# Presentation: 734596

## 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 INDUSTRY
- OFFICE 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.

**Notes:**
I am going to be talking about Team Pennsylvania CareerLinks and how Pennsylvania is servicing individuals with disabilities.  Most of you know them as One-stops.
Pennsylvania has CareerLinks and Unemployment Compensation Service Centers, that operate much like the one stops operate.

## 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.

**Notes:**
Employment accommodations
Accessibility standards
Self-evaluation tools
Architectural Accessibility Requirements
Complaint Procedures

## 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.”

**Notes:**
The prototypes for the ADA are the Civil Rights Act of 1964, which prohibits discrimination based on race, color, gender, religion and national origin in employment, public accommodations and the provision of state and local government services, and Sec. 504 of the Rehabilitation Act of 1973, which prohibits federal fund recipients from discrimination based  on 
Disability.
The ADA does not reduce the scope of coverage or apply a lesser standard than is required by Sec. 504.
Much of the language in the ADA, including key terms such as “reasonable accommodation”,undue hardship” come directly from Section 504.

## ADA HAS FIVE TITLES

**Employment (Title 1)**
-  **Public Services and Transportation **
**          ****(Title II)**
**Public Accommodation (Title III) **
**Telecommunication (Title IV)**
**  ****Other Provisions (Title V) **

**Notes:**
Title 1  the ADA prohibits employers with 15 or more employees from discriminating against job applicants and workers who are disabled.  The law covers all aspects of employment, including the application process and hiring. Medical examination, the work environment , on-the-job training, advancement and wages, benefits including insurance, and employer sponsored activities and programs.  

Title II 
Prohibits state and local governments from discriminating against people with disabilities in their program and activities.  Program accessibility must be provided in existing facilities, while new and altered facilities must be readily accessible by people with disabilities.  The law requires bus and rail transportation to be accessible to passengers with disabilities. 

## 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.

**Notes:**
Only qualified individuals with disabilities are covered by the 504.  The EEOC regulations define a person as “an individual with a disability who satisfies the requisite skill, experience, education and other job-related requirements of the employment position as such individual holds or desires, and who with or without reasonable accommodation, can perform the essential functions of such position” 

In other words, if an applicant for a job as a lawyer or doctor is not licensed to practice, that person is not qualified for the job and the issue of disability is never reached.

Employers must determine whether the individual with a disability is qualified at the time of the hiring decision, based on the person’s present capabilities.  Employers should not make decisions based on speculation about what may happen in the future or concern about increased insurance premiums or workers compensation.

## 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.

**Notes:**
In addition, for the purposes of receiving services, education or training, qualified individuals with disabilities are persons who meet normal and essential eligibility requirements.

## 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.

**Notes:**
In Pennsylvania, we are a little different in that our one-stops are called CareerLinks and Unemployment Compensation Service Centers or UCSC.

## 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.

**Notes:**
Sec. 188 of WIA bars discrimination on the basis of disability in programs, services, and employment, including the application process.
Include modifications or adjustments: To a job application process;
That enable the employee with a disability to enjoy benefits and privileges of employment
To the work environment or the manner or circumstances under which the position is customarily performed; or
Employment equal to those of similarly situated employees without disabilities.  (29 C.F.R. Sec. 1630.2(0)(1)).

Reasonable accommodation may include making existing facilities accessible, job restructuring, modified work schedule, etc..
The accommodation does not have to be the one the employee asked for if an alternative does the job of providing an equal opportunity.
Only qualified individual are eligible for reasonable accommodation. 
UNDUE HARDSHIP
Employers are not required to provide reasonable accommodations that would cause an undue hardship to their business.
EEOC (29 C.F.R. Sec 1630.2(p)) defines an undue hardship as an action that requires significant difficulty or expense.

## 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.

**Notes:**
The Civil Rights Center (CRC), in the Office of the Assistant Secretary for Administration and Management, is responsible for administering and enforcing the nondiscrimination and equal opportunity provisions of WIA and this part, and for developing and issuing policies, standards, guidance, and procedures for effecting compliance. 

## Methods Of Administration Under WIA

- MOA  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.

**Notes:**
The MOA must address each element and provide supporting documentation
The MOA must be signed by the Governor  or their delegate
The Governor is responsible for oversight of all WIA assisted state programs, including ensuring compliance with the nondiscrimination and equal opportunity provisions of WIA and negotiating with a recipient to secure voluntary compliance, when appropriate.
The MOA must give a reasonable guarantee of compliance with the Equal Opportunity Provisions of the Workforce investment Act.

## What are the element of the MOA?

- Designation of Equal Opportunity Officers
- Equal Opportunity Notice & Communication
- Assurance
- Universal Access
- Compliance with Section 504
- Data Collection & Record Keeping
- Monitoring
- Complaint Processing Procedures
- Corrective Actions/Sanctions Procedures

**Notes:**
Each state is responsible for their own MOA but must include the nine elements shown here.  As recipients in federally assisted programs, you must comply with WIA regulations.  This means every partner at a One stop, or in the case of Pennsylvania  every CareerLink must comply with WIA
One stops or in the case of PA CareerLinks must have all these elements in place.

## Federal Government

- RECIPIENTS                 $$$$$$
- WIA                                      State

**Notes:**
In Pennsylvania State level agencies that administer or are financed in whole or part with WIA Title 1 funds
State and Local Investment Boards
LWIA grant recipients
Training contractors
Service providers including training providers.

## 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

**Notes:**
So Before a site officially opens, The charting process takes place.  A team from 
CareerLink Accessibility Review Team that included representatives from the Department of Labor & Industry’s Office of Vocational Rehabilitation (OVR), Office of Equal Opportunity (OEO), and Bureau of Occupational and Industrial Safety (BOIS) and a person from the disabled community.
The site is checked for Accessibility starting from the parking lot and parking . The Americans With Disabilities Act Checklist for Readily Achievable Barrier Removal is used to assure sites meet the minimum requirements for ADA and 504.

- 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 **C*****areerLink ***Charter or utilize the ***CareerLink*** name or official access point signage.

**Notes:**
Keep in mind this is just Pennsylvania I am talking about and the practice that is used in this state.    This review do not not replace the EO Review that is done after the opening.  It Accessibility reviews make it puts in place the clear that  

## 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.

**Notes:**
More and more we are finding individuals with disabilities entering into the workforce. 
Regulations requires us to be ready and accessible when they come.
OVR assists the CareerLinks with information that helps in the service of the people who come into the sites with disabilities if needed. 

## 		Accessibility

- Reviewing 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.

**Notes:**
This is an assurance that the facility is readily accessible for individuals with disabilities.

## 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. 

- 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.

**Notes:**
One inexpensive way to service Blind people is to have readers in place if an interpreter is not available at that particular moment.  Be sure to ask the customer if a reader is ok with them.

## 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.

**Notes:**
This may include going into neighborhood where English is the second language.  But people in these communities may have qualified people with disabilities also.

## OBLIGATION NOT TO DISCRIMINATE ON THE BASIS OF DISABILITY :

- Provide reasonable accommodation
- Provide 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.

**Notes:**
Pennsylvania’s Workforce Development Partnership has  numerous session with training providers assure that they meet the obligations set forth by WIA sec. 188.

## 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

- 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 discrimination
- Consult 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.

**Notes:**
An example: Medical Assistant School does not need a ramp because people in wheel chairs can’t be Medical Assistants so they will not need the training.
By doing this they can correct any need barriers that may occur before someone with a disability has a problem with it.

## 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 37
- 28 CFR Part 35 and 36
- 29 CFR Part 32
- Section 188 of WIA
**Equal Opportunity Officer**
**Local Workforce Investment Area**
**Office of Equal Opportunity**
**Autro Heath, Chief Federal Programs**
**Crystal V. Adams, EOS II, Federal Programs/OVR **
**                           ****(717)-787-1182**

## Questions

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