Will the Absence of Guidance Documents Hurt the ADA?

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The Americans with Disabilities Act has been around for almost 30 years, and in that time, it has faced several tests in court. Some of these tests have led to what many have come to know as guidance documents. These documents help interpret the meaning of this law, but a new declaration from the U.S. Justice Department is removing these reference items.

Does the ADA Need Guidance Documents?

President Trump issued an executive order mandating that federal agencies find regulations that need to be repealed, replaced or modified. Following this mandate, Attorney General Jeff Sessions has identified 25 documents that are to be revoked. Some of these are guidance documents related to the ADA. The Attorney General believes that these documents are “improper or unnecessary” due to changing times, but not everyone agrees.

The Consortium for Citizens with Disabilities and the Collaboration to Promote Self Determination has released statements of concern. The organization is worried that without a guidance document, states may not prevent the unnecessary segregation of individuals with disabilities in the workplace. The organization goes on to say that though revoking the 2016 guidance document that clarifies this point will not change the ADA’s mandate, revoking said document may cause uncertainty.

To that end, the Justice Department is continuing to review more documents and regulations according to the President’s order. For now, only time will tell if these actions will have a negative effect on the interpretation of the ADA, but your Tulsa disability attorneys will keep watching the situation as it unfolds.

Brought to you by Troutman & Troutman, P.C.—helping Oklahomans with Disabilities get the benefits they need.



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