Do Disability-Specific Settings Violate the ADA?

Commentary: Unpacking puzzling new guidance from the Department of Justice.                                         11/28/23  Psychology Today by Amy F.S. Lutz

Following close behind last month’s announcement by the Department of Labor (DOL) of a “comprehensive review” of 14(c), the program that allows some agencies to pay a subminimum wage to a subset of largely intellectually disabled participants, the Department of Justice (DOJ) has waded into the debate, issuing new guidance on “Employment and Day Services for People with Disabilities.”

I find it to be a perplexing, frustrating, and scary document that opens with the threat of litigation: “State and local governments that fail to provide services to people with disabilities in the most integrated setting appropriate to their needs may be failing to comply with Title II of the Americans with Disabilities Act (ADA).”