WIA Section 188 Disability Checklist Training

1. WIA Section 188 Disability Checklist Training Element 5.1 – General Prohibitions

2. Element 5.1: General Prohibitions • These are the “don’ts” – actions that are considered discriminatory • Impossible to list every single action that may violate the law • Important: these actions are unlawful even if the person(s) who take them do not intend to discriminate

3. Examples of General Types of Discriminatory Actions • Denying a qualified person with a disability the opportunity to participate in, or benefit from, a program or activity because of his/her disability • Failing to give a qualified person with a disability an equal opportunity to get the same results or benefits from a program or activity that people without disabilities receive • Charging a particular person with a disability any extra fees to cover the costs of accommodating the disability

4. Specific Examples of Discriminatory Actions • Accepting any job orders from an employer that will not accept applications from qualified persons with disabilities • Stereotyping people with disabilities when evaluating their skills, needs, abilities, and interests • Referring qualified people with disabilities to different programs / activities / employers / types of jobs than other qualified people

5. What is steering? • Based solely on a person’s disability: • Referring him or her to a particular job / employer / program / activity • Directing him or her to a particular profession / career path • Steering is illegal! • Deciding on an individualized basis is appropriate – and required by law

6. Additional Specific Examples of Discriminatory Actions • Using tests or other assessment processes that measure customers’impairments, not their skills and abilities • Failing to provide reasonable accommodations or modifications

7. Actions That Are NOT Discriminatory • Recipients are generally not required to provide these items or services (although they may choose to do so): • Personal devices such as wheelchairs • Individually prescribed devices, such as eyeglasses or hearing aids • Readers for personal use and study • Services of a personal nature, such as assistance with eating, toileting, or dressing

8. Actions That Are NOT Discriminatory (cont’d) • If a Federal statute or Executive Order specifies that a program or activity is limited to people in specific categories, recipients are not required to admit people with disabilities who do not fit those categories

9. Who is entitled to equal opportunity/ positive actions under these laws? • Only people who have actual, current disabilities • Others (with records or “regarded as”) are not entitled to positive actions such as reasonable accommodations

10. Any questions?