In recent years, the landscape of disability law and policy has changed in significant ways as it pertains to compliance with the civil rights affecting people with disabilities, individuals in school-transition programs, sheltered workshops, and other forms of segregated employment; educational and vocational training programs; and the criminal justice system. Several major law and policy developments have taken place that, in the coming years, will require state and local governments, educational institutions, and employers to make concerted efforts to comply with new requirements:
- Title II of the Americans with Disabilities Act (ADA) and Olmstead have been applied to state and local governments’ employment service systems, and Department of Justice guidance was issued on the subject; the Workforce Innovation and Opportunity Act (WIOA) was enacted; and the Medicaid Home and Community-Based Settings (HCBS) Rule was issued. Moreover, during the same period, state systems and employment service providers have sought to increase their awareness of existing obligations under the Fair Labor Standards Act (FLSA), ADA, and the Javits Wagner O’Day Act.
- State education agencies and local school districts have begun to seek counsel about the intersection of existing Individuals with Disabilities Education Act requirements with the mandates of the ADA and Olmstead.
- Section 503 of the Rehabilitation Act regulations went into effect, requiring federal contractors to adopt, implement, and report on a 7% utilization goal for employment of people with disabilities.
- Requirements under the ADA and Section 508 of the Rehabilitation Act for accessible technology have been the subjects of oversight and enforcement.
- States, counties, and cities are struggling with high rates of incarceration and police interaction of people with mental health and other disabilities without fully understanding the implications of the ADA and Olmstead requirements.
Brown, Goldstein, & Levy is committed to providing strategic consulting services pertaining to compliance with the laws governing the civil rights of workers and students with disabilities by advancing the public dissemination of digestible, practical, and accurate analyses of the legal and technical requirements relating to these important areas of disability law and policy.
Eve Hill and Gina Kline are among the nation’s leading experts in compliance with laws affecting the rights of people with disabilities, having recently served as Deputy Assistant Attorney General and as Senior Counsel of the U.S. Department of Justice Civil Rights Division. They bring years of wide-ranging experience helping covered entities understand and meet their obligations in achievable ways. Eve and Gina are experts in the legal requirements and implementation practices to achieve compliance with the ADA, Olmstead v. L.C., FLSA, WIOA, HCBS, and other federal laws in the contexts of government employment and education services for people with disabilities, employers’ obligations under Section 503 and the ADA, government obligations to respond to people with disabilities involved in criminal justice systems, and policies and procedures to implement and maintain accessible technology.
- Formulation of white papers, technical assistance, toolkits, and other materials concerning the meaning and practical effect of the ADA and other statutory and regulatory requirements;
- Webinars pertaining to new statutory and regulatory requirements;
- Creation of policies and procedures and training materials to assist with the implementation of new legal requirements;
- Assessment and recommendations for disability-related policies, practices, and procedures of corporate, educational, and government entities;
- Ongoing legal and technical guidance to technical assistance centers, grantees, and other purveyors of technical assistance to state and local entities and others.
- Eve Hill’s testimony before the U.S. Senate Judiciary Committee as it convened to consider Judge Neil Gorsuch’s nomination to be an associate justice on the U.S. Supreme Court, Washington, DC, March 23, 2017.