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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

[As of] December 21, 2017, the Department of Justice has withdrawn and removed from ADA.gov [this] guidance on State and local governments’ employment service systems... 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.

State and Local Governments’ Employment Service Systems

Employment service systems typically include services and supports that are available through multiple state agencies and funding streams, including vocational rehabilitation, Medicaid, and educational (e.g., youth transition services) service systems. Employment service systems may include a range of service settings, including sheltered workshops; supported employment services provided in competitive, integrated employment; small group or enclave employment; facility-based day programs; and integrated day services provided in typical community settings.11

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