Industry Updates

DOJ Rolls Back ADA GuidanceDisability advocates worry about losing any guidance to interpreting the law

Calling them “improper or unnecessary,” outdated or beyond what the law calls for, Attorney General Jeff Sessions rattled disability advocates by announcing he’s rescinding ten guidance documents that clarify the implications of the Americans with Disabilities Act. The move is in response to President Trump’s Executive Order 13777 in March 2017 calling for federal agencies to identify regulations and guidance documents that could be repealed, replaced, or modified.

The law firm of Ballard Spahr LLP enumerates the documents pertaining to the ADA in the rescission and notes most of them are well over a decade old and in some cases, superseded by more recent, expanded guidance. It also notes that scrapping the guidance in no way changes the ADA mandates.
Disability advocates, however, are concerned that rolling back the guidance creates uncertainty, in particular as regards the Obama-era statement reinforcing the ADA’s integration mandate on employment.

“We are extremely concerned about the withdrawal of this guidance document, both because it sends the wrong signal to public entities that are seeking to comply with the ADA and because it may reflect a diminished concern with the importance of providing employment services in the most integrated setting.”

Read more here.

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