WIA Section 188 Disability Checklist Training

Introduction to Element 5 – Compliance with Federal Disability Nondiscrimination Law

“Equal treatment” vs. “equal opportunity”

• Disability nondiscrimination laws

are different from other civil rights laws
 Treating people with disabilities the same way as people without disabilities is not enough  Legal duty to work with people with disabilities to make sure they have an equal opportunity to benefit from the program, activity, or job 5-2

“Nondiscrimination” vs. “Equal Opportunity”

• Recipients’ obligations include
both:
 actions that are prohibited (things you must not do) because they are discriminatory, and  actions that are required (positive steps recipients must take) to level the playing field for people with disabilities – in other words, provide 5-3 equal opportunity

The overarching principle of disability nondiscrimination law is that people with disabilities must be treated as individuals, not on the basis of assumptions and stereotypes about their disabilities

5-4

General principles underlying disability nondiscrimination laws

• Under these laws, One-Stop
recipients:
 should focus on:
the individual customer’s/employee’s abilities the accommodations and auxiliary aids and services s/he needs in order to use those abilities

 should not focus on:
the limitations caused by the customer’s/employee’s disability
5-5

What Federal laws apply?

• Several different Federal

disability nondiscrimination laws apply to each WIA recipient • You need to know about all the laws that apply to each recipient

5-6

What Federal laws apply? (cont’d)
(WIA), Section 188 (29 U.S.C. § 2938)

• Workforce Investment Act of 1998
 Implementing regulations: 29 CFR part 37  Bar disability-based discrimination and  Require equal opportunity for people with disabilities through:
individualized treatment positive actions (e.g., reasonable
5-7

What Federal laws apply? (cont’d)

•WIA Section 188 and regs
(cont’d)
 Apply to:
All programs and activities:
– offered by One-Stop partners – through One-Stop delivery system

Doesn’t matter if program/activity is physically located in One-Stop Center

5-8

What Federal laws apply? (cont’d)

• Other applicable Federal laws:
 Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794)
Implementing regulations: 29 CFR part 32 Applies to all recipients of Federal financial assistance from DOL

 The Americans with Disabilities Act of 1990, as amended (42 U.S.C. § 12101 et seq.) (known as “the ADA”) 5-9

“Handicapped” vs. “Individual (or Person) with a Disability” • DOL’s Section 504 regulations (29 CFR

part 32) have not yet been amended to replace the term “handicap” with “disability” unacceptable and should not be used with a disability,” “people who are blind”) – not “the blind” or “the disabled”

• However, the term “handicapped” is

• Use “people first” language (“person
5-10

Who’s protected from discrimination under these laws?

•Three categories of protected
individuals •An individual person who . . .
 has an actual, current disability  has a record of a past disability  has been regarded as having a disability
5-11

Category One: Is the individual a person with an actual, current disability?

• Does the person have a physical or
mental impairment? • Does the impairment affect one or more of his/her major life activities? • Is the effect a substantial limitation?

5-12

Term to Know: “Physical or Mental Impairment”
Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: • cardiovascular • neurological • musculoskeletal • reproductive • special sense organs • digestive • respiratory (including • genitourinary speech organs) • hemic and lymphatic • skin Source: 29 CFR 37.4, definition of • endocrine “disability,” paragraph (1)(i)(A)

5-13

Physical or Mental Impairment
(cont.)

• Any mental or psychological
disorder, such as:
• mental retardation • organic brain syndrome • emotional or mental illness • specific learning disabilities

• Source:

29 CFR 37.4, definition of “disability,” paragraph (1)(i)(B)
5-14

Physical or Mental Impairment
(cont.)

Examples:
 Various types of impairments: orthopedic visual speech hearing  Cerebral palsy  Epilepsy  Muscular dystrophy  Multiple sclerosis

• Cancer • Heart disease • Diabetes • Mental retardation • Emotional illness • Specific learning • • • •
disabilities HIV tuberculosis Drug addiction Alcoholism

5-15

Term to Know: “Major Life Activity”
• Supreme Court says it’s an activity “of central importance to daily life” • Examples: Caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning • “Working” is questionable
5-16

Term to Know: “Substantial Limitation”

• Not all “limitations” are

“substantial” enough to constitute a disability! • In general, a “substantial limitation” either:
 Prevents the person from performing an activity that the average person can perform, or  Significantly restricts the person in performing such an activity (as compared to the average person) 5-17

What constitutes a “significant restriction”?

• Look at whether/how much the
impairment restricts:
 the conditions under which the person can perform the activity  the manner (way) in which s/he can perform the activity  the duration (length of time) for which s/he can perform the activity
5-18

Must take “mitigating measures” into consideration

• Medication, devices (crutches,

prostheses), anything else that mitigates (lessens) the effect of disability • You must take both positive and negative effects into consideration
5-19

Category Two: Is the individual a person with a record of a disability?

• Past history of a genuine disability • Misclassified as having a disability • The record or misclassification has
to meet the three elements of an actual disability (impairment, major life activity, substantial limitation)

5-20

Category Three: Has the person been regarded as having a disability?

• Has an impairment, but:
 Impairment doesn’t substantially limit a major life activity, or  Impairs a major life activity because of other people’s attitudes

• Doesn’t have an impairment, but is
treated as having one
5-21

Exceptions to the Definition of “Individual with a Disability” • In all contexts:

• In employment context:

 Specific sexual / psychological disorders  Current illegal use of drugs

 Either: Current alcohol abuse, or Currently contagious disease or infection  That: Prevents the person from performing job duties, or Makes the person a direct threat to health / safety
5-22

Is the person with a disability “qualified”?

• To be protected from

discrimination (and entitled to equal opportunity / positive actions) under Federal law, the person with a disability must be qualified for the program, activity, or job
5-23

Term to Know: “Qualified Person with a Disability”

• For aid/benefits/services/training:

person must meet the essential eligibility requirements of the program or activity • For employment: s/he must be capable of performing the essential functions of the specific job • In either case, take reasonable accommodations / modifications into account • Don’t pay attention to barriers (architectural, transportation, etc.) 5-24

the

Group Exercise: Is this person protected?
Purpose: Task:
 To identify when an individual is a “qualified person with a disability”  You are a member of the EO monitoring team. You’ve been asked to review several cases in which a person has filed a complaint claiming that s/he is a person with a disability.  Read the cases. Decide whether each person is protected from discrimination under the principles we’ve been discussing (Federal and State).  Share your decision about each case with the class, and explain your reasoning.

5-25

Any questions?