# Presentation: 411148

## ADASec. 504 of the Rehab. ActSec. 188 of WIAAnd The New Equal Opportunity Officer

**DEPARTMENT OF LABOR AND INDUSTRY**
**OFFICE OF EQUAL OPPORTUNITY**
**Autro Heath, Director **
**Crystal V. Adams, (**_[cradams@state.pa.us](mailto:cradams@state.pa.us)__) Chief Federal Programs_
**Ina Strain, OVR**
**Gloria Forero-Chaves****, CareerLink/U.C. Service Centers    **

## Introduction 

- This session will identify essential responsibilities and requirements of EO Officers concerning ADA, Section 504 of the Rehabilitation Act  and 188 of WIA as the State and its recipients ensure equal opportunity to persons with disabilities participating in programs or activities receiving financial assistance for the federal government.

- Section 504 of the Rehab. Act of 1973 is a national law that protects qualified individuals from discrimination based on their disability.  It defines the rights of individuals with disabilities to participate in, and have access to programs, benefits and services.  This law applies to to employers and organizations that receive financial assistance from the Federal  Government.

- The requirements are modeled on the ADA Title II regulations in order to ensure that requirements under Sec. 188 follow generally the requirements of Title II  of the ADA.
- Modeling the WIA regulations on the ADA Title II regulations ensures that the recipients are subject to similar obligations and responsibilities under both laws.
**As the EO Officer you are required to train, to monitor, and ensure that all CareerLink/UCSC and LWIA sites are in compliance with ADA, Sec. 504 and  Sec. 188 WIA Guidelines****.  **

## Training Sec. 504  and Sec. 188 of WIA

- Local Workforce Investment Areas
- OVR
- Training Providers and Vendors
- CareerLinks/UCSC (One –Stops)
- Labor and Industry Staff
**All of areas that receive Federal dollars.**

## MonitoringSec. 504 & Sec 188 WIA

- LWIA
- Training Providers
- CareerLinks/UCSC
- OVR
- 	**EO Officers are to conduct routine TA and ADA Compliance reviews.  Check data collection reports, check equipment, check advertising and ensure all clients are given a fair chance to participate programs and activities that are Federally assisted.**

**Notes:**
Compliance with ADA Guidelines.  
In Pennsylvania
Reviews
Charting Process
Follow-up
Compliance
Teams: EO-OVR-LWIA-Disabled Community
Reports-Corrective Actions

## NOTICE & COMMUNICATION

- Ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others.
- Make sure furnished appropriate auxiliary aids and services where necessary.
- Give primary consideration to the requests of the individual with disabilities.
**	****As an EO Officer, monitoring these area will help keep complaints from being filed.**

**Notes:**
EO Policies should be in place and posted.  AS EO officers you must make sure these policies and procedures are where they can be seen.  EO Officers need to make sure their site understand their obligations to individuals with disabilities.

## Universal  Access

-    **As EO Officer** you ensure recipients take reasonable steps to include members of varying demographics groups in their programs or activities such as recruitment, outreach and targeting.
-    Steps may include advertising in target media or sending notices to and consulting with appropriate community organizations.

**Notes:**
A recipient of Federal financial assistance may not, on the basis of disability:  
Deny qualified individuals the opportunity to participator in or benefit from federally funded  programs, services, or services.
Deny access to programs, services, benefits or opportunities to participate as a result of physical barriers.
Deny employment opportunities, including hiring, promotion, training and fringe benefits, for which they are otherwise entitled or qualified.....   

Tag Lines for people with disabilities
This is why you must monitor 

## Accessibility vs. Reasonable Accommodations

- Providing **accessibility**: taking generalized action _in advance_ (so you’ll be ready for people with disabilities)
- Not tied to a particular person with a disability
- Providing **reasonable accommodation: **taking _individualized action when a particular person_* *with a disability seeks aid, benefits, services, training, or employment.

## Federal Standards for Architectural Accessibility

- Two different sets of Federal Standards exist:
- Uniform Federal Accessibility Standards  (UFAS) – 41 CFR 101-19.6
- Americans with Disability Act Accessibility Guidelines  (ADAAG)

## Which one do you use?

- DOL Section 504 regs say UFAS
- But the regs also allow “alternative standards” to be used if they will allow “equivalent or greater access”
- So you may use either UFAS or ADAAG

**Notes:**
Pennsylvania uses ADAAG  

This tool is used in performing Accessibility reviews when we are CL are up for charter

## Programmatic Accessibility

- As EO Officers you must make sure programs or activities must be accessible when viewed in it’s entirety.
- Every aspect of your programs or activities must be accessible
- Examples: enrollment, assessment, training courses, recreation/leisure time activities, etc...

- You may have to:
- Redesign equipment
- Move classes or other services to accessible locations
- Assign aides to assist customers/employees
- Your input as EO Officers is very critical

## 188 Disability Checklist

- Help ensure nondiscrimination *and* equal opportunity for persons with disabilities in the federally assisted programs.
- Provide practical tips and suggestions to help you comply with Federal requirements

**Notes:**
The 188 Check list is a useful tool that will help you stay on the right track.

## Ways to Use Checklist

- As a tool for use in compliance reviews
- As the basis for a Disability Self-Evaluation Tool distributed to States and returned to CRC
- As a training tool

**Notes:**
The Checklist as training tool
Useful method of introducing disability-related obligations
EO Officers
Disability Program Navigators
Job Corps Regional and Center Directors
More intensive training:  before compliance reviews

The Checklist as basis forDisability Self-Evaluation Tool
Tool language based directly on Checklist 
Tool distributed to States/State-level WIA agencies
Required to be filled out, returned to CRC last year
CRC is evaluating responses 

The Checklist as toolfor compliance reviews
Compliance initiative designed to:
Assess system’s success in:
Complying with disability-related requirements
Serving customers with disabilities
Identify effective/promising practices
Identify need for, and supply, technical assistance

## Complaint Processing Procedures

- Ensure and monitor written policies are 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)]

## Summary

- Ensuring recipients be able to accommodate qualified individuals with a disability.
- Examples:
-       Ramps, parking, restrooms, auxiliary aides, large print, intergraded setting, computers, audio-visual fire alarms, assignments etc...

## Get More Information

- 29 CFR Part 37
- 28 CFR Part 35 and 36
- 29 CFR Part 32
- Section 188 of WIA
**Office of Equal Opportunity**
**Autro Heath, Director**
**Crystal Adams, Chief of Federal Programs**
**Ina Strain/OVR Programs**
**Gloria Forero-Chaves, ****CareerLink/U.C. Service Centers**
**                           ****717-787-1182**