Disability Access Issues for Religious Organizations in the One-Stop System

1. Disability Access Issuesfor Religious Organizationsin the One-Stop System Questions and answers about your legal responsibilities when you receive Federal financial assistance

2. Presented by Denise Sudell, Esq. Senior Policy Advisor Civil Rights Center U.S. Department of Labor

3. What is different for religious organizations that receive Federal financial assistance? • Religious organizations are exempt from the accessibility requirements of the Americans with Disabilities Act (ADA) • Religious organizations are not exempt from disability nondiscrimination laws that apply to recipients of Federal financial assistance

4. What laws apply? • Section 504 of the Rehabilitation Act of 1973 (Section 504) – applies to all recipients • Section 188 of the Workforce Investment Act of 1998 (WIA) – applies to programs and activities that are: • Operated by One-Stop partners -- see WIA Section 121(b) • Part of the One-Stop system

5. What regulations apply? • Subpart C of DOL’s regulations implementing Section 504 (29 CFR part 32) lists general accessibility requirements • Regulations implementing WIA Section 188 incorporate this subpart by reference

6. What is “accessibility”? • It’s not just ramps and elevators! • Providing accessibility means taking generalized action in advance (so you’ll be ready for people with disabilities) • “Generalized” in this context = not tied to a particular person with a disability

7. How is “accessibility” different from “reasonable accommodation”? • Accommodations are actions that must be taken when a particular person with a disability seeks: • to apply for / participate in a program or activity • to apply for / perform the essential functions of a job

8. Two types of accessibility • Architectural (sometimes known as “physical”) • Program or programmatic • We’ll discuss each of these types in turn

9. Lack of access is no excuse • 29 CFR 32.26 says you can’t: • Exclude a person with a disability, or • Give different benefits to a person with a disability, or • Otherwise discriminate against a person with a disability . . . . . . because a program or activity is inaccessible

10. What accessibility standards must you meet? • It depends! • How old is the facility? (When was it built?) • Has the facility been, or will it be, altered or renovated for you to use? • If so, when was it/will it be altered or renovated? (What date?) • When did you first receive Federal financial assistance?

11. What’s a “facility”? • Not just a building! • Definition in 504 regs also includes “all or any portion” of “structures, equipment, roads, walks, parking lots or other real or personal property” used in providing your program or activity

12. Some things that you might not think of as “facilities” (but that are): • Vehicles used for transportation • Constructs such as office cubicles and computer kiosks

13. The “hierarchy of obligations” • New construction • Alteration or renovation • Done by you, on your behalf, or for your use? • Before or after you received Federal financial assistance? • “Existing facilities”

14. New construction Facility must fully meet legal standards for architectural accessibility [required by 29 CFR 32.28(a)]

15. Alteration or renovation • Was it done: • by you? • on your behalf? • for your use? • If no, use existing facilities rules

16. Alteration or renovation (con’t) • If yes, when was it/will it be done? • Before you received Federal financial assistance: use existing facilitiesrules • After you received Federal financial assistance: altered/renovated part must comply with architectural accessibility standards • 29 CFR 32.28(b)

17. Existing facilities • Not new construction • Either: • Not altered or renovated by you, on your behalf, or for your use; or • Altered or renovated before you first received Federal financial assistance • Must meet program accessibility requirements

18. Federal standards for architectural accessibility • Two different sets of Federal standards exist • Uniform Federal Accessibility Standards (UFAS) – 41 CFR 101-19.6 • Americans with Disabilities Act Accessibility Guidelines (ADAAG)

19. Which standardsshould you use? • DOL’s Section 504 regs say UFAS • But . . . regs also allow “alternative standards” to be used if they will allow “equivalent or greater access” • So . . .you may use either UFAS or ADAAG

20. New standards to come? • The Access Board is updating both UFAS and ADAAG to make them more consistent • Once approved, standards will be published in final form (until then, old standards apply) • For more info, see www.access-board.gov/ada-aba/status.htm

21. What is program accessibility? • What it does mean: • Your program or activity must be accessible when viewed in its entirety • Every aspect of your program or activity must be accessible • Examples: intake, assessment, training courses

22. Program accessibility (con’t) • What it does not mean: • Making each of your existing facilities accessible • Making every part of your facility accessible • Making structural changes where other ways of providing access are possible

23. Program accessibility: Exception for small recipients • If your organization . . . • Has 15 or fewer employees at all times during the grant year, and • Serves 15 or fewer beneficiaries during the grant year, and • Consults with one or more qualified people with disabilities, and • Determines that it cannot provide program accessibility without making significant alterations to its existing facilities . . .

24. Program accessibility: Small recipients (cont’d) • Then . . . • you may refer participants with disabilities to other service providers that have accessible facilities • 29 CFR 32.27(b)(3)

25. Examples of possible changes to provide program accessibility • Redesigning equipment • Moving classes or other services to accessible locations • Assigning aides to participants/ beneficiaries

26. Program accessibility: two key points • You must provide programs and activities in most integrated setting possible for people with disabilities • You may be required to alter or renovate your facilities if there is no other possible way of providing program accessibility

27. How soon must you comply? • Programmatic accessibility: within 60 days of the date on which you receive Federal financial assistance • Architectural accessibility / structural changes: • Transition plan: developed within six (6) months of the date on which you receive assistance • Completion: as expeditiously as possible, but maximum of three (3) years from date of receipt of assistance

28. Some questions your organization might ask . . . • “A local business donates office space where we offer some of our programs. Are we exempt from accessibility requirements because we do not own the space?”

29. CRC’s answer . . . • No, you are not exempt from accessibility requirements for the space. • Some possible options: • ask the business to provide you with accessible space • renovate / alter the space yourself • move the programs to another space that is accessible

30. More questions your organization might ask: • “Where can we get advice about making our facilities accessible?” • Some examples: • The U.S. Access Board: http://www.access-board.gov/indexes/technicalindex.htm • Disability and Business Technical Assistance Centers (DBTACs): http://www.adata.org/ • Organizations in your local community that serve people with disabilities

31. More questions your organization might ask: • “Where can we get information about how to communicate with people with various types of disabilities?” • Some examples: • The Job Accommodation Network (JAN): http://www.jan.wvu.edu/ • DOL’s Office of Disability Employment Policy (ODEP): http://www.dol.gov/odep/ • Organizations in your local community that serve people with various types of disabilities

32. Any more questions?

33. How to contact me • Postal Mail: • Denise Sudell, Civil Rights Center, U.S. Department of Labor, 200 Constitution Ave. NW, Room N-4123, Washington, DC 20210 • Telephone: • 202-693-6554 (voice) • 800-877-8339 (toll-free Federal Information Relay Service – TTY/TDD) • E-Mail: sudell.denise@dol.gov