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
 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


General principles underlying disability nondiscrimination laws

• Under these laws, One-Stop
 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

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


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

What Federal laws apply? (cont’d)

•WIA Section 188 and regs
 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


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

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

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?


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)


Physical or Mental Impairment

• 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)

Physical or Mental Impairment

 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


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

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

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

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)


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

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

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

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


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.


Any questions?