Job Corps Training Job Corps Disability Obligations Under REHABILITATION ACT OF 1973 AMERICANS WITH DISABILITIES ACT OF 1990 WORKFORCE INVESTMENT ACT

2 Disability laws to which Job Corps is subject include... Rehabilitation Act of 1973 §503 (Affirmative Action) §504 (Federal financial assistance) §508 (Adaptive technology) Americans with Disabilities Act of 1990 Title I -- Employment Title II -- State and local programs Title III -- Public accommodations Section 188 of Workforce Investment Act

3 Affirmative Obligations  Assurances – 29 CFR through  Equal Opportunity Officer – 29 CFR through  Notice and Communication – 29 CFR through  Data and Information Collection and Maintenance – 29 CFR through  Universal Access – 29 CFR  Complaint processing procedures – 29 CFR through 37.80

4 Job Corps may not, based upon disability,...  Deny the opportunity to participate,  Afford an opportunity to participate that is not equal to that afforded others,  Provide training that is not as effective in affording an equal opportunity to obtain the same result,  Deny an opportunity to participate in programs, despite the existence of special programs.

5 Job Corps may not, based upon disability,...  Provide different, segregated, or separate training,  Perpetuate discrimination through contracts, etc.,  Impose eligibility criteria that may screen out,  Training must be provided in most integrated setting.

6 Reasonable Accommodation/Modification  Job Corps must: Reasonably accommodate the individual needs of qualified individuals with disabilities, to allow them to effectively participate in Job Corps, unless to do so would impose an undue hardship Reasonably modify policies, practices and procedures to avoid discrimination, unless to do so would fundamentally alter the basic nature of the program or activity.

7 Reasonable Accommodation: Modifications/Adjustments... To the application/registration process To enable a qualified individual with a disability to perform the essential functions of the job, or to receive aid, benefits, services, or training To enable a qualified individual with a disability to enjoy the same aid, benefits, services, or training

8 Examples of Reasonable Accommodation  Making existing facilities readily accessible to and usable by individuals with disabilities  Restructuring a job or the way training is provided, e.g. Part time or modified work or training schedules Acquisition or modification of equipment or devices Adjustment or modification of exams, training materials Provision of readers or interpreters

9 Undue Hardship  Significant difficulty or expense, in light of -- Nature and net cost, taking into consideration outside funding/tax credits Overall financial resources of facility Overall financial resources of recipient Type of operation or operations of the recipient Impact of the accommodation on operation of the facility or facilities

10 Fundamental Alteration  A change in the essential nature of a program or activity  A cost that a recipient can demonstrate would result in an undue burden  Factors in determining fundamental alteration are those delineated under the definition of undue hardship

11 Documenting Undue Hardship/ Fundamental Alteration  Recipient must prove that accommodation/ alteration would result in undue hardship/ fundamental alteration  Recipient must consider factors listed in 29 CFR 37.4  Decision must be in writing, copy to requestor  Must take any action that would not result in undue hardship/fundamental alteration

12 Effective Communication Communication must be as effective as with others Recipients provide auxiliary aids/services Telephone system must include a system that is equally effective, such as TTY/TDD or relay Individuals with disabilities who are interested in programs can obtain information about existence/location of programs Signage

13 Disability Employment Discrimination Prohibited  29 CFR part 32 subpart B Prohibits discrimination in employment and employment related training Requires reasonable accommodation (Supplemented by 29 CFR 37.8) Requires review of job qualifications Governs pre-employment medical inquiries

14 Pre-employment medical inquiries prohibited  Pre-employment medical inquiries: Apply to all employment and employment related training May not be made before conditional offer of employment/participation Must be made to all in same job/training

15 Characteristics of acceptable medical examination  Medical examinations Performed by physician qualified to make functional assessment Exam results must be specific and objective, susceptible to review May not be used to screen out qualified individuals with disabilities, but to provide proper placement and reasonable accommodation Results transmitted to employing official and applicant

16 Confidentiality of medical information  Confidentiality of information collected Maintained on a separate form Confidential, except to:  Employing official, after conditional offer has been made to applicant  Supervisors and managers where there are work restrictions or reasonable accommodations have been made  First aid and safety personnel if the condition might require emergency treatment  Government officials investigating compliance with Section 504

17 Program Accessibility Under Sec. 504  Exclusion because a facility is inaccessible or unusable is prohibited  Programs or activities, when viewed in their entirety, must be accessible Two applications: Existing facilities All programs or activities of the recipient must be available to qualified individuals with disabilities

18 Architectural Accessibility  Requires that new construction and alterations to existing facilities be “readily accessible to and usable by” qualified individuals with disabilities  Current §504 standard Uniform Federal Accessibility Standards (UFAS) Alternative standards may be used if they provide equivalent or greater accommodation

19 Existing Facilities/ADA Title III Removal of Barriers  Removal of barriers (inc. architectural and communication) required if “readily achievable”  Readily achievable means: Easily accomplishable and Able to be carried out without much difficulty or expense

20 Examples of Steps to Remove Barriers  Installing ramps  Making curb cuts in sidewalks and entrances  Rearranging tables, chairs, vending machines, display racks, and other furniture  Widening doors, installing accessible door hardware

21 Priorities in Barrier Removal Priority 1: Provide access from sidewalks, parking or public transportation Priority 2: Provide access to those areas where goods, services are made available Priority 3: Provide access to restroom facilities Priority 4: Take any other measure to provide access to good, services, facilities, etc.

22 Section 508 Federal agencies’ electronic and information technology to be accessible to and usable by:  Federal employees with disabilities  Members of the public seeking information or services Includes standards for:  Mechanically operated controls, keyboards or keypads  Non-embedded software applications and operating systems  Web-based information or applications  Telecommunications functions  Video or multimedia products  Information kiosks and transaction machines

23 Resources  CRC:  EEOC:  DOJ:  Architectural and Transportation Barriers Compliance Board (ATBCB):  ATBCB’s proposed implementation of section 508 of the Rehabilitation Act: