1. ADA Sec. 504 of the Rehab. Act Sec. 188 of WIA And The New Equal Opportunity Officer DEPARTMENT OF LABOR AND INDUSTRY OFFICE OF EQUAL OPPORTUNITY Autro Heath, Director Crystal V. Adams, (cradams@state.pa.us) Chief Federal Programscradams@state.pa.us Ina Strain, OVR Gloria Forero-Chaves, CareerLink/U.C. Service Centers

2. Introduction This session will identify essential responsibilities and requirements of EO Officers concerning ADA, Section 504 of the Rehabilitation Act and 188 of WIA as the State and its recipients ensure equal opportunity to persons with disabilities participating in programs or activities receiving financial assistance for the federal government.

3. Section 504 of the Rehab. Act of 1973 is a national law that protects qualified individuals from discrimination based on their disability. It defines the rights of individuals with disabilities to participate in, and have access to programs, benefits and services. This law applies to to employers and organizations that receive financial assistance from the Federal Government.

4. The requirements are modeled on the ADA Title II regulations in order to ensure that requirements under Sec. 188 follow generally the requirements of Title II of the ADA. Modeling the WIA regulations on the ADA Title II regulations ensures that the recipients are subject to similar obligations and responsibilities under both laws. As the EO Officer you are required to train, to monitor, and ensure that all CareerLink/UCSC and LWIA sites are in compliance with ADA, Sec. 504 and Sec. 188 WIA Guidelines.

5. Training Sec. 504 and Sec. 188 of WIA Local Workforce Investment Areas OVR Training Providers and Vendors CareerLinks/UCSC (One –Stops) Labor and Industry Staff All of areas that receive Federal dollars.

6. Monitoring Sec. 504 & Sec 188 WIA LWIA Training Providers CareerLinks/UCSC OVR EO Officers are to conduct routine TA and ADA Compliance reviews. Check data collection reports, check equipment, check advertising and ensure all clients are given a fair chance to participate programs and activities that are Federally assisted.

7. NOTICE & COMMUNICATION Ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others. Make sure furnished appropriate auxiliary aids and services where necessary. Give primary consideration to the requests of the individual with disabilities. As an EO Officer, monitoring these area will help keep complaints from being filed.

8. Universal Access As EO Officer you ensure recipients take reasonable steps to include members of varying demographics groups in their programs or activities such as recruitment, outreach and targeting. Steps may include advertising in target media or sending notices to and consulting with appropriate community organizations.

9. Accessibility vs. Reasonable Accommodations Providing accessibility: taking generalized action in advance (so you’ll be ready for people with disabilities) Not tied to a particular person with a disability Providing reasonable accommodation: taking individualized action when a particular person with a disability seeks aid, benefits, services, training, or employment.

10. Federal Standards for Architectural Accessibility Two different sets of Federal Standards exist: Uniform Federal Accessibility Standards (UFAS) – 41 CFR 101-19.6 Americans with Disability Act Accessibility Guidelines (ADAAG)

11. Which one do you use? DOL Section 504 regs say UFAS But the regs also allow “alternative standards” to be used if they will allow “equivalent or greater access” So you may use either UFAS or ADAAG

12. Programmatic Accessibility As EO Officers you must make sure programs or activities must be accessible when viewed in it’s entirety. Every aspect of your programs or activities must be accessible Examples: enrollment, assessment, training courses, recreation/leisure time activities, etc…

13. You may have to: Redesign equipment Move classes or other services to accessible locations Assign aides to assist customers/employees Your input as EO Officers is very critical

14. 188 Disability Checklist Help ensure nondiscrimination and equal opportunity for persons with disabilities in the federally assisted programs. Provide practical tips and suggestions to help you comply with Federal requirements

15. Ways to Use Checklist As a tool for use in compliance reviews As the basis for a Disability Self-Evaluation Tool distributed to States and returned to CRC As a training tool

16. Complaint Processing Procedures Ensure and monitor written policies are in place setting forth the complaint resolution procedures prescribed by the regulations, including the means by with the Complaint processing procedure is made available to individuals with visual and cognitive impairments.[See 29 CFR 37.54 (d)(1)(v)]

17. Summary Ensuring recipients be able to accommodate qualified individuals with a disability. Examples: Ramps, parking, restrooms, auxiliary aides, large print, intergraded setting, computers, audio- visual fire alarms, assignments etc...

18. Get More Information 29 CFR Part 37 28 CFR Part 35 and 36 29 CFR Part 32 Section 188 of WIA Office of Equal Opportunity Autro Heath, Director Crystal Adams, Chief of Federal Programs Ina Strain/OVR Programs Gloria Forero-Chaves, CareerLink/U.C. Service Centers 717-787-1182