WIA Section 188 Disability Checklist Training

1
WIA Section 188 Disability Checklist Training

• Introduction to Element 5
• Compliance with Federal Disability
  Nondiscrimination Law

2
Equal treatment vs. equal opportunity

• Disability nondiscrimination laws are different
  from other civil rights laws
• Treating people with disabilities the same way as
  people without disabilities is not enough
• Legal duty to work with people with disabilities
  to make sure they have an equal opportunity to
  benefit from the program, activity, or job

3
Nondiscrimination vs.Equal Opportunity

• Recipients obligations include both
• actions that are prohibited (things you must not
  do) because they are discriminatory, and
• actions that are required (positive steps
  recipients must take) to level the playing field
  for people with disabilities in other words,
  provide equal opportunity

4
The overarching principle of disability
nondiscrimination law is that people with
disabilities must be treated as individuals,
not on the basis of assumptions and stereotypes
about their disabilities
5
General principles underlying disability
nondiscrimination laws

• Under these laws, One-Stop recipients
• should focus on
• the individual customers/employees abilities
• the accommodations and auxiliary aids and
  services s/he needs in order to use those
  abilities
• should not focus on
• the limitations caused by the customers/employee
  s disability

6
What Federal laws apply?

• Several different Federal disability
  nondiscrimination laws apply to each WIA
  recipient
• You need to know about all the laws that apply
  to each recipient

7
What Federal laws apply? (contd)

• Workforce Investment Act of 1998 (WIA), Section
  188 (29 U.S.C. 2938)
• Implementing regulations 29 CFR part 37
• Bar disability-based discrimination and
• Require equal opportunity for people with
  disabilities through
• individualized treatment
• positive actions (e.g., reasonable accommodation)

8
What Federal laws apply? (contd)

• WIA Section 188 and regs (contd)
• Apply to
• All programs and activities
• offered by One-Stop partners
• through One-Stop delivery system
• Doesnt matter if program/activity is physically
  located in One-Stop Center

9
What Federal laws apply? (contd)

• Other applicable Federal laws
• Section 504 of the Rehabilitation Act of 1973, as
  amended (29 U.S.C. 794)
• Implementing regulations 29 CFR part 32
• Applies to all recipients of Federal financial
  assistance from DOL
• The Americans with Disabilities Act of 1990, as
  amended (42 U.S.C. 12101 et seq.) (known as
  the ADA)

10
Handicapped vs. Individual (or Person) with a
Disability

• DOLs Section 504 regulations (29 CFR part 32)
  have not yet been amended to replace the term
  handicap with disability
• However, the term handicapped is unacceptable
  and should not be used
• Use people first language (person with a
  disability, people who are blind) not the
  blind or the disabled

11
Whos protected from discrimination under these
laws?

• Three categories of protected individuals
• An individual person who . . .
• has an actual, current disability
• has a record of a past disability
• has been regarded as having a disability

12
Category One Is the individual a person with
an actual, current disability?

• Does the person have a physical or mental
  impairment?
• Does the impairment affect one or more of his/her
  major life activities?
• Is the effect a substantial limitation?

13
Term to Know 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)
• Source 29 CFR 37.4, definition of disability,
  paragraph (1)(i)(A)

• cardiovascular
• reproductive
• digestive
• genitourinary
• hemic and lymphatic
• skin
• endocrine

5-12
14
Physical or Mental Impairment (cont.)

• Any mental or psychological disorder, such as
• mental retardation
• organic brain syndrome
• emotional or mental illness
• specific learning disabilities
• Source 29 CFR 37.4, definition of disability,
  paragraph (1)(i)(B)

15
Physical or Mental Impairment (cont.)
Examples

• Various types of impairments
• orthopedic
• visual
• speech
• hearing
• Cerebral palsy
• Epilepsy
• Muscular dystrophy
• Multiple sclerosis

• Cancer
• Heart disease
• Diabetes
• Mental retardation
• Emotional illness
• Specific learning disabilities
• HIV
• tuberculosis
• Drug addiction
• Alcoholism

16
Term to Know Major Life Activity

• Supreme Court says its an activity of central
  importance to daily life
• Examples Caring for ones self, performing
  manual tasks, walking, seeing, hearing, speaking,
  breathing, learning
• Working is questionable

5-15
17
Term to Know Substantial Limitation

• Not all limitations are substantial enough to
  constitute a disability!
• In general, a substantial limitation either
• Prevents the person from performing an activity
  that the average person can perform, or
• Significantly restricts the person in performing
  such an activity (as compared to the average
  person)

5-16
18
What constitutes a significant restriction?

• Look at whether/how much the impairment
  restricts
• the conditions under which the person can perform
  the activity
• the manner (way) in which s/he can perform the
  activity
• the duration (length of time) for which s/he can
  perform the activity

19
Must take mitigating measures into
consideration

• Medication, devices (crutches, prostheses),
  anything else that mitigates (lessens) the effect
  of disability
• You must take both positive and negative effects
  into consideration

20
Category Two Is the individual a person with a
record of a disability?

• Past history of a genuine disability
• Misclassified as having a disability
• The record or misclassification has to meet the
  three elements of an actual disability
  (impairment, major life activity, substantial
  limitation)

21
Category Three Has the person been regarded as
having a disability?

• Has an impairment, but
• Impairment doesnt substantially limit a major
  life activity, or
• Impairs a major life activity because of other
  peoples attitudes
• Doesnt have an impairment, but is treated as
  having one

22
Exceptions to the Definition of Individual with
a Disability

• In all contexts
• Specific sexual / psychological disorders
• Current illegal use of drugs
• In employment context
• Either
• Current alcohol abuse, or
• Currently contagious disease or infection
• That
• Prevents the person from performing job duties,
  or
• Makes the person a direct threat to health /
  safety

23
Is the person with a disability qualified?

• To be protected from discrimination (and entitled
  to equal opportunity / positive actions) under
  Federal law, the person with a disability must be
  qualified for the program, activity, or job

24
Term to Know Qualified Person with a Disability

• For aid/benefits/services/training the person
  must meet the essential eligibility requirements
  of the program or activity
• For employment s/he must be capable of
  performing the essential functions of the
  specific job
• In either case, take reasonable accommodations /
  modifications into account
• Dont pay attention to barriers (architectural,
  transportation, etc.)

5-23
25
Group ExerciseIs this person protected?

• Purpose
• To identify when an individual is a qualified
  person with a disability
• Task
• You are a member of the EO monitoring team.
  Youve been asked to review several cases in
  which a person has filed a complaint claiming
  that s/he is a person with a disability.
• Read the cases. Decide whether each person is
  protected from discrimination under the
  principles weve been discussing (Federal and
  State).
• Share your decision about each case with the
  class, and explain your reasoning.

26
Any questions?