to other services.

“A public entity may violate the ADA’s integration mandate when it plans, manages, operates, finances, or implements any service, including employment or day services, in a manner that unreasonably segregates people with disabilities,” the guidance states. .

The Department of Justice notes that many people with disabilities spend most of their time receiving services in segregated settings, such as sheltered workshops and facility-based day programs. According to the guidance, people currently receiving services in such settings and those at risk of ending up in segregated services should be given accurate information about integrated options.

“Simply put, people with disabilities have the right to work alongside their non-disabled friends, colleagues, and neighbors,” said Kristen Clarke, assistant attorney general for civil rights at the Department of Justice. “Employment is essential to contribute and be fully included in society. “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 across the country.”

Still, the guidance also says that people with disabilities do not have to participate in integrated employment or day services.

“Individuals with disabilities may refuse to accept a service in the most integrated and appropriate setting for them,” the document states. “State and local governments are not required to provide community services to people who object to receiving those services. On the other hand, state and local governments have no obligation under the ADA to provide services in segregated settings.”

The Justice Department issued similar guidance in 2016 under the Obama administration, but it was rescinded by the Trump administration. Disability advocates have been pushing for the guide to be republished.

“Too often, providers claim that activities like segregated day programs or sheltered workshops are ‘community activities’ that meet integration goals, but this makes it clear that this is not the case,” said Zoe Gross, director of advocacy at Autistic. Self Advocacy Network. “The guidance specifies that people should have as much integrated employment as they want and can participate in, but it also addresses non-work day services that can be used by people who do not work or do not work full-time.”

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