iN THE SPOTLIGHT

Federal Agencies Issue Final Rules: Department of Justice Issues Final Rule to Amend Americans with Disabilities Act (ADA) Title II (State and Local Government Entities) and Title III (Public Accommodations and Commercial Facilities) Regulations to Implement the ADA Amendments Act of 2008; Departments of Labor and Education Issue Final Rules to Implement the Workforce Innovation and Opportunity Act (WIOA)

By April Banerjee, PWDF Interim Executive Director 

The US Department of Justice has issued a final rule that will amend the ADA Title II (State and Local Government Entities) and Title III (Public Accommodations and Commercial Facilities) regulations to implement the ADA Amendments Act of 2008. These changes to the regulations are in response to the ADA amendments, which restored the “understanding that the definition of ‘disability’ shall be broadly construed and applied without extensive analysis.”[¹]  The rule takes effect October 11, 2016. In comparison, the US Equal Employment Opportunity Commission (EEOC) completed the promulgation of its final regulations on the ADA Amendments Act of 2008 over 5 years ago.[²] DOJ’s final rule can be found at 81 Fed. Reg. 53204 (Aug. 11, 2016).

The US Department of Labor (DOL) and Department of Education (ED) have issued a joint final rule to “implement jointly administered activities authorized by”[³] Title I of the WIOA, including workforce education and employment system reforms. The “Joint WIOA Final Rule provides guidance for State and local workforce development systems that increase the skill and credential attainment, employment, retention, and earnings of participants, especially those with significant barriers to employment[,] . . . ”[⁴] which includes people with disabilities. The final joint rule takes effect October 18, 2016. The final joint rule can be found at 81 Fed. Reg. 55792 (Aug. 19, 2016).

ED has issued two separate rules to change their regulations that implement changes to the Rehabilitation Act of 1973, as amended by WIOA. One of the rules amends regulations that address state vocational rehabilitation services programs and state supported employment services programs. This rule also includes new regulations that address WIOA’s limitations on the use of the sub-minimum wage.

People With Disabilities Foundation (PWDF) will be reviewing ED’s changes to these regulations to ensure they allow people with disabilities to receive needed individualized assistance based on their functional limitations in order to obtain and continue the type of employment desired by the individual, whether it be competitive, integrated employment; supported employment; or a sheltered workshop. This is important to PWDF because many people who are severely disabled need substantial supervision and support on a continuous basis to maintain long-term stable employment.  On-going supports over time can make the difference between maintaining employment and losing employment. This final rule can be found at 81 Fed. Reg. 55630 (Aug. 19, 2016). Parts of this rule take effect September 19, 2016 and other parts take effect October 18, 2016. ED’s other rule makes miscellaneous changes to regulations governing Rehabilitation Services Administration (RSA) programs.This rule can be found at 81 Fed. Reg. 55562 (Aug. 19, 2016).

In addition, the DOL has issued a separate final rule implementing program-specific WIOA requirements. This DOL rule “provides the framework for changes for statewide and local workforce development systems to increase the employment, retention, earnings, and occupational skill attainment of U.S. workers, particularly those individuals with barriers to employment.”[⁵] This final rule can be found at 81 Fed. Reg. 56072 (Aug. 19, 2016). The rule takes effect October 18, 2016.

Look for more information about these final rules and comments from People With Disabilities Foundation in our next e-newsletter.

PWDF Profile

Who We Are

People With Disabilities Foundation is an operating 501(c)(3) nonprofit organization based in San Francisco, California, which focuses on the rights of the mentally and developmentally disabled.

Services

Advocacy: PWDF advocates for Social Security claimant’s disability benefits in eight Bay Area counties. We also provide services in disability rights, on issues regarding returning to work, and in ADA consultations, including areas of employment, health care, and education, among others. There is representation before all levels of federal court and Administrative Law Judges. No one is declined due to their inability to pay, and we offer a sliding scale for attorney’s fees.

Education/Public Awareness: To help eliminate the stigma against people with mental disabilities in society, PWDF’s educational program organizes workshops and public seminars, provides guest speakers with backgrounds in mental health, and produces educational materials such as videos.

Continuing Education Provider: State Bar of California MCLE, California Board of Behavioral Sciences Continuing Education, and Commission of Rehabilitation Counselor Certification.