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

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
 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


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

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

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

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

Any questions?