Capitol Correspondence - 12.22.17

DOL ADA Employment Guidance Withdrawn

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December 21, 2017 — The Department of Justice has withdrawn and removed from its October 2016 guidance on State and local governments’ employment service systems, titled “Statement of the Department of Justice on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.