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This case entry summarizes a DOJ investigation into Utah’s services for individuals with intellectual and developmental disabilities.
In March 2021, the Department of Justice Civil Rights Division opened an investigation into the State of Utah’s employment and day services for youth and adults with intellectual and developmental disabilities (I/DD). The DOJ assessed if the State of Utah’s employment and day services for youth and adults with I/DD were in violation of Title II of the Americans with Disabilities Act, 42 U.S.C. §§ 12131–12134, as interpreted by the Supreme Court in Olmstead v. L.C., 527 U.S. 581 (1999). Employment services help people with disabilities find and keep jobs, while day services help people with disabilities fill their days, including offering help with daily tasks and social, cultural, and educational programming. Title II and Olmstead require public entities to administer services to individuals with disabilities in the most integrated setting appropriate to the individuals’ needs. Three agencies in Utah primarily administered the State's s employment and day services: Utah’s vocational rehabilitation agency, the Utah State Office of Rehabilitation (USOR); the Division of Services for People with Disabilities (DSPD); and the Utah State Board of Education.
On June 18, 2024, the DOJ issued a findings letter. The DOJ had found that Utah was violating the ADA by unnecessarily segregating adults and youth with I/DD in employment and day service settings that prevent them from interacting with people without disabilities to the fullest extent possible. Additionally, the DOJ found that Utah places other individuals with I/DD at serious risk of unnecessary segregation, including youth with I/DD who are transitioning out of children’s services.
The DOJ found that Utah failed to provide employment and day services to people with I/DD in the most integrated setting appropriate for their needs, with the most integrated setting being one that enables individuals with disabilities to interact with nondisabled persons to the fullest extent possible. The DOJ found that Utah’s employment and day services, in practice, created barriers to community integration. Specifically, the DOJ found that “(1) Utah made it difficult for people with I/DD to learn about and access integrated services; (2) Utah makes it difficult for providers to offer employment and day services in integrated settings; and (3) Utah didn’t connect youth with I/DD to integrated options.”
In its findings letter, the DOJ identified four ways in which Utah could remedy the violations that the DOJ identified and move people with I/DD from segregated to integrated settings. Utah could: “(1) connect people with I/DD to integrated options; (2) make sure that the full range of employment and day services are available in integrated settings to people who want them; (3) reduce the wait time for services in integrated settings; and (4) expand transition services so that youth with I/DD can work and engage in the community when they leave school.”
In the conclusion of its finding letter, the DOJ indicated that they looked forward to working with Utah to resolve the DOJ’s ADA violation findings, however, if Utah failed to work with the DOJ to resolve the issues identified, the DOJ would initiate a lawsuit against Utah. As of October 26, 2024, there have been no further updates in the case.
Summary Authors
Laura Greer (11/6/2024)
State / Territory: Utah
Case Type(s):
Key Dates
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
The U.S. Department of Justice's Civil Rights Division
Plaintiff Type(s):
U.S. Dept of Justice plaintiff
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Utah Division of Services for People with Disabilities, State
Utah State Office of Rehabilitation, State
Utah State Board of Education, State
Defendant Type(s):
Case Details
Causes of Action:
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Special Case Type(s):
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues