WIA Section 188 Disability Checklist Training

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WIA Section 188 Disability Checklist Training

• Element 5.1 General Prohibitions

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Element 5.1 General Prohibitions

• These are the donts 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

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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
• Failing to give a qualified person with a
  disability an equal opportunity to get the same
  results or benefits from a program or activity
  that people without disabilities receive
• Charging a particular person with a disability
  any extra fees to cover the costs of
  accommodating the disability

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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

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What is steering?

• Based solely on a persons disability
• 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

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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

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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

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Actions That Are NOT Discriminatory (contd)

• 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

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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

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Any questions?