Integrating the Workforce: A Proposed Expansion of the Lane v. Kitzhaber Rule

Authors

Dean Farmer, University of Michigan Law SchoolFollow

Abstract

Sheltered workshops are workplaces that employ, and may legally pay subminimum wages to, individuals with disabilities. Though these workshops have historically been a large part of disability employment services in the United States, many policymakers have advocated for a shift from sheltered workshops to integrated disability employment services, in which individuals with disabilities work alongside other workers for an equal wage that meets or exceeds the minimum wage. In Lane v. Kitzhaber, the U.S. District Court for the District of Oregon applied Title II of the Americans with Disabilities Act (ADA) to sheltered workshop programs, holding that states must allow individuals with disabilities to choose the most integrated disability employment service setting for which they are qualified. Although the Lane v. Kitzhaber holding has expanded access to integrated disability employment services, it has failed to fully meet the legal standard under ADA Title II and the Attorney General’s subsequent integration mandate.

The Attorney General’s integration mandate does not eliminate sheltered workshops, but it does require public entities to administer programs in the most integrated setting possible under ADA Title II. Systemic barriers prevent workers with disabilities from transitioning to integrated employment settings when they so desire. Accordingly, courts should expand the Lane rule to require employers to actively promote supported or otherwise-integrated employment opportunities. Such an expansion would ensure that states provide the most integrated disability employment services possible.

Recommended Citation

Dean Farmer, Integrating the Workforce: A Proposed Expansion of the Lane v. Kitzhaber Rule, 123 Mich. L. Rev. 729 (2025).
Available at: https://repository.law.umich.edu/mlr/vol123/iss4/4