Workers with developmental disabilities “sheltered” from promise of ADA

The U.S. Department of Justice recently voiced its support for 2,300 individuals with developmental disabilities suing the state of Oregon in federal court for its failure to implement supportive employment assistance.  

Those bringing suit argue that although they are capable of participating in competitive employment, the state’s lack of job assistance forces them to work in sheltered workshops, often earning only 10% of minimum wage. They further argue that this violates the Americans with Disabilities Act (ADA) which requires states to integrate individuals with disabilities into the community.

At the heart of the matter is the legality of relegating those capable of participating in the workforce to sheltered workshops. In theory, sheltered workshops help individuals with developmental disabilities cultivate practical employment skills so that they can participate in the competitive workforce. However, the reality often disappoints, as the work performed in sheltered workshops is remedial in nature and therefore fails to hone skills that translate in the real world.

Also, those capable of entering the workforce are unable to do so without proper supports. This has been likened to segregation through institutionalization.

Disability rights advocates are hopeful that the suit against Oregon foretells of a national shift away from sheltered workshops toward full inclusion of individuals with developmental disabilities in the workforce. 

Photo credit: Microsoft   

Comments

[Naomi]

I have a developmental disabilities and I am not getting the help I need in oklahoma.
I also know a neighbor of my'n how is vision impared and they are also not getting the help they need in oklahoma.
I was wondering what I should do I don't have any money to try to take it to court.

[Bacon Wilson Law]

Thanks for your comment, Naomi. Unfortunately we cannot respond to individual legal inquiries here. Please direct your questions to attorney, Kevin Maltby: 413.781.0560 or KMaltby@BaconWilson.com