Accessibility and Transition for Individuals with Disabilities in the Workforce System

Overview of

Section 504 of the Rehabilitation Act of 1973 Americans with Disabilities Act

Section 188 of the Workforce Investment Act

DEPARTMENT OF LABOR AND INDUSTRYOFFICE OF EQUAL OPPORTUNITY

Merry Grace Majors, Director Autro Hesth, Chief Federal Programs

Crystal V. Adams, OVR Federal Programs Julia Cortez-Gunay, CareerLink/U.C. Service Centers

(717) 787-1182

Introduction

This session will identify essential requirements under Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act and Sec.188 of WIA as the states and their recipients ensure equal opportunity to persons with disabilities participating in programs or activities receiving federal financial assistance.

Section 504

Section 504 of the Rehabilitation Act, is a civil rights law that bars discrimination against people with disabilities in Federally Financially Assisted Programs.

504 incorporates all relevant information you need to stay in compliance.

ADA

The Americans with Disabilities Act (ADA) of 1990 prohibits discrimination based on disability by private employers, state, and local governments, mass transit agencies and public accommodations.

This landmark civil rights laws provides “a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.”

ADA HAS FIVE TITLES

Employment (Title 1)

Public Services and Transportation

(Title II)

Public Accommodation (Title III)

Telecommunication (Title IV)

Other Provisions (Title V)

EMPLOYMENT

504 prohibits employers from discriminating against qualified individuals with disabilities in all employment related decisions in federally financially assisted programs, including, but not limited to recruitment, hiring, promotion, awards of tenure, layoff and rehiring, compensation, job assignments, leave fringe benefits, training and employer sponsored activities.

504/ADA QUALIFIED DISABILITY

A person must have a condition that substantially limits a major life activity, history of such a condition, or be regarded as having such a condition.

Be able to perform the essential functions of a job or meet the essential eligibility requirements of the program or public accommodation, with or without an accommodation for his or her condition.

Workforce Investment Act (WIA) of 1998, Section 188 and 29 CFR Part 37

The Workforce Investment Act of 1998 reformed the nation’s job training system. WIA required that states and local areas receiving federal financial assistance offer a range of different job training, education, and other human resource programs, through the One-Stop system.

Section 188 of WIA

Individuals with disabilities must be provided with reasonable accommodations and modifications for their disabilities.

Sec. 188 also requires that individuals with disabilities be given service alongside people without disabilities.

29 CFR (Code of Federal Regulations ) Part 37

The purpose of this part is to implement the nondiscrimination and equal opportunity provisions of the Workforce Investment Act of 1998 (WIA), which are contained in section 188 of WIA.

Methods Of Administration Under WIAMOA is a document that specifically describes the policies, procedures, and systems that will ensure states and their recipients are and will continue, to meet the requirements of the Workforce Investment Act (WIA Section 188 and 29 CFR Part 37.

What are the element of the MOA?1. Designation of Equal Opportunity Officers

2. Equal Opportunity Notice & Communication

3. Assurance

4. Universal Access

5. Compliance with Section 504

6. Data Collection & Record Keeping

7. Monitoring

8. Complaint Processing Procedures

9. Corrective Actions/Sanctions Procedures

Federal GovernmentRECIPIENTS $$$$$$

WIA State

CareerLinks (One Stops)

Local Workforce Investment Boards have a critical role in ensuring that Team Pennsylvania CareerLink comprehensive sites and mini centers are able to serve persons with disabilities. With the implementation of the Workforce Investment Act, local Workforce Investment Boards are now responsible for chartering local centers. A charter is the license for a site to operate under the CareerLink brand name

At a minimum, the local chartering process must utilize the minimum criteria established by the Pennsylvania Workforce Investment Board to be consistent with the State Plan. In order to meet Level I charting criteria, a site must be in compliance with 504/ADA. All federal 504/ADA compliance requirements must be met before a center is eligible to receive the CareerLink Charter or utilize the CareerLink name or official access point signage.

Office of Vocational Rehabilitation

Is a state agency that helps persons with disabilities help themselves to prepare for, start, and maintain a career.

OVR, in partnership with CareerLinks, assures that people with disabilities who are qualified individuals receive access to programs and activities alongside those without disabilities.

AccessibilityReviewing sites before they officially open eliminates many of the deficiencies that normally would occur when you have an Equal Opportunity Review which includes accessibility.Check for parking, proper signs, ramps, width of door, restrooms, coat racks, accessible equipment, auxiliary aids, alarms, alternate formats for communication such as Braille, etc.

NOTICE &COMMUNICATION

Ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others.Furnish appropriate auxiliary aids and services where necessary.Give primary consideration to the requests of the individuals with disabilities.

CareerLinks in Pennsylvania have developed creative ways to meet this obligation.In some sites, small libraries have been set up with material in Braille that provides information such as job announcements, job fairs and civil service announcements. Lists of qualified interpreters have been developed with easy access to readers.

Universal Access

Recipients must take reasonable steps to include members of varying diverse groups in their programs or activities such as recruitment and outreach.

Steps may include advertising in targeted media or sending notices to and consulting with appropriate community organizations.

Pennsylvania, just as most states, is very diversified. When my office has a job fair, we go right out in the communities and post notices.

Our announcements and advertisements make it clear to individuals with disabilities that they are welcome.

OBLIGATION NOT TO DISCRIMINATE ON THE BASIS OF DISABILITY :

Provide reasonable accommodationProvide reasonable modifications to policies, practices and procedures related to registration and orientation, initial screening, assessment, testing, service delivery, and continuous improvement.Administer programs and activities in the most integrated setting appropriate.

This message is very important to get across to training providers. Many of them do not understand the extent that accessibility covers. Therefore, training sessions are set-up for providers so that their programs and facilities are assured to be accessible to individuals with disabilities.

OBLIGATION (CONTINUED)

Communicate with persons with disabilities as effectively as with non disabled persons.

Provide architectural accessibility for individuals with disabilities. (29 CFR 32.28)

Provide programs accessibility for persons with disabilities. 29 CFR 32.27

Use nondiscriminatory employment practices.

DISCRIMINATION

504/ADA prohibits state and local governments from discriminating against qualified individuals with disabilities in any program, service or activity they offer.

The U.S. Justice Department has government wide responsibility for enforcing the 504/ADA laws as they apply to state and local government.

Complainant Processing Procedures

Have a written policy in place setting forth the complaint resolution procedures prescribed by the regulations, including the means by with the Complaint processing procedure is made available to individuals with visual and cognitive impairments. [See 29 CFR 37.54 (d)(1)(v)]

Conform to the requirements of 29.CFR 37.7

Provide:Reasonable accommodation

Reasonable modifications

Architectural accessibility

Programmatic accessibility

RECIPIENTS MUST

Self-Evaluations

Evaluate current policies and practices and their effects on persons with disabilities,Take remedial steps to eliminate the effects of any discriminationConsult with interested parties such as individuals with disabilities and organizations representing persons with disabilities. Pennsylvania encourages self evaluation. Our office will walk sites through the process of evaluating the programs.

Summary

You must be able to accommodate qualified individuals with a disability.States should communicate with one another to help develop best practices.Include people from the disabled communities when assessing buildings and programs and making decisions about modifications.

to Get More Information

29 CFR Part 3728 CFR Part 35 and 3629 CFR Part 32Section 188 of WIA

Equal Opportunity OfficerLocal Workforce Investment AreaOffice of Equal OpportunityAutro Heath, Chief Federal ProgramsCrystal V. Adams, EOS II, Federal Programs/OVR (717)-787-1182

Questions

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