Element 5. Compliance with Section 504 of the Rehabilitation Act of 1973, as Amended, and 29 CFR Part 37. Equal Opportunity IS THE LAW

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1 New York State s Methods of Administration Compliance with Section 504 of the Rehabilitation Act of 1973, as Amended, and 29 CFR Part 37 Element 5 Implementing Section 188 of the Workforce Investment Act of 1998 Equal Opportunity IS THE LAW

2 Element 5: Compliance with section 504 of the Rehabilitation Act of 1973, as amended and 29 CFR Part 37 (29 CFR 37.54(d) (2) (v)). a. Describe how the State ensures that recipients meet their obligation not to discriminate on the basis of disability (See 29 CFR (a), 32.26, and 37.7). The New York State Department of Labor makes every effort to assure that individuals with disabilities are afforded an equal opportunity to receive program benefits and services. At the State level, the New York Disability Program Navigator (DPN) initiative has provided training and education for local area navigators to assist One Stop Centers in building systems that will advance the ability of the Centers to meet the needs of all persons with disabilities. The Workforce New York.org website contains technical assistance and training for both State and local staff. Monitoring activities conducted by DOL staff assure that barriers preventing access to programs and services for those who are disabled are removed. Universal Access - NY: Universal Access-NY is a complete online planning toolkit, where a One-Stop Delivery System can assess its practices, and develop work plans to improve physical and programmatic accessibility for all One-Stop customers. This web site was developed by Cornell University s Employment and Disability Institute, through the support and guidance of the New York State Department of Labor, with funding from two U.S. Department of Labor Work Incentive Grants. Universal Access-NY supports continuous improvement, with features that encourage multiple uses and incremental systems change. The self-assessment portion of the online toolkit is made up of 76 indicators, which have been sorted into 5 categories: Outreach and Intake, Physical Access, Service Delivery, Youth, and Technology. One-Stop planning teams have the opportunity to select one or more of these areas for further study. Planning teams quickly prioritize one or more indicators for work plan development. Use of this tool is voluntary but local workforce investment areas that have used it are continuously improving One Stop services to all populations. 1 For example, the Fulton, Montgomery, Schoharie local area applied for a Work Incentive Grant following their use of the Universal Access Toolkit. Through the use of the toolkit, the LWIA determined that the door handles at their site created barriers for individuals with disabilities. Grant funds were subsequently used to replace the door handles with levered handles. In Ulster County, One Stop Center services are provided in a very large building and the Center requires customers to walk great lengths to access services. Ulster also applied for and received a Work Incentive Grant and provided scooters, enabling individuals with disabilities to move with ease within the facility and more readily access services. Disability Program Navigator: For the fifth year in a row, New York State has entered into a Cooperative Agreement with the U.S. Department of Labor, Employment and Training Administration (DOL/ETA) to provide Disability Program Navigators (DPNs) in its local One-Stop Career Centers. Thirty-two of the thirty-three Local Workforce 1

3 Investment Areas (LWIAs) provide a Disability Program Navigator (DPN) in their One- Stop centers. Each LWIA has agreed to do the following: Dedicate existing staff, hire new staff or subcontract staff to serve as a fulltime DPN. Assure that the DPN will provide and/or facilitate services to customers with disabilities in multiple One-Stop Centers within the LWIA, if applicable. Send the DPN to training required by NYSDOL, DOL/ETA and the Social Security Administration. Demonstrate collaborations among system partners. File periodic reports to track enhanced services to individuals with disabilities. Previous agreements with each participating LWIA also required each awardee to meet the following minimum outcomes: Enhance integration of partner services. Increase the numbers of individuals with disabilities served through the One- Stop Centers. Increase placement rates, earnings and employment retention of individuals with disabilities. Ensure training in areas that offer increased salaries and long-term career growth for individuals with disabilities. Meaningful collaborations are the hallmark of New York s DPN Initiative. At the local level, by requiring each LWIA to apply for Navigator funding, the State has secured buy-in from its local areas. More specifically, the Title I-B Local Grant Recipient and Local Workforce Investment Board Chair have provided written assurances (through the application process) 2 that their respective DPN efforts will conform to the parameters detailed in the application. Furthermore, the LWIAs, in implementing their local initiatives, have established critical collaborations with key partners that serve disabled populations. As an example, numerous local areas have entered into contracts with Independent Living Centers and Boards of Cooperative Educational Services (BOCES), among others, to hire and train individual DPNs. These arrangements have significantly strengthened the LWIA s ability to effectively serve disabled One-Stop customers. 3 Annual DPN conferences have offered training in a wide variety of disability-related topics. 4 New York State s DPNs have attended training, in Washington and Chicago, provided by the University of Iowa under its contract with USDOL. Additionally, NYS DPNs are made aware of training provided by Cornell s Employment & Disability Institute and attend where practicable. DPNs play a critical role in training One-Stop staff, which includes both State and local staff, on best practices in serving individuals with disabilities. For example, in the Columbia-Greene LWIA, the DPN provides one weekly on-line quiz question related to EO/Disability issues that is ed to all staff. The training session, which is titled, 30- Second Training with Your DPN, provides the correct answer to the question along with relevant online resources and websites to enable staff to become further informed on that week s topic

4 In , New York State will use both the DPN mentoring initiative and a trainthe-trainer model to allow DPNs who have experience in delivering integrated services for customers with disabilities through state and local partnership teams to share their experiences in either the creation of or participation as a team member. 8 New York will foster and expand these collaborations through its training and technical assistance activities. The State s Year 5 technical assistance plan includes statewide and regional conferences, bi-monthly conference calls and the State s DPN Mentoring Initiative, each of which are designed to strengthen collaborations among partners. b. Describe how the State ensures that recipients provide reasonable accommodation for individuals with disabilities (See 29 CFR and 29 CFR 37.8) c. Describe how the State ensures that recipients provide reasonable modification of policies, practices and procedures, as required (See 29 CFR 37.8) Over the past several years, NYSDOL has helped LWIAs establish firm foundations for making One-Stop programs and services accessible for individuals with disabilities. In addition to continued support for the DPN initiative, the Department spent $620,000 in WIA Statewide Activities funds to install assistive technology workstations in one fullservice One-Stop Center located in each of the 33 LWIAs across the State. Equipment consisted of both hardware and software to ensure computer access for the disabled customer, including: Dell computer system, JAWS, Zoom Text, Open Book, Smart View CCTV with camera, Tash mini keyboard and a track ball mouse. Assistive technology training was then delivered on-site to center staff and was supplemented with information and tips on serving customers with disabilities. At the same time, Job Service Employment Committee (JSEC) breakfasts were held around the State for businesses to learn more about employing people with disabilities, including information regarding State-sponsored tax credits. In 2003, NYSDOL sponsored nearly a dozen training sessions presented by national speaker Richard Pimentel of Milt Wright Associates, entitled You Don t Have to be a VR Counselor to Place Individuals with Disabilities. NYSDOL has also partnered with Cornell University s Employment and Disability Institute to deliver disability awareness training to local areas and support the development of Universal Access-NY, an on-line toolkit to assess the continued availability of One-Stop services for individuals with disabilities. Use of the toolkit allows for continuous improvement; One Stop centers assess themselves in five areas of accessibility and are known to make improvements in one area and then move on toward improvement in another area. 9 NYSDOL reviews LWIAs architectural and programmatic accessibility during its One- Stop Operator Recertification process. Additionally, DEOD monitors LWIAs to determine they provide reasonable accommodation and reasonable modification in accordance with the guidelines specified in 29 CFR and 29 CFR 37.4 and See Element 7 for examples of the monitoring tools that are used. 3

5 During the monitoring process DEOD checks whether: the local One-Stop system has a procedure in place for customers to request accommodations/modifications; supervisory staff know how to proceed if an accommodation/modification is requested; a specific staff member has been designated to coordinate reasonable accommodation/modification, including determining when an accommodation/modification is or is not reasonable; reasons for refusing to provide accommodation/modification are documented and whether the affected individual is provided with a copy of the document; and auxiliary aids and services are provided for or readily attainable in service delivery environments, including off-site meetings, training and social events. An accommodation for individuals with disabilities has been made in the Unemployment Insurance claims filing process. Individuals are asked to select a personal identification number (PIN) to be used each time they wish to access UI services by telephone or on the Internet. Claimants are advised not to give out this number except, if due to a disability, they are unable to access services without the assistance of another person. In such an instance, the claimant may allow another person to assist provided he/she is present each time services are accessed, including during the entry of the PIN. In addition, both the website and program brochures advise hearing impaired individuals with TTY/TDD equipment that they can file a claim by calling a toll-free number established for that purpose. 10 NYSDOL has issued a policy statement on Discrimination Against People With Disabilities 11 and a Request for Reasonable Accommodation Procedure 12 for all its employees and customers. LWIAs also establish their own reasonable accommodation policies. 13 d. Describe how the State ensures that recipients provide architectural accessibility for individuals with disabilities (See 29 CFR 32.28); and e. Describe how the State ensures that recipients provide programmatic accessibility for persons with disabilities (See 29 CFR 32.27). The Department uses its Workforce New York website to communicate the need to provide architectural and programmatic accessibility to individuals with disabilities and provide resources and tools to assist recipients to meet accessibility guidelines to recipients. Resources available on the website include, but are not limited to: Accessibility of One-Stop Systems to Individuals with Disabilities 14 Communicating Effectively with People who Have a Disability 15 People First Language Guidelines 16 4

6 An Orientation & Mobility Primer: A Self-Evaluation for Workforce Development One-Stop Providers Serving Customers who are Blind or Visually- Impaired 17 Access for All: A Resource Manual for Meeting the Needs of One-Stop Customers with Disabilities 18 WIA Section 188 Checklist All of New York s full-service One-Stop Career Centers are fully accessible and in compliance with WIA Section 188 regulations on non-discrimination. The State s One- Stop Recertification process addresses physical and programmatic accessibility matters, as do the State guidelines for WIA Local Plan submissions. The Department s Workforce Development and Training field staff also conduct on-site monitoring through the use of the One Stop Center Quality Standards which were made part of the monitoring process in Staff will bring identified concerns regarding accessibility to the attention of One Stop staff. 19 LWIAs also monitor their service providers to ensure they provide programmatic and architectural accessibility. 20 DEOD conducts on-site monitoring of LWIA One-Stop Centers using its ADA Premise Review to verify that they meet the Americans with Disabilities Act Accessibility Guidelines (ADAAG). The ADAAG meet or exceed the Uniform Federal Accessibility Standards (UFAS). In addition, the DEOD reviewer interviews LWIA staff to determine that they are aware of and are providing programmatic accessibility for persons with disabilities by specifically probing whether: non-personal aids are available to make the program accessible to mobility impaired persons; reasonable accommodations/modifications are provided to individuals with disabilities based upon the specific limitations of their disabilities; the program or activity, in its entirety, is readily accessible to qualified individuals with disabilities (qualified individuals with disabilities are not excluded from the program or activity based upon inaccessible facility discrimination); the program gives priority to selecting methods that offer programs and activities to individuals with disabilities in the most integrated setting possible; the recipient has developed a transition plan (as specified in 29 CFR 32.27) to make its site/program more accessible, and if so, whether or not the recipient is adhering to its plan; the recipient has implemented procedures to ensure that interested persons, including persons with impaired vision or hearing, can obtain information as to the existence and location or services, activities, and facilities that are accessible to and usable by individuals with disabilities; software used in the program is accessible to individuals with disabilities; web pages are accessible to individuals with disabilities; and where appropriate, Information Transaction Machines (e.g. computer kiosks) are accessible to and usable by most people with disabilities. 21 5

7 These same monitoring tools are used to inspect NYSDOL-owned or leased facilities. In addition, the State s Office of General Services (OGS) conducts a thorough architectural accessibility review for any new NYSDOL lease or lease renewal. OGS uses ADAAG and the State s building code for its compliance review. In New York City, it also ensures compliance with the City s building code. The Department cannot enter into or renew a lease without OGS clearance. If deficiencies are found, then the Department s Bureau of Property Management must work with the landlord to get the deficiencies corrected. f. Describe how the State ensures that recipients provide for and adhere to a schedule to evaluate job qualifications to ensure that the qualifications do not discriminate on the basis of disability (See 29 CFR 32.14). DEOD monitors recipients to ensure they provide for and adhere to a schedule to evaluate job qualifications to ensure that the qualifications do not discriminate on the basis of disability (See Element 7 for a copy of the monitoring tool that is used). In many instances, LWIA recipients are county governments that provide for scheduled reviews of job qualifications as part of their merit-based hiring/promotion systems. For SWA employees, NYSDOL and NYS Department of Civil Service representatives routinely convene a Scope Conference to discuss and recommend valid considerations to be incorporated into civil service examinations for job titles in NYSDOL. The Scope Conference includes subject matter to be tested, minimum qualifications, recruitment, and equal opportunity and affirmative action considerations, including the removal of any artificial qualifications or barriers for individuals with disabilities. DEOD is responsible for auditing, monitoring and evaluating the Department s personnel practices to determine compliance with State and Federal Affirmative Action and Equal Opportunity requirements. To accomplish this, DEOD has entered into a series of agreements (Model Procedures) with the Office of Employee Relations, Personnel Bureau and the Office of Staff and Organizational Development regarding the internal auditing system to be used by DEOD staff to review personnel, training and employee relations processes. 22 g. Describe how the State ensures that recipients limit preemployment/employment medical inquires to those permitted by and in accordance with WIA section 188, Section 504, the Americans with Disabilities Act of 1990, and their implementing regulations (See 29 CFR 32.15). DEOD provides training on preemployment inquiries and practices to the workforce investment system and monitors local One-Stop systems to verify they have a written policy regarding pre-employment/employment medical inquiries that ensures: pre-employment medical inquiries are not made before a conditional offer of employment/participation; pre-employment medical inquiries are made to all applicants for the same job or training program; 6

8 medical examinations are performed by physicians qualified to make functional assessments; medical examination results are specific and objective, and susceptible for review by independent medical evaluators; medical examinations are not used to screen out qualified individuals with disabilities, but to provide proper placement and reasonable accommodation; and medical examination results are transmitted to the employing or authorized training approval official as well as to the applicant. See Element 7 for a copy of the monitoring tool that is used. NYSDOL publishes an employer handbook, Doing Business in New York State: A Guide for Employers, that local One-Stop Systems are encouraged to distribute to employer customers. The guide answers such questions as Can an employer ask about an applicant s/employee s disability? and In developing an employment application, what are some questions that cannot be asked? 23 Local areas often arrange for employer workshops to discuss preemployment inquiries and practices. 24 h. Describe how the State ensures that recipients ensure the confidentiality of medical information provided by registrants, applicants, eligible applicants/registrants, participants, employees, and applicants for employment (See 29 CFR 32.15). DEOD monitors local areas to ensure recipients maintain the confidentiality of medical information provided by applicants and registrants. They check whether: the recipient has developed a written confidentiality policy that specifically addresses medical information and that staff have been trained/apprised of the policy; medical information is maintained on a separate form; medical information is kept confidential, except to: - employing or training approval official, after conditional offer has been made to applicant; - supervisors and managers where there are work restrictions or reasonable accommodations have been made; - first aid and safety personnel if the condition might require emergency treatment; and, - government officials investigating compliance with Section 504. See Element 6 for a discussion of the safeguards that are in place to ensure the confidentiality of data, including medical information, and Element 7 to review the monitoring tool that is used. i. Describe how the State ensures that recipients administer their WIA Title I financially assisted programs and activities so that each individual with a disability participates in the most integrated setting appropriate to that individual (See 29 CFR 37.7 (d)). 7

9 Recipients have been apprised of their need to serve individuals with disabilities in the most integrated setting appropriate to that individual through training, the issuance of technical advisories and through the provision of resources. For example, as discussed in earlier sections in this Element, One-Stop center resource rooms have been equipped with assistive technology workstations and Disability Program Navigators are working in 32 out of 33 local workforce areas to facilitate integration for customers with disabilities. A variety of resources dealing with the development of integrated services for individuals with disabilities have been posted on the Department s Workforce website and a number of training sessions and workshops on the topic of serving customers with disabilities have been offered. In addition, DEOD routinely monitors local One-Stop systems checking their architectural and programmatic accessibility. As part of the monitoring process they request copies of reasonable accommodation policies and check to see that there is a staff person assigned to the function of reviewing requests for reasonable accommodation and modification. The procedures that the LWIA has in place to assure individuals with disabilities are served in as integrated a setting as possible are also reviewed. Participant records are randomly reviewed to ensure no discriminatory actions were taken or discriminatory comments recorded. See Element 7 for copies of the monitoring tools that are used. j. Describe how the State ensures that recipients are able to communicate with persons with disabilities as effectively as with others (See 29 CFR 37.9). Recipients have been advised of their requirement to communicate with persons with disabilities as effectively as with others through training and the issuance of technical advisories. During on-site monitoring visits, DEOD checks whether recipients: furnish appropriate auxiliary aids or services to afford individuals with disabilities an equal opportunity to participate in a program or activity; if communicating by telephone, use telecommunications devices for individuals with hearing impairments (TDDs/TTYs), or equally effective communications systems; ensure customers, including individuals with visual or hearing impairments, can obtain information as to the existence and location of accessible services, activities, and facilities; provide signage at primary entrances to each of their inaccessible facilities, directing users to a location at which they can obtain information about accessible facilities (Signage must meet UFAS or provide equivalent or greater access to the information); and, use the international symbol for accessibility at each primary entrance of accessible facilities. See Element 7 to review the monitoring tools that are used. Each local workforce area develops its own strategies to fulfill the requirement to communicate with persons with disabilities based upon the unique mix of resources 8

10 available. Through self-assessment using Universal Access-NY and with guidance from the Disability Program Navigators, local areas throughout New York State offer a solid platform of services including, but not limited to: assistive technology (computer workstations, Interpretype Communications Devices, TTY/TDD lines), copies of key documents in Braille and large print, and access to sign language interpreters Universal Access Overview may be found at An overview of the Universal Access indicators may be found at 2 NYS Appendix D: Federal Certifications 3 The list of LWIAs with Navigator grants, and their respective DPNs, can be found at 4 NYS DPN Annual Conference Agendas: 2004, 2005, 2006 and Sample 30 Second Training with Your DPN from Columbia-Greene LWIA 6 List of Training Provided by DPN in ChautauquaWorks LWIA 7 Chenango-Delaware-Otsego. News from the Navigator. 8 Disability Program Navigator Mentoring Guidebook. 9 Orange County. Installation Order for GyroTech System 710 automatic door system. 10 NYSDOL Website: Unemployment Benefits Online: Important Information. LOCALE=1 11 NYSDOL s Policy Statement on Discrimination Against People With Disabilities 12 NYSDOL s Request for Reasonable Accommodation, Form GA ChautauquaWorks Notice of Rights: Reasonable Accommodations, Grievance and Discrimination Complaint Policies and Forms NYSDOL. Evaluation Tool for Standards Related to One-Stop Facilities and Use of Space. 20 Monroe County. Service Provider Agreement. Attachment K. 21 DEOD Monitoring Tool 22 InternalAgency Auditing and Reporting System (Model Affirmative Action Procedures) 23 Doing Business in New York State: A Guide for Employers, pp Monroe County. NYS Human Rights Law: What Employers Need to Know, a workshop for employers sponsored by RochesterWorks Business Services and Disability Navigator Services. 25 Suffolk County. Assistive Technology Available at the Suffolk County One-Stop. 9