Justice Department finds Utah allegedly violated Americans with Disabilities Act
The Justice Department released its findings of an investigation into the Utah’s employment and day services for people with intellectual and developmental disabilities that determined the state is allegedly violating the Americans with Disabilities Act.
The findings were released in a letter addressed to Utah Gov. Spencer Cox.
A spokesperson for the governor’s office referred the Deseret News to the Department of Health and Human Services.
Saying the Department of Justice does these investigations to ensure ADA is implemented properly, a spokesperson for the state’s health department said the state is committed to helping people with disabilities thrive and will work with the Department of Justice.
“While nobody likes hearing that their programs still have barriers for people to receive services, the state of Utah sees people with disabilities as critical citizens in our state and is committed to improving our service system so that people with intellectual disabilities can live their lives in the way many of us do, as independently as possible, alongside family, friends and peers,” said the spokesperson. “We look forward to working with the DOJ as we continue to strengthen our service system for the people we serve.”
The Justice Department said on paper, Utah provides all the necessary services people with intellectual and development disabilities need. There were three areas that the department found a “barrier to community integration.”
The Justice Department alleged thousands of Utahns who have intellectual and developmental disabilities are segregated from their communities. The department also claimed these individuals work in sheltered workshops on rote tasks and Utah should create more integrated settings.
“First, Utah makes it difficult for people with I/DD (intellectual and development disabilities) to learn about and access integrated options. Second, Utah makes it difficult for providers to offer employment and day services in integrated settings,” alleged the department. “Third, Utah does not connect youth with I/DD to integrated options.”
If Utah does not make changes in accordance with the Justice Department’s recommendations, the department said it’s possible the state could be sued.
“We hope to collaborate with Utah and agree on changes that the state will make to remedy the violations,” said the department. “We must inform you, however, that, if Utah will not negotiate or if our negotiations fail, the United States may take appropriate action — including initiating a lawsuit — to remedy Utah’s ADA violations.”
The investigation started in March 2021 after the Justice Department received a complaint alleging the state “funnels people with I/DD into segregated settings during the day instead of serving them in the community.”
During the investigation, Utah arranged more than 20 interviews with state employees and produced more than 170,000 documents. The Justice Department noted Utah’s cooperation with the investigation.
“Utah relies on segregated settings to serve people with I/DD who are appropriate for, and do not oppose, employment and day services in integrated settings,” alleged the department. “Utah has shown some support for helping people with I/DD become employed.”
In order to comply with the ADA, the Justice Department said Utah needs to modify its service system to ensure people can be connected to integrated options and reduce the wait time for integrated options.
“Full inclusion in society is a central promise of the ADA,” said assistant attorney general Kristen Clarke in a press release. “People with intellectual and developmental disabilities are entitled to full inclusion, and to the dignity and purpose that comes with deciding where to work and how to spend their days.”
