Disability
CIVIL RIGHTS DIVISION’S
FOUNDATIONAL APPROACH
Federal disability civil rights laws guarantee people with disabilities equal participation in community life. The Civil Rights Division has enforced these laws to secure accessible schools and public services, expand community-based living, protect against discrimination in employment, housing, education, and public accommodations, and ensure that transportation, government programs, and digital services are accessible.
CIVIL RIGHTS DIVISION'S FOUNDATIONAL APPROACH
Federal disability civil rights laws reflect a core principle of the modern civil rights framework: that people with disabilities are entitled to full and equal participation in all aspects of civic life.
The Americans with Disabilities Act (ADA) is the cornerstone of this framework. Enacted in 1990 and updated in 2008, the ADA is a comprehensive civil rights law that prohibits disability discrimination across nearly every domain of public life. It protects individuals with disabilities against discrimination in employment; state and local government services, programs, and activities; public accommodations (businesses) and commercial facilities; transportation; and telecommunications. Its passage followed decades of sustained advocacy by people with disabilities, who organized and pressed Congress to confront their systematic exclusion and to recognize disability rights as a matter of equal citizenship.
The Civil Rights Division has used this broad statutory authority to address some of the most entrenched and far-reaching forms of disability discrimination. The Division has brought cases to ensure that people with disabilities can access public programs, transportation systems, and government services; to protect people with disabilities from discrimination in housing, education, employment, policing, and voting. The Division enforced the ADA’s accessibility requirements to ensure that state and local governments and places of public accommodation provide meaningful access through accessible websites, digital platforms, and communication technologies, and that newly constructed and altered facilities are physically accessible.
One key area of the Division’s disability rights enforcement is implementing the ADA’s integration mandate, which protects the ability of people with disabilities to live free from unnecessary segregation in where they live, work, and how they spend their days, by expanding access to community-based services. As a result of this work, tens of thousands of people with disabilities have been able to live lives of their own choosing, including children who are now able to grow up with their families rather than in institutions.
The Division is also charged with promulgating regulations implementing Title II of the ADA (governing public entities) and Title III (governing public accommodations), enforcing and coordinating the implementation of Section 504 of the Rehabilitation Act (which prohibits disability discrimination in federally conducted and federally funded programs), and coordinating the enforcement and interpretation of federal disability rights laws across the executive branch. The Equal Employment Opportunity Commission maintains regulatory authority over Title I of the ADA, which governs employment, and the Department of Transportation maintains regulatory authority for transportation services and infrastructure.
One of the most consequential regulatory actions affecting people with disabilities in recent years was the April 2024 adoption of a comprehensive Title II web accessibility rule, which established clear standards to ensure that state and local governments’ websites, online services, and mobile apps are accessible to people with disabilities. The Division is also responsible for ADA.gov, the federal government’s central public resource on the ADA, providing guidance, technical assistance, and information about rights and responsibilities under the law.
Across these areas, the Division’s work has demonstrated that disability rights enforcement is essential not only to individual equality, but to democratic participation, economic security, and full community inclusion.
WHAT’S CHANGED SINCE
JANUARY 20, 2025?
Disability civil rights enforcement continues, but Civil Rights Division political leadership has significantly curtailed its scope. Driving out career staff and cutting enforcement capacity, abandoning investigations involving widespread documented disability discrimination, and weakening oversight of community integration settlements reflect a retreat from protecting the rights of people with disabilities.
WHAT'S CHANGED SINCE JANUARY 20, 2025?
Reduction in Disability Civil Rights Enforcement
Since January 2025, the Civil Rights Division has brought far fewer disability civil rights matters, with markedly fewer investigations, enforcement actions, and settlements addressing ADA compliance issues than in prior years. The Division’s own website reflects an approximately 85 percent reduction of disability-related enforcement activity during the first year of the Trump Administration as compared to the final year of the Biden Administration. This reduction reflects the Division’s decision to deprioritize disability enforcement in favor of other political priorities, compounded by leadership actions that pushed out, reassigned, or sidelined career staff, resulting in a significant loss of personnel available to conduct disability rights work—a pattern consistent with changes across the Division’s core civil rights enforcement areas. One year into the current Administration, the Division’s Disability Rights Section remains without a Section Chief, after political leadership pushed out the long-time Section Chief in April 2025. Read more about the Division’s staffing changes.
Possible Regulatory Change to the Title II Web Accessibility Rule
While still in the early regulatory stages, on September 22, 2025, the Department published a notice that it may “reconsider whether some of the regulatory provisions imposed by the [Title II web accessibility rule] could be made less costly.”
Reversing Positions on Gender Dysphoria as a Covered Disability
The Civil Rights Division reversed its legal position dating back to 2015 that gender dysphoria may qualify as a disability under the ADA. Read more about the Division’s LGBTQI+ work.
Seeking Dismissal and Closing Cases Regarding People with Behavioral Health Disabilities
As part of its withdrawal from police accountability pattern-or-practice enforcement, the Division moved to dismiss lawsuits and closed multiple investigations. As relevant to disability enforcement, these actions included the dismissal of two lawsuits and the closure of three additional investigations in which the Division had previously documented systemic ADA violations involving police responses to people with behavioral health disabilities. Read more about the Division’s policing work.
Use of the “R-Word” by Division Political Leadership
Assistant Attorney General Harmeet Dhillon drew sharp criticism for using the “R-word,” a deeply offensive slur against people with intellectual disabilities, to insult conservative influencers who were criticizing Attorney General Pam Bondi. When questioned about the offensive term, a member of AAG Dhillon’s leadership team reportedly responded, “Who cares?” That episode marked an extraordinary and troubling development for the federal government’s chief enforcer of the ADA and other disability civil rights laws.
Retreat from Oversight in Integration Mandate Cases
Settlement agreements ending the unnecessary segregation and institutionalization of people with disabilities typically require changes to state disability service systems. These reforms expand access to community-based services and create mechanisms for identifying and connecting people to those services. To be effective, they often involve multiple state agencies and require changes to long-entrenched policies and practices. Because these agreements can impact thousands of people with disabilities, their families, and service providers statewide, the Civil Rights Division’s past practice was to seek appointment of an independent monitor to assess compliance with the settlement terms. Monitors were typically disability services professionals with demonstrated expertise in developing and scaling community-based systems. The monitors would serve as independent and trusted stewards of the jurisdiction’s progress.
The Division is retreating from this longstanding practice. In two settlements—South Carolina and Maine—the Division and the respective state defendants sought for the Division itself to assume the role of monitor. This resource-intensive approach would undoubtedly stretch the Division’s staff, which has been greatly diminished in numbers and subject matter expertise. It also raises concerns about independence and credibility, given that any determinations would be reviewed by the Division’s political leadership rather than an independent expert. Failure to monitor these agreements effectively would, at best, remove pressure from states to comply and, at worst, risk the health and self-determination of the very people whose rights these cases were brought to protect.
The South Carolina settlement, first entered in December 2025, assigns the Division a monitoring role. In Maine, the Division and the State sought to amend a 2024 settlement that had appointed an independent monitor by replacing that monitor with the Division. Notably, the proposed amendments also sought to remove provisions of the agreement related to community engagement with people impacted by the settlement. The court rejected the proposed amendments following objections from representatives of people with disabilities. Read more about United States v. Maine, below.
Tracking the Changes
Disability Cases Shut Down Since January 20, 2025
Red Line does not include every Civil Rights Division case. Learn what Red Line tracks.
Doe v. Georgia Department of Corrections
23-cv-05578 (N.D. Ga.)
On January 8, 2024, the Civil Rights Division filed a statement of interest in this private litigation filed by a transgender woman seeking access to gender affirming surgery. The Division argued that gender dysphoria may qualify as a disability under the Americans with Disabilities Act and does not fall within the Act’s exclusion for “gender identity disorders.”
On April 25, 2025, the Division announced it withdrew that statement of interest, asserting that the “United States has since disavowed the scientific theories on which the Doe SOI was based” and characterizing research on gender dysphoria and World Professional Association for Transgender Health (WPATH) standards of care as “debunked science.”
United States v. Utah
24-cv-00241 (D. Utah)
On April 2, 2024, the Civil Rights Division announced it had filed suit against Utah for discriminating against an incarcerated transgender woman on the basis of her disability, gender dysphoria. The complaint alleged that the Utah Department of Corrections failed to provide equal access to healthcare (hormone therapy) or provide reasonable modifications for her disability in violation of Title II of the Americans with Disabilities Act.
On January 29, 2025, the Division dismissed the case without an explanation.
Disability Cases Pursued Since January 20, 2025
Red Line does not include every Civil Rights Division case. Learn what Red Line tracks.
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CRIMINAL ENFORCEMENT
Born in Reconstruction. Federal civil rights accountability at its core.
EMPLOYMENT
Equal opportunity at work is essential to economic security, dignity, and full civic participation.
POLICING
The Constitution and federal law exist to protect people from abuses of power—including by those sworn to uphold it.
DISABILITY
Federal civil rights laws guarantee people with disabilities equal participation in community life.
VOTING
The right to vote is foundational to democracy and equal participation in civic life.
HOUSING & GOVERNMENT SERVICES
Where people live and access services shapes opportunity.
EDUCATION
Rooted in Brown v. Board of Education, federal civil rights laws guarantee equal access to education.
LGBTQI+
Protections for LGBTQI+ people in work, education, healthcare, and public life grounded in equality and dignity.
REPRODUCTIVE HEALTHCARE
Protecting access to reproductive healthcare by safeguarding patients, providers, and facilities.
