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Congressman Cohen Leads Letter to Attorney General Garland Seeking Reinstatement of Americans with Disabilities Act Employment Guidance

February 14, 2022

Olmstead protections rescinded during Trump administration

MEMPHIS – Congressman Steve Cohen (TN-09) today led a letter to Attorney General Merrick Garland with 16 other Members of Congress asking the Department of Justice to reinstate integrated employment guidance that was rescinded by Trump Administration Attorney General Jeff Sessions. The guidance outlines state and local governments' obligations to administer employment services in compliance with the Americans with Disabilities Act and the Supreme Court's landmark 1999 Olmstead v. L.C. ruling that the unjustified segregation of persons with disabilities constitutes illegal discrimination.

The letter reads in part:

"We write to request the United States Department of Justice ("DOJ") reinstate critical guidance describing state and local governments' obligations to administer employment services in the most integrated setting appropriate to the needs of persons with disabilities, pursuant to Title II of the Americans with Disabilities Act ("ADA") and the Supreme Court decision in Olmstead v. L.C.

"In 1999, the Supreme Court ruled in Olmstead v. L.C., 527 U.S. 581 (1999) that Title II prohibits the unjustified segregation of individuals with disabilities. In the years since, this integration mandate has been applied in a wide variety of contexts, including to where people with disabilities live, go to school, engage in recreational activities, and where they work

"Reinstating the guidance can only benefit regulated entities, since it would provide them with clear examples and technical assistance to better understand the meaning of existing law. For persons with disabilities facing barriers to work, including discrimination and segregation, reinstated guidance could meaningfully improve their access to competitive integrated employment. This is a critical step in realizing the ADA's promise of economic self-sufficiency, equal opportunity, independent living and full participation in everyday life."

See the entire letter here.

In addition to Congressman Cohen, 16 Members co-signed today's letter including Representatives Jamaal Bowman, Yvette D. Clarke, Lloyd Doggett, Byron Donalds, Henry C. "Hank" Johnson, Jr., Mondaire Jones, Carolyn B. Maloney, Kathy Manning, Joe Neguse, Ilhan Omar, Jamie Raskin, Deborah K. Ross, Lucille Roybal-Allard, Mary Gay Scanlon, Eric Swalwell, Paul D. Tonko.

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