Methods of Administration MOA Element 5

1. Methods of AdministrationMOA Element 5 Compliance with Disability Requirements and Section 504

2. Agenda • Presentation: Learning Objectives • Presentation: Principles for Equally Effective Opportunity • Presentation: Defining the Term “Disability” • Presentation: Discrimination Prohibitions • Presentation: Accessibility & Accommodation • Activity I: Accommodation/Accessibility

3. Agenda (cont.) • Presentation: Communications • Presentation: Employment Practices and Employment-Related Training Participation • Activity II: Disability-Related Requirements • Presentation: Documentation • Presentation: State’s Implementation

4. Learning Objectives • Explain federal disability requirements • Describe how the state guarantees compliance • Define the laws, legal theories, and acceptable practices related to providing services to individuals with disabilities • Identify acceptable documentation to demonstrate compliance with disability requirements

5. Principles for ProvidingEqually Effective Services • WIA is committed to providing services to persons with disabilities that are as effective as “mainstream services.” • Any differences in service must be meaningful differences that are “legally permissible.”

6. Term to Know: Qualified Person with a Disability • A person who has the requisite skills, experience, education, and other job-related requirements of the employment or training position that the individual holds or desires and who, with or without reasonable accommodation, can perform the essential functions of the position. 5-5

7. Term to Know: Reasonable Accommodation • Modifications or adjustments to an application/registration process that enables a qualified applicant/registrant with a disability to be considered for the aid, benefits, services, training, or employment that is desired; and • Modifications or adjustments that enable a qualified individual with a disability to take advantage of the same privileges of the aid, benefits, services, training, or employment as is provided to individuals without disabilities. 5-6

8. Legal Structure for Serving Individuals with Disabilities • Workforce Investment Act of 1998 (WIA) • Rehabilitation Act of 1973 (Rehab Act) • Americans with Disabilities Act of 1990 (ADA)

9. Workforce Investment Act of 1998 • WIA required that states offer a range of different job training, education, and other human resource programs through the One-Stop system. • Section 188 of WIA bars discrimination on the basis of disability in programs, services, and employment.

10. Rehabilitation Act of 1973 • First federal law to forbid discrimination based on “disability”: • Rehab Act, Sec. 504: Prohibits any program or activity that receives federal assistance and any Federal Executive agency from discriminating against qualified persons with disabilities • 29 CFR Part 32: Implements Sec. 504 with respect to programs and activities receiving or benefiting from federal assistance from DOL

11. “Handicapped” vs. Individual or Person with Disability • The Code of Federal Regulations (20 CFR Part 32) has not yet been amended to clearly identify the terms “individual with disabilities” or “person with a disability” as the appropriate terms to use. • However, the term “handicapped” is unacceptable and should not be used.

12. Americans with Disabilities Actof 1990 (ADA) • Prohibits discrimination on the basis of disability in: • Private sector • Employers • State and local governments • Labor organizations • Public accommodations • Commercial facilities • Transportation • Telecommunications

13. Americans with Disabilities Actof 1990 (ADA) (cont.) • Title I of ADA • Contains the employment-related provisions • Prohibits discrimination against qualified individuals with disabilities • Title II of ADA • Prohibits disability-based discrimination by public entities whether or not they receive federal financial assistance

14. Defining “Disability” • Physical or mental impairment that substantially limits one or more of a person’s major life activities, or • A record of such an impairment, or • Being regarded (by a program, activity, training provider, employer, or other person or entity covered by the law) as having such an impairment.

15. Physical or Mental Impairment • Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems - neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genito-urinary, hemic and lymphatic, skin, endocrine OR • Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities

16. Physical or Mental Impairment (cont.) • Examples: orthopedic, visual, speech, and hearing impairments; cerebral palsy; epilepsy; muscular dystrophy; multiple sclerosis; cancer; heart disease; diabetes; mental retardation; emotional illness; specific learning disabilities; HIV; tuberculosis; drug addiction; and alcoholism. • Does not include: • Homosexuality or bisexuality • Simple physical characteristics (e.g., eye color) • Environmental, cultural, economic, or other disadvantages (e.g., being poor) • Age

17. EXAMPLES: Caring for one’s self Performing manual tasks Walking Seeing Hearing Speaking Breathing Learning Working RECOGNIZED BY COURTS & FEDERAL AGENCIES: Concentration Interacting with others Sleeping Reproducing Major Life Activities Activities affected by physical or mental impairment.

18. Substantially Limits • Impairment prevents or significantly restricts the performing of a major life activity

19. A Record of Such an Impairment • Includes documents showing that a person has a history of an impairment that substantially limited a major life activity • Includes persons who have been misclassified as having an impairment • Designed partly to protect individuals who have recovered from an impairment

20. Being Regarded as HavingSuch an Impairment • Has a physical or mental impairment that does not substantially limit major life activities but is treated by a recipient as constituting such a limitation • Has a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such an impairment • Has none of the impairments covered but is treated by a recipient as having such an impairment

21. Criteria for Individuals with a Disability • Every person with a disability is not eligible for WIA services • The laws discussed protect only qualified individuals with a disability.

22. Term to Know: Qualified Person with a Disability • Satisfies the requisite skills, experience, education, and other job-related requirements of the employment or training position that the individual holds or desires and who, with or without reasonable accommodation, can perform the essential functions of the position 5-21

23. Exceptions to the Definition of Individual with a Disability • Sexual behavior disorders • Current use of illegal drugs • Current alcohol abuse in the work setting • Current contagious disease or infection that affects job performance or safety

24. Examples of Discriminatory Actions • Denying a qualified individual with a disability the opportunity to participate in, or benefit from, a WIA activity because of their 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 or group with a disability any extra fees to cover the costs of accommodating the disability

25. What Recipients areNOT Required to Provide • 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

26. What is “Accessibility”? • Operating in a manner such that all programs and activities are readily available to individuals with disabilities • Requires recipients to do the following: • Not wait until a person with a disability asks to participate in a program or service • Plan ahead by anticipating the needs of persons with disabilities • Take action to provide for those needs

27. Two Types of Accessibility • Architectural accessibility:The physical modifications of facilities to accommodate use by individuals with disabilities • Parking lots and walkways • Buildings • Rooms • Indoor facilities (e.g., computer kiosk, office cubicle) • Alarm systems • Signs

28. Two Types of Accessibility (cont.) • Program accessibility: Setting up a program or activity in advance to be accessible to qualified persons with disabilities • Access for physical disabilities • Access for cognitive disabilities (e.g., reading instructions, quiet space, oral explanation, repetition of instructions, use of less complex words and sentences)

29. Reasonable Accommodation • Actions a recipient must take, at a time that a particular qualified person with a disability wants to take part in a program, based on that person’s individual needs

30. General Principles ofReasonable Accommodation • Individuals with known disabilities are entitled to reasonable accommodations for the application process or admissions process. • Once an applicant with a known disability is admitted, reasonable accommodations are changes that can be made to allow the individual to receive equal benefits. • For individuals with disabilities hired to work for the program, reasonable accommodations are changes that can be made to enable them to perform the essential functions of the job.

31. Undue Hardship:Significant Difficulty or Expense • Factors to consider • Type of accommodation asked for • Net cost of the accommodation • Overall size of the program • Overall financial resources • Effect that providing the accommodation would have on the program or facility’s ability to serve other customers and carry out its mission

32. Undue Hardship: What to Do • If a requested accommodation will cause undue hardship, the program must: • Prepare written statement of reasons underlying decision • Give copy of decision to the person requesting accommodation • Take steps that will not cause undue hardship to enable the person with a disability to participate in the program to the extent possible

33. Reasonable Accommodation:Time Period • Provide reasonable accommodations as quickly as possible – not more than 60 days • For structural changes, recipient must develop a transition plan in partnership with the person requesting the accommodation

34. Activity I:Accommodation/Accessibility Purpose: • To identify when a reasonable accommodation for access should be provided Task: • You are a member of the EO monitoring team. You’ve been asked to review cases and decide the appropriate accommodation. • Read the cases. Decide what is needed to achieve compliance. • Share your decision and explanation with the class. Time: • 20 minutes

35. Communications • Recipients must take appropriate steps to ensure that communications with individuals with disabilities are as effective as communications with persons without a disability.

36. Term to Know: Auxiliary Aids or Services • Effective means of making orally delivered materials available to individuals with hearing impairments. • Effective means of making visually delivered materials available to individuals with visual impairments. 5-35

37. Effective Communication • Give primary consideration to the requests or choice of the individual with the disability • Consider the wide-range of disabilities, auxiliary aids, and services • Ensure that information is provided as to the existence and location of accessible services, activities, and facilities • Use the international symbol for accessibility at each primary entrance of an accessible facility

38. Employment Practices & Employment-Related Training Participation Review of Job Qualifications (29 CFR Subpart B) • A recipient must develop and adhere to a schedule for reviewing the appropriateness of all job qualifications. • Review ensures that qualifications are related to job performance and safety.

39. Employment Practices & Employment-Related Training Participation (cont.) • Recipient may not ask an applicant whether he or she has a disability, or the severity of the disability. • Exceptions: • A recipient taking remedial action to correct the effects of past performance • Determining the extent to which the recipient is operating its WIA funded program or activity in a nondiscriminatory manner • For the purpose of collecting EO data Pre-employment or Pre-training Inquiries

40. Employment Practices & Employment-Related Training Participation (cont.) • When making inquires based on Exceptions, recipients should tell applicants: • Purpose • Voluntary • Confidentiality • Refusal will not result in adverse treatment Pre-employment or Pre-training Inquiries

41. Employment Practices & Employment-Related Training Participation (cont.) • Recipients may not make the results of a medical examination a condition for a job offer unless: • A medical examination is required for a job category • Results are not used to discriminate on the basis of disability • Information is confidential Pre-employment Medical Examinations

42. Employment Practices & Employment-Related Training Participation (cont.) • Supervisors and managers, to explain limitations on activities and arrange for reasonable accommodation • First aid and emergency personnel if the condition might require emergency treatment • Government officials investigating compliance with disability nondiscrimination laws Results of medical examinations can be disclosed only to:

43. Activity II:Disability-Related Requirements Purpose: • To determine if a training practice is appropriate Task: • You’re a member of the EO MOA review team. Review the memorandum on pre-employment medical inquiries that was submitted by the state as part of its documentation. • Individually: evaluate the procedure described in the memo, identify parts that are inconsistent with the guidance, and determine changes to be made • Discuss individual findings in your small group and come to a consensus on the changes required, if any. • Select a spokesperson to report out. Time: • 20 minutes

44. Supporting Documentation:Compliance with Disability Requirements Documentation describing how the state ensures that recipients: • Comply with requirements regarding prohibited discriminatory actions based on disability • Provide reasonable accommodation, reasonable modification, architectural accessibility and programmatic accessibility • Evaluate job/selection qualifications on a planned schedule. • Limit pre-selection medical inquiries per federal law. • Ensure confidentiality of medical information. • Communicate effectively with individuals with disabilities.

45. State’s Implementation ofDisability Requirements • Policy communications and directives to LWIA’s that instruct recipients how they are to comply with the disability requirements and Sec. 504 • Procedures and systems that support the implementation of compliance with disability requirements and Sec. 504 • Additional MOA requirements imposed by the State to implement compliance with disability requirements and Sec. 504

46. Methods of AdministrationMOA Element 5 Compliance with Disability Requirements and Section 504