WIA Section 188 Disability Checklist Training

Element 5.1 – General Prohibitions

Element 5.1: General Prohibitions

• These are the “don’ts” – actions
that are considered discriminatory • Impossible to list every single action that may violate the law • Important: these actions are unlawful even if the person(s) who take them do not intend to discriminate
5.1-2

Examples of General Types of Discriminatory Actions
• Denying a qualified person with a
disability the opportunity to participate in, or benefit from, a program or activity because of his/her disability disability an equal opportunity to get the same results or benefits from a program or activity that people without disabilities receive disability any extra fees to cover the 5.1-3 costs of accommodating the disability

• Failing to give a qualified person with a

• Charging a particular person with a

Specific Examples of Discriminatory Actions

• Accepting any job orders from an
employer that will not accept applications from qualified persons with disabilities • Stereotyping people with disabilities when evaluating their skills, needs, abilities, and interests • Referring qualified people with disabilities to different programs / activities / employers / types of jobs than other qualified people 5.1-4

What is steering?

• Based solely on a person’s
disability:
 Referring him or her to a particular job / employer / program / activity  Directing him or her to a particular profession / career path

• Steering is illegal! • Deciding on an individualized

basis is appropriate – and required by law

5.1-5

Additional Specific Examples of Discriminatory Actions • Using tests or other assessment processes that measure customers’ impairments, not their skills and abilities

• Failing to provide reasonable
accommodations or modifications
5.1-6

Actions That Are NOT Discriminatory • Recipients are generally not required
to provide these items or services (although they may choose to do so):
 Personal devices such as wheelchairs  Individually prescribed devices, such as eyeglasses or hearing aids  Readers for personal use and study  Services of a personal nature, such as assistance with eating, toileting, or dressing
5.1-7

Actions That Are NOT Discriminatory (cont’d)
• If a Federal statute or Executive
Order specifies that a program or activity is limited to people in specific categories, recipients are not required to admit people with disabilities who do not fit those categories
5.1-8

Who is entitled to equal opportunity/ positive actions under these laws?

• Only people who have actual,
current disabilities • Others (with records or “regarded as”) are not entitled to positive actions such as reasonable accommodations
5.1-9

Any questions?