Episode125: Applying the ADA Integration Mandate & Olmstead to Sheltered Employment

ADALive!

More information, transcripts, bios, and resources available at adalive.org/episodes/episode-125/. According to the Department of Justice (DOJ), a significant number of individuals with disabilities spend their day receiving public services in sheltered workshops and facility-based day programs. In a report titled, Beyond Segregated and Exploited, the National Disability Rights Network (NDRN) estimates that over 400,000 people are sent to sheltered workshops where they earn less than the federal minimum wage. This environment results in stigmatization and a lack of economic independence. These settings segregate individuals from the community and provide little or no opportunity to interact with people without disabilities, other than paid staff. The Department of Justice implements the “integration mandate” of the Americans with Disabilities Act, which requires public entities to “administer services, programs, and activities in the most integrated setting appropriate to the needs of qualified individuals with disabilities.” The ADA’s “integration mandate” makes clear that public entities must provide reasonable modifications to policies, practices, and procedures to avoid discrimination. On October 31, 2023, the DOJ issued guidance that the “integration mandate” applies to sheltered workshops and day centers, putting them in violation of the ADA and the Olmstead decision. In this episode we will discuss the most recent guidance on the ADA’s “integration mandate” and the Olmstead decision and its application to employment and day services for people with disabilities. Our guest is Julie Kegley, Staff Attorney & Program Director - Georgia Advocacy Office (GAO).