Job Corps Training

Job Corps Disability Obligations Under

REHABILITATION ACT OF 1973

AMERICANS WITH DISABILITIES ACT OF 1990

WORKFORCE INVESTMENT ACT

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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 1990Title I -- EmploymentTitle II -- State and local programsTitle III -- Public accommodations

Section 188 of Workforce Investment Act

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Affirmative Obligations

Assurances – 29 CFR 37.20 through 37.22 Equal Opportunity Officer – 29 CFR 37.23 through

37.28 Notice and Communication – 29 CFR 37.29 through

37.36 Data and Information Collection and Maintenance – 29

CFR 37.37 through 37.41 Universal Access – 29 CFR 37.42 Complaint processing procedures – 29 CFR 37.76

through 37.80

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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.

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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.

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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.

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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

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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 schedulesAcquisition or modification of equipment or devicesAdjustment or modification of exams, training materialsProvision of readers or interpreters

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Undue Hardship

Significant difficulty or expense, in light of --

Nature and net cost, taking into consideration outside funding/tax credits

Overall financial resources of facilityOverall financial resources of recipientType of operation or operations of the recipient Impact of the accommodation on operation of the

facility or facilities

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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

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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

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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

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Disability Employment Discrimination Prohibited

29 CFR part 32 subpart BProhibits discrimination in employment and

employment related trainingRequires reasonable accommodation (Supplemented

by 29 CFR 37.8)Requires review of job qualificationsGoverns pre-employment medical inquiries

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Pre-employment medical inquiries prohibited

Pre-employment medical inquiries:Apply to all employment and employment

related trainingMay not be made before conditional offer of

employment/participationMust be made to all in same job/training

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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

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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

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Program AccessibilityUnder 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 facilitiesAll programs or activities of the recipient must be

available to qualified individuals with disabilities

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Architectural Accessibility

Requires that new construction and alterations to existing facilities be “readily accessible to and usable by” qualified individuals with disabilities

Current §504 standardUniform Federal Accessibility Standards (UFAS)Alternative standards may be used if they provide

equivalent or greater accommodation

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Existing Facilities/ADA Title IIIRemoval 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

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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

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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.

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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

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Resources

CRC: http://www.dol.gov/dol/oasam/public/programs/civil.htm EEOC: http://www.eeoc.gov DOJ: http://www.usdoj.gov/crt/ada/adahom1.htm Architectural and Transportation Barriers Compliance Board

(ATBCB): http://www.access-board.gov/ ATBCB’s proposed implementation of section 508 of the

Rehabilitation Act: http://www.access-board.gov/rules/508nprm.htm