May 1, 2025
Paul Van Brunt, Associate Director, Benefits Compliance
The U.S. Department of Justice (“DOJ”) recently scaled back available Americans with Disabilities Act (“ADA”) compliance assistance guidance, as maintained by the federal agency, by rescinding 11 pieces of guidance (several pieces which were issued in connection with COVID-19). These modifications are designed to align with not only a 2017 Trump Administration order that sought to reduce regulation and control regulatory costs, but also with the more recent and mirrored deregulation experiments being conducted by the new Trump Administration.
The ADA compliance related resources and other guidance published by the DOJ have long operated as offering a critical blueprint for those U.S.-based employers seeking to create and to maintain accessible and inclusive workplaces for employees suffering from certain disabilities. The recent redaction and removal exercises signify the introduction of a major public policy shift relative to ADA enforcement, as well as a significant shift in the regulatory landscape, resulting in a range of potential implications for employers subject to the ADA.
Employer Action Items
- Review Existing Policies: Given the changes, it’s important for employers to review existing policies related to ADA compliance. Organizations must ensure they remain appropriately aligned with the revised and updated ADA related guidance, all the while continuing to adequately address the needs of their employees with disabilities.
- Seek Legal Consultation: Organizations are encouraged to seek the input of legal experts and other industry consultants specializing in ADA-related obligations and organizational compliance. These professional service providers can provide important insights as to how and when these policy revisions may impact individual organizations.
- Provide Timely Employee Communications: Ensure open lines of communication with employees regarding the substance and impacts associated with these regulatory modifications. Fostering an employee-facing dialogue encourages transparency, all the while promoting efficient and compliant organizational governance and administration of the employer’s ADA-related obligations.
Summary
The DOJ’s move to revise its library of ADA regulatory guidance underscores the dynamic nature of the federal regulatory landscape. Even though reduced regulatory burdens may seem like an unanticipated gift to the organization, it’s important to balance regulatory requirements against the need and benefits associated with a thoughtful and comprehensive administrative approach to ADA compliance. Organizations are encouraged to practice diligence in the drafting, adoption, enforcement, and communication of ADA-related policies, procedures, and governing standards.
Proactive management of these regulatory modifications ensures that your workplace remains inclusive and respectful of people with disabilities, all the while maintaining ever-important practices associated with successful legal and regulatory compliance assuredness.
The next section of this article contains hyperlinks to important federal agency information relative to these recent regulatory rescissions, as effectuated by the Trump Administration’s DOJ.
Additional Information & Resources
- Justice Department Announces Actions to Rescind 11 Pieces of ADA Guidance
- Guidance & Resources: ADA.GOV
- Americans with Disabilities Act: Accessibility Standards
For more information
We’re ready when you are. Get in touch and a friendly, knowledgeable Baldwin advisor is prepared to discuss your business or individual needs, ask a few questions to get the full picture, and make a plan to follow up.
This document is intended for general information purposes only and should not be construed as advice or opinions on any specific facts or circumstances. The content of this document is made available on an “as is” basis, without warranty of any kind. The Baldwin Insurance Group Holdings, LLC (“The Baldwin Group”), its affiliates, and subsidiaries do not guarantee that this information is, or can be relied on for, compliance with any law or regulation, assurance against preventable losses, or freedom from legal liability. This publication is not intended to be legal, underwriting, or any other type of professional advice. The Baldwin Group does not guarantee any particular outcome and makes no commitment to update any information herein or remove any items that are no longer accurate or complete. Furthermore, The Baldwin Group does not assume any liability to any person or organization for loss or damage caused by or resulting from any reliance placed on that content. Persons requiring advice should always consult an independent adviser.
The Baldwin Group offers insurance services through one or more of its insurance licensed entities. Each of the entities may be known by one or more of the logos displayed; all insurance commerce is only conducted through The Baldwin Group insurance licensed entities. This material is not an offer to sell insurance.
