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ADDP Employment Conference
November 1, 2013
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Bentley College Waltham, Ma Registration will open in September 2013
for more information, contact Mandy Nichols at ADDP 508-405-8000
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Did you know?
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Interesting footnote: The Oregon and Rhode Island Court cases, filed by the U.S. Department of Justice, Office of Civil Rights. were organized by Justice OCR Assistant Attorney General Tom Perez. (In the Clinton Administration, the OCR Assistant Attorney General was Deval Patrick).
In filing both cases, Perez successfully sought the support of the U.S. Department of Labor.
Last month, Tom Perez left the Department of Justice after he was nominated by President Obama and confirmed by the U.S. Senate to be the new U.S. Secretary of Labor.
At a White House Disability Community meeting on July 25, 2013, attended by Gary Blumenthal, ADDP CEO, Secretary Perez cited his work on the Oregon and Rhode Island cases declaring that "the Olmstead decision is not just about where you live, but how you live your life", reinforcing the widely held belief that his advocacy on extending Olmstead principles to work and day programs will continue at the U.S. Department of Labor.
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DDS, The Arc & ADDP Meet to Accelerate Multi Year Disability Employment Plan
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In response to a variety of factors, including addressing its strategic plan to dramatically increase employment opportunities for individuals with intellectual disabilities. and in the shadow of US Court Actions in Oregon  and Rhode Island, Massachusetts Department of Developmental Services Commissioner Elin Howe, is consulting with a variety of stakeholders including The Arc of Massachusetts, ADDP and others to accelerate planning for changes in employment programs supporting people with developmental disabilities over the next three to five years.
 Howe's initiative is part of a continued emphasis on Community and Employment First which has been a guiding principle of Governor Deval Patrick's disability policies. The disability community has long supported the Patrick Administration's effort to encourage greater integration, improved wages and greater independence for people with intellectual and developmental disabilities. Over the course of the last few years, both providers and DDS have worked together to successfully increase the number of individuals who work in jobs at or above the minimum wage.
In recent Court cases, the U.S. Departments of Labor and Justice have begun applying the principles of the Olmstead decision to areas beyond residential services, specifically day and employment services. Those Court settlements and related proposed settlements have targeted segregated work environments, specifically sheltered workshops, suggesting that widespread use of such employment programs may violate both the Americans with Disabilities Act and the Supreme Court's ruling in the Olmstead inclusion case.
Commissioner Howe has directed
DDS Deputy Commissioner Larry Tummino to convene a stakeholder workgroup to offer affirmative recommendations, including resource needs, on how DDS and providers can move forward with changes in current disability employment and day programs.
The workgroup will address range of issues including issues identified by  providers in the first meeting of the work group on Friday, August 9, 2013. In that meeting providers expressed positive support in DDS Employment objectives, but also expressed concern about what types of supports, services and funding would be available to replace the closure of sheltered workshops in the Commonwealth. Additionally providers were concerned about whether the Commonwealth's leaders fully understood the fiscal impact of moving people from sheltered workshops into more expensive supports and services.Commissioner Howe indicated that she and Deputy Commissioner Tummino have met with EOHHS Secretary John Polanowicz and Assistant Secretary Rosalie Edes. In an initial meeting of the employment workgroup, stakeholders heard legal analyses, by both DDS Attorney Marianne Meachem and ADDP Attorney Tara Zeltner.Key legal points both attorneys indicated that may be of interest to the work group included:
- Olmstead Implications with regard to the ADA and integration mandate; and the expanded requirement that this applies to all government services including day and employment services.
- DOJ guidance that may suggest that group and enclave employment may also be considered as segregated employment and potentially in violation of Olmstead.
- other concerns addressed included US Senate Health Education Labor and Pensions Committee Chair Tom Harkin's bill that may further restrict sheltered workshop participant eligibility.
The ADDP/Arc/DDS Workgroup will continue to meet weekly and hopes to issue a set of recommendations by mid fall. Participants from DDS included Howe, Tummino, Margaret VanGelder, and Victor Hernandez. Arc participants included Leo Sarkissian and Barbara L'Italien. ADDP was represented by Chair Bruce Bird, Gail Brown, Donna Sabecky, Sharon Smith, Day Services Co-Chair Dan Burke, Gary Blumenthal, Tara Zeltner and Mandy Nichols.Copies of the ADDP legal analysis can be obtained by contacting Tara Zeltner at the ADDP office or clicking here. |
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