Laws that Guide the Inclusion of People with Disabilities National Service Inclusion Project

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We will: 1.Learn about the latest CNCS and other federal initiative updates on disability inclusion 2.Get acquainted with important aspects of legal responsibilities related to national and community service 3.Identify where and how to get further assistance 4.Brainstorm and develop action plans that will continue to enhance disability-related accessibility and accommodations

“Disability” as Defined by Section 504 of the Rehabilitation Act & the Americans with Disabilities Act A physical or mental impairment that substantially limits one or more major life activities A record of such an impairment Being regarded as having such an impairment, even when no limitations exist

Major life activities include, but are not limited to: caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, working, sitting, standing, lifting, reaching, sleeping and mental/emotional processes such as thinking, concentrating and interacting with others. “Major Life Activity” anything an average person can do with little or no difficulty… US EEOC

“Qualified Individual” An individual with a disability who, with or without reasonable accommodations, can perform the essential functions of the position. Just like participants without disabilities, the individual must meet the qualifications the program has in place.

“Qualified” Does the individual meet necessary prerequisites for the job, such as: education work experience training skills licenses certificates other job-related requirements, such as good judgment or ability to work with other people

An accommodation… is any change in the service environment or in the way things are customarily done that enables an individual with a disability to enjoy equal service opportunities. The U.S. Equal Employment Opportunity Commission, October 17, What is reasonable accommodation ? …adapting the service site or position functions for a qualified person with a disability to enable an individual with a disability to enjoy equal opportunities. This does not mean that the program must lower the standards of work for the position or change the job requirements. There are three categories of reasonable accommodations:

Modifications or adjustments to an application process to permit an individual with a disability to be considered for a position (such as providing application forms in alternative formats like large print or Braille); Modifications or adjustments necessary to enable a qualified individual with a disability to perform the essential functions of the position(such as providing sign language interpreters); and Modifications or adjustments that enable individuals with disabilities to enjoy equal benefits and privileges of service and volunteering (such as removing physical barriers in a cafeteria or lounge).

Excerpt from Section ~ Reasonable Accommodation "The obligation to make reasonable accommodation is a form of non- discrimination...This obligation does not extend to the provision of adjustments or modifications that are primarily for the personal benefit of the individual with a disability. Thus, if an adjustment or modification is job-related, e.g., specifically assists the individual in performing the duties of a particular job, it will be considered a type of reasonable accommodation. On the other hand, if an adjustment or modification assists the individual throughout his or her daily activities, on and off the job, it will be considered a personal item that is not required to provided. Accordingly, a program would generally not be required to provide an individual with a disability with a prosthetic limb, wheelchair, or eyeglasses. Nor would a program have to provide as an accommodation any amenity or convenience that is not job-related, such as a private hot plate, hot pot or refrigerator that is not provided to employees without disabilities.”

Domestic Volunteer Service Act and National & Community Service Act An individual with responsibility for the operation of program/project that receives assistance under this Act/subchapter shall not discriminate against a participant in, or member of the staff of, such program on the basis of… disability, if the participants or member is a qualified individual with a disability.

Section 504 of the Rehablitation Act of 1973 “No otherwise qualified disabled individual in the United States… shall, solely by reason of his or her disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”

Americans with Disabilities Act of 1990 The ADA prohibits discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications. It also applies to the United States Congress. To be protected by the ADA, one must have a disability or have a relationship or association with an individual with a disability.

Section 504 & ADA Intent Ensure non-discrimination against people with disability Ensure equal access and opportunity

Rehabilitation Act Applies to: 1.Federally conducted programs 2.Federal contractors and grantees 3.Federally assisted programs

Section 504 of the Rehabilitation Act of 1973 Key Concepts: –“Program or activity” –“Federal Financial Assistance” –“Beneficiary”

“Program or Activity” All Operations of: a department, agency or district of a State or local government a college, university, local education agency an entire corporation or private organization which is principally engaged in providing education, health care, housing social services, or parks and recreation

“Federal Financial Assistance” Federal grants and loans Detail of federal personnel or other persons paid, in whole or in part, with federal funds Grants, donations, sale or lease of federal property Federal agreements, arrangement, contract with purpose to provide assistance

“Beneficiary” Service members Clients served by service members Members of the public receiving services from organizations with service members Anyone who benefits from the federal financial assistance, including:

Section 504: Compliance attempt voluntary compliance take action to suspend, terminate, or refuse to grant or continue to grant federal financial assistance (Note: suspension etc. applies to all federal financial assistance, not just assistance from CNCS) If an entity fails to comply, the Corporation must:

Undue Financial Hardship or Administrative Burden Unduly costly, extensive, substantial or disruptive: –results in significant difficulty or expense –Very HIGH STANDARD Factors to be considered include: –Overall size of the program in numbers of service members, facilities and budget –Type of operation, including composition and structure of service member force –Nature and cost of removal or accommodation

Service Performance  Individuals with disabilities are held to the same performance and conduct standards as other members and volunteers  If a person with a disability is not performing well, you may ask whether any accommodation is needed to improve performance  Document poor performance or misconduct and advise the person that there are issues of concern  An accommodation can be requested following feedback on poor performance and granted to enable a qualified individual with a disability to meet such conduct standard in the future

Service Performance cont…  If the reason for unsatisfactory performance relates to the need for accommodations, you may not discipline or terminate the individual  Can lawfully exclude an individual if he/she would pose a "direct threat” defined as a significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation" Maintain clear and comprehensive documentation of all interactions! Give clear and consistent feedback!

CNCS Complaint Process Any service member with a disability, who believes he or she has been discriminated against in violation of Section 504 of the Rehabilitation Act*, may raise his or her concerns with our Office of Civil Rights and Inclusiveness (OCRI). *Section 504 states that no individual with a disability can be excluded from, denied benefits of, and subjected to discrimination to any program or activity that receives federal funds because of his/her disability. Contact Information: Corporation of National and Community Service Office of Civil Rights and Inclusiveness Phone: (202) (voice) (202) (TDD) Website: Important Note: 1.Service members must file discrimination claims with the OCRI Office within 45 days of when it occurred, otherwise it may not be accepted in a formal complaint of discrimination. 2.The OCRI office is committed to resolving the complaint promptly. Additionally, the OCRI office encourages but does not require service members to bring their concerns to program or project directors first.

Knowledge of Disability and Accommodation Courts Have Generally Ruled: Must have fairly specific knowledge of disability, to be obligated for providing reasonable accommodation General awareness of presence of disability not sufficient “Second-hand” knowledge not sufficient No claims of discrimination upon disclosure, “after the fact”