Methods of Administration MOA Element 5

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Methods of AdministrationMOA Element 5

• Compliance with
• Disability Requirements and Section 504

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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

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Agenda (cont.)

• Presentation Communications
• Presentation Employment Practices and
• Employment-Related Training
• Participation
• Activity II Disability-Related Requirements
• Presentation Documentation
• Presentation States Implementation

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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

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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.

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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.

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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.

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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)

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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.

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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

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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.

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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

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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

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Defining Disability

1. Physical or mental impairment that substantially
   limits one or more of a persons major life
   activities, or
2. A record of such an impairment, or
3. Being regarded (by a program, activity, training
   provider, employer, or other person or entity
   covered by the law) as having such an impairment.

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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

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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

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Major Life Activities
Activities affected by physical or mental
impairment.

• RECOGNIZED BY
• COURTS FEDERAL
• AGENCIES
• Concentration
• Interacting with others
• Sleeping
• Reproducing

• EXAMPLES
• Caring for ones self
• Performing manual tasks
• Walking
• Seeing
• Hearing
• Speaking
• Breathing
• Learning
• Working

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Substantially Limits

• Impairment prevents or significantly restricts
  the performing of a major life activity

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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

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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

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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.

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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

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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

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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

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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

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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

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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

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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)

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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
  persons individual needs

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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.

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Undue HardshipSignificant 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 facilitys ability to
  serve other customers and carry out its mission

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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

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Reasonable AccommodationTime 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

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Activity IAccommodation/Accessibility

• Purpose
• To identify when a reasonable accommodation for
  access should be provided
• Task
• You are a member of the EO monitoring team.
  Youve 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

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Communications

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

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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.

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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

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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.

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Employment Practices Employment-Related
Training Participation (cont.)
Pre-employment or Pre-training Inquiries

• 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

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Employment Practices Employment-Related
Training Participation (cont.)
Pre-employment or Pre-training Inquiries

• When making inquires based on Exceptions,
  recipients should tell applicants
• Purpose
• Voluntary
• Confidentiality
• Refusal will not result in adverse treatment

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Employment Practices Employment-Related
Training Participation (cont.)
Pre-employment Medical Examinations

• 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

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Employment Practices Employment-Related
Training Participation (cont.)
Results of medical examinations can be disclosed
only to

• 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

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Activity IIDisability-Related Requirements

• Purpose
• To determine if a training practice is
  appropriate
• Task
• Youre 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

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Supporting DocumentationCompliance 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.

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States Implementation ofDisability Requirements

• Policy communications and directives to LWIAs
  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

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Methods of AdministrationMOA Element 5

• Compliance with
• Disability Requirements and Section 504