DOJ Civil Rights Division Issues Statement on Integration Mandate of the ADAImage Banner

DOJ Civil Rights Division Issues Statement on Integration Mandate of the ADA

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DOJ Civil Rights Division Issues Statement on Integration Mandate of the ADA

November 23, 2016

On October 31, the Department of Justice (DOJ) Civil Rights Division issued a statement on the application of the integration mandate of Title II of the Americans with Disabilities Act (ADA) and Olmstead v. L.C. to state and local government' employment service systems for individuals with disabilities. The agency says that "to comply with the ADA's integration mandate, public entities must reasonable modify their policies, procedures, or practices when necessary to avoid discrimination" and this obligation may only be excused "where the public entity demonstrates that the requested modifications would 'fundamentally alter' its service system." The statement includes a Q&A section, which clarifies how the integration mandate is defined, what is meant by "most integrated setting", and factors relevant to determining an individual's willingness to receive services in an integrated employment setting, among other topics. It also includes references to several recent DOJ Olmstead settlements.