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WIA Section 188 Disability Checklist Training Elements 5.2 and 5.3 – Reasonable Accommodation and Reasonable Modifications.

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Presentation on theme: "WIA Section 188 Disability Checklist Training Elements 5.2 and 5.3 – Reasonable Accommodation and Reasonable Modifications."— Presentation transcript:

1 WIA Section 188 Disability Checklist Training Elements 5.2 and 5.3 – Reasonable Accommodation and Reasonable Modifications

2 : Reasonable Accommodations 5.3: Reasonable Modifications Must be provided for all aspects of a recipient’s programs and activities  application / registration for, and provision of, aid, benefits, services, and training  core, intensive, training, and support services

3 What are reasonable accommodations/ modifications? Actions that must be taken when a particular person with a disability seeks:  to apply for / participate in a program or activity  to apply for / perform the essential functions of a job

4 What are reasonable accommodations/ modifications? (cont’d) Actions that will help a particular person with a disability:  to receive equal benefits from the program or activity  to compete fairly in educational and work settings  in general, to have equal opportunity Specific actions will vary, depending on the person and the context

5 What are the differences between them? Modifications specifically apply to “policies, practices, and procedures” (the way things are done) Accommodations also apply in employment context (discussed under 5.8)

6 What are the differences between them? (cont’d) Terminology  Accommodations must be provided unless would cause undue hardship  Modifications must be provided unless would fundamentally alter the nature of the service, program, or activity

7 Obligation to Accommodate/ Modify Did the person ask for an accommodation / modification? No “magic words” necessary – doesn’t need to have mentioned “disability” or “accommodation” or referred to the law Just needs to have asked for an adjustment or change related to a medical condition

8 Obligation to Accommodate/Modify (cont’d) Does the person seeking the accommodation / modification have an actual, current disability?  Recipient is allowed to ask for documentation of the disability / medical condition  No obligation to accommodate in “record-of” or “regarded-as” cases

9 Obligation to Accommodate/ Modify (cont’d) The responsible person must make an individual determination about the request  Engaging in an interactive process with the person asking for an accommodation / modification

10 Undue Hardship and Fundamental Alteration Responsible person must:  go through specific, formal process to decide whether hardship / alteration would occur  if so, take other action that would allow the person with a disability to participate to the fullest extent possible

11 Undue Hardship/ Fundamental Alteration (cont’d) Did the responsible person review the required factors?  the type of accommodation requested  the net cost of the accommodation  the overall size of the program  the overall financial resources of: the recipient as a whole the individual facilities involved  the effect on the recipient’s ability to serve other customers / get work done / carry out its mission

12 Undue Hardship/ Fundamental Alteration (cont’d) Did the recipient provide a written statement of reasons for denying requested accommodation / modification? Did the recipient give a copy of the statement to the person asking for the accommodation / modification? Did the recipient take another action to avoid discrimination / provide equal opportunity?

13 General examples of recommended practices Implement a written policy explaining:  the circumstances under which accommodations / modifications must be provided  the process for handling a request for a reasonable accommodation / modification  the system for documenting the types of accommodations / modifications that have been provided  examples of accommodations / modifications

14 Examples of accommodations / modifications in specific contexts Registration and orientation Initial screening and assessment Service delivery Continuous improvement


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