WIA Section 188 Disability Checklist -- Citations from Federal Legislation

Note: The formatting in this document comes directly from the U.S. government websites for the Federal Register, U.S. Code, and Code of Federal Regulations.

Reference to 28 CFR Part 35

http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=69924e046dbc5f7282497ae0944c5652&rgn=div5&view=text&node=29:1.1.1.1.29&idno=29

Reference to 29 CFR 32

http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&SID=69924e046dbc5f7282497ae0944c5652&rgn=div5&view=text&node=29:1.1.1.1.26&idno=29

Reference to 29 CFR 32.3


Sec. 32.3 Definitions.

As used in this part, the term:

The Act means the Rehabilitation Act of 1973, Public Law 93-112, as
amended by the Rehabilitation Act Amendments of 1974, Public Law 93-516,
and by the Rehabilitation, Comprehensive Services, and Developmental
Disabilities Amendments of 1978, Public Law 95-602.

Assistant Secretary means the Assistant Secretary for Employment and
Training Administration or his or her designee.

Applicant for assistance means one who submits an application, request,
or plan required to be approved by a Department official or by a
recipient as a condition to becoming a recipient.

Department means the Department of Labor.

Facility means all or any portion of the buildings, structures,
equipment, roads, walks, parking lots or other real or personal property
or interest in such property which are utilized in the execution of the
program for which Federal financial assistance is received.

Federal financial assistance means any grant, loan, contract (other than
a procurement contract or a contract of insurance or guarantee), or any
other arrangement by which the Department provides or otherwise makes
available assistance in the form of:
(a) Funds;
(b) Services of Federal personnel; or
(c) Real and personal property or any interest in or use of such
property, including: (1) Transfers or leases of such property for less
than fair market value or for reduced consideration; and (2) Proceeds
from a subsequent transfer or lease of such property if the Federal
share of its fair market value is not returned to the Federal
Government.

Government means the Government of the United States of America.

Handicap means any condition or characteristic that renders a person a
handicapped individual as defined in this section.

Handicapped individual (a) Handicapped individual means any person who--
(1) Has a physical or mental impairment which substantially limits one
or more major life activities; (2) Has a record of such an impairment;
or

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(3) Is regarded as having such an impairment.
(b) As used in the proceeding paragraph of this section, the phrase:
(1) Physical or mental impairment means--
(i) Any physiological disorder or condition, cosmetic
disfigurement, or anatomical loss affecting one or more of the
following body systems: neurological; musculoskeletal; special
sense organs; respiratory, including speech organs;
cardiovascular; reproductive; digestive; genito-urinary; hemic
and lymphatic; skin; and endocrine;
(ii) Any mental or psychological disorder, such as mental
retardation, organic brain syndrome, emotional or mental
illness, and specific learning disabilities.
(iii) The term physical or mental impairment includes but is not
limited to such diseases and conditions as orthopedic, visual,
speech and hearing impairments, cerebral palsy, epilepsy,
muscular distrophy, multiple sclerosis, cancer, heart disease,
diabetes, mental retardation, emotional illness, and drug
addiction and alcoholism.
(2) Substantially limits means the degree that the impairment
affects an individual becoming a beneficiary of a program or
activity receiving Federal financial assistance or affects an
individual's employability. A handicapped individual who is likely
to experience difficulty in securing or retaining benefits or in
securing, or retaining, or advancing in employment would be
considered substantially limited.
(3) Major life activities means functions such as caring for one's
self, performing manual tasks, walking, seeing, hearing, speaking,
breathing, learning, working, and receiving education or vocational
training.
(4) Has a record of such an impairment means that the individual has
a history of, or has been misclassified as having, a mental or
physical impairment that substantially limits one or more life
activity.
(5) Is regarded as having such an impairment means that the
individual--
(i) Has a physical or mental impairment that does not
substantially limit major life activities but that is treated by
a recipient as constituting such a limitation;
(ii) Has a physical or mental impairment that substantially
limits major life activities only as a result of the attitudes
of others toward such impairment; or
(iii) Has none of the impairments defined in paragraph (b)(1) of
this section but is treated by a recipient as having such an
impairment.

Qualified handicapped individual means:
(a) With respect to employment, an individual with a handicap who is
capable of performing the essential functions of the job or jobs for
which he or she is being considered with reasonable accommodation to his
or her handicap;
(b) With respect to services, a handicapped individual who meets
eligibility requirements relevant to the receipt of services provided in
the program;
(c) With respect to employment and to employment related training
programs, a handicapped individual who meets both the eligibility
requirements for participation in the program and valid job or training
qualifications with reasonable accommodation.

Reasonable accommodation means the changes and modifications which can
be made in the structure of a job or employment and training program,
or in the manner in which a job is performed or an employment and training
program is conducted, unless it would impose an undue hardship on the
operation of the recipient's program. Reasonable accommodation may include:
(a) Making the facilities used by the employees or participants in the
area where the program is conducted, including common areas used by all
employees or participants such as hallways, restrooms, cafeterias and
lounges, readily accessible to and usable by handicapped persons, and
(b) Job restructuring, part-time or modified work schedules, acquisition
or modification of equipment or devices, the provision of readers or
interpreters, and other similar actions.

Recipient means any state or its political subdivisions, any
instrumentality of a State or its political subdivisions, any public or
private agency, institution, organization, or other entity, or any
person to which Federal financial assistance is extended directly or
through another recipient, including

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any successor, assignee, or transferee of a recipient, but excluding the
ultimate beneficiary of the assistance.

Secretary means the Secretary of Labor, U.S. Department of Labor, or his
or her designee.

Section 504 means section 504 of the Act.

Small recipient means a recipient who serves fewer than 15
beneficiaries, and employs fewer than 15 employees at all times during a
grant year.

United States means the several states, the District of Columbia, the
Virgin Islands, the Commonwealth of Puerto Rico, Guam, American Samoa
and the Trust Territory of the Pacific Islands.[45 FR 66709, Oct. 7,
1980, as amended at 61 FR 19985, May 3, 1996]

Reference to 29 CFR 32.6(c)


Sec. 32.6 Remedial action, voluntary action, and self-evaluation.

(c) Self-evaluation. (1) A recipient shall, within one year of the
effective date of this part:
(i) Evaluate, with the assistance of interested persons who are
selected by the recipient, including handicapped individuals or
organizations representing handicapped individuals, its current policies
and practices and the effects thereof that do not or may not meet the
requirements of this part;
(ii) Modify, after consultation with interested persons who are
selected by the recipient, including handicapped individuals or
organizations representing handicapped individuals, any policies and
practices that do not meet the requirements of this part; and
(iii) Take, after consultation with interested persons who are
selected by the recipient, including handicapped individuals or organizations
representing handicapped individuals, appropriate remedial steps to
eliminate the effects of any discrimination that resulted from adherence
to these policies and practices.
(2) A recipient, other than a small recipient, shall for at least
three years following completion of the evaluation required under
paragraph (c)(1) of this section, maintain on file, make available for
public inspection, and provide to the Assistant Secretary upon request:
(i) A list of the interested persons consulted;
(ii) A description of areas examined and any problems identified;
and
(iii) A description of any modifications made and of any remedial
steps taken.

Reference to 29 CFR 32.7


Sec. 32.7 Designation of responsible employee.

A recipient, other than a small recipient shall designate at least
one person to coordinate its efforts to comply with this part.

Reference to 29 CFR 32 Subpart B

29CFR32 Subpart B comprises 29CFR32.12 to 32.17. See following:

Reference to 29 CFR 32.12(a)


Sec. 32.12 Discrimination prohibited.

(a) General. (1) No qualified handicapped individual shall, on the
basis of handicap, be subjected to discrimination in employment under any
program or activity to which this part applies. This subpart is applicable to
employees and applicants for employment with all recipients and to
participants in employment and training programs financed in whole or in
part by Federal financial assistance.
(2) A recipient shall make all decisions concerning employment or
training under any program or activity to which this subpart applies in
a manner which ensures that discrimination on the basis of handicap does
not occur and may not limit, segregate, or classify applicants or
employees or participants in any way that adversely affects their
opportunities or status because of handicap.
(3) A recipient may not participate in a contractual or other
relationship that has the effect of subjecting qualified handicapped
applicants, employees or participants to discrimination prohibited by
this subpart. The relationships referred to in this subparagraph include
relationships with employment and referral agencies, with labor unions,
with organizations providing or administering fringe benefits to
employees of the recipient, and with organizations providing training
and apprenticeship programs.
(b) Specific activities. The provisions of this subpart apply to:
(1) Recruitment advertising, and the processing of applicants for
employment;
(2) Hiring, upgrading, promotion, award of tenure, demotion,
transfer, layoff, termination, right of return from layoff and rehiring;
(3) Rates of pay or any other form of compensation and changes in
compensation;
(4) Job assignments, job classifications, organizational structures,
position descriptions, lines of progression, and seniority lists;
(5) Leaves of absence, sick leave, or any other leave;
(6) Fringe benefits available by virture of employment, whether or
not administered by the recipient;
(7) Selection and financial support for training, including
apprenticeship, professional meetings, conferences, and other related
activities, and selection for leaves of absence to pursue training;
(8) Employer-sponsored activities, including social or recreational
programs; and
(9) Any other term, condition, or privilege of employment.
(c) Collective bargaining agreements. Whenever a recipient's
obligation to comply with this subpart and to correct discriminatory
practices impacts on and/or necessitates changes in a term of a
collective bargaining agreement(s) to which the recipient is a party,
the recipient shall attempt to achieve compliance consistent with the
provisions of Sec. 32.17(a). However a recipient's obligation to comply
with this subpart is not relieved by a term of any such collective
bargaining agreement(s).
(d) Compensation. In offering employment or promotions to
handicapped individuals, the recipient shall not reduce the amount of
compensation offered because of any disability income, pension or other
benefit the applicant or employee receives from other source.

Reference to 29 CFR 32.13


Sec. 32.13 Reasonable accommodation.

(a) A recipient shall make reasonable accommodation to the known
physical or mental limitations of an otherwise qualified handicapped
applicant, employee or participant unless the recipient can demonstrate
that the accommodation would impose an undue hardship on the operation
of its program.
(b) In determining pursuant to paragraph (a) of this section whether
an accommodation would impose an undue hardship on the operation of a
recipient's program, factors to be considered include;
(1) The overall size of the recipient's program with respect to
number of employees, number of participants, number and type of
facilities, and size of budget;
(2) The type of the recipient's operation, including the composition
and structure of the recipient's workforce, and duration and type of
training program; and
(3) The nature and cost of the accommodation needed.
(c) A recipient may not deny any employment or training opportunity
to aqualified handicapped employee, applicant or participant if the basis
for the denial is the need to make reasonable accommodation to the
physical or mental limitations of the employee, applicant or
participant.
(d) Nothing in this paragraph shall relieve a recipient of its
obligation to make its program accessible as required in subpart C of
this part, or to provide auxiliary aids, as required by Sec. 32.4(b)(7).

Reference to 29 CFR 32.14


Sec. 32.14 Job qualifications.

(a) The recipient shall provide for, and shall adhere to, a schedule
for the review of the appropriateness of all job qualifications to
ensure that to the extent job qualifications tend to exclude handicapped
individuals because of their handicap, they are related to the
performance of the job and are consistent with business necessity and
safe performance.
(b) Whenever a recipient applies job qualifications in the selection
of applicants, employees or participants for employment or training or
other change in employment status such as promotion, demotion or
training, which would tend to exclude handicapped individuals because of
their handicap, the qualifications shall be related to the specific job
or jobs for which the individual is being considered and shall be
consistent with business necessity and safe performance. The recipient
shall have the burden to demonstrate that it has complied with the
requirements of this paragraph.

Reference to 29 CFR 32.15


Sec. 32.15 Preemployment inquiries.

(a) Except as provided in paragraphs (b) and (c) of this section, a
recipient may not conduct preemployment medical examinations or make
preemployment inquiry of an applicant for employment or training as to
whether the applicant is a handicapped person or as to the nature or the
severity of a handicap. A recipient may, however, make preemployment
inquiry into an applicant's ability to perform job-related functions.
(b) When a recipient is taking remedial action to correct the
effects of past discrimination, when a recipient is taking voluntary
action to overcome the effects of conditions that resulted in limited
paticipation in its federally-assisted program or activity, or when a
recipient is taking affirmative action pursuant to section 503 of the
Act, the recipient may invite applicants for employment or training to
indicate whether and to what extent they are handicapped if:
(1) The recipient states clearly on any written questionnaire used
for this purpose or makes clear orally, if no written questionnaire is
used, that the information requested is intended for use solely in
connection with its remedial action obligations or its voluntary or
affirmative action efforts.
(2) The recipient states clearly that the information is being
requested on a voluntary basis, that it will be kept confidential as
provided in paragraph (d) of this section, that refusal to provide it
will not subject the applicant, employee or participant to any adverse
treatment, and that it will be used only in accordance with this part.
(c) An employer who routinely requires medical examinations as part
of the employment selection process must demonstrate that each of the
requirements of this subsection are met:
(1) The medical examination shall be performed by a physician
qualified to make functional assessments of individuals in a form which
will express residual capacity for work or training. Such an assessment
does not require clinical determinations of disease or disability, but
shall provide selecting or referring officials sufficient information
regarding any functional limitations relevant to proper job placement or
referral to appropriate training programs. Factors which may be assessed
may include, for example, use of limbs and extremities, mobility and
posture, endurance and energy expenditure, ability to withstand various
working conditions and environments, use of senses and mental capacity;
(2) The results of the medical examination shall be specific and
objective so as to be susceptible to review by independent medical
evaluators and shall be transmitted to the applicant or employee at the
same time as the employing official;
(3) The results of the medical examination shall not be used to
screen out qualified applicants and employees but o determine proper
placement and reasonable accommodation. The employing official using
physical or mental information obtained pursuant to this section should
be familiar with physical or mental activities involved in performing
the job, and the working conditions and environment in which it is
carried out. If the applicant is being considered for a variety of
jobs having different requirements or skills, the employing official
should make a functional assessment of the physical or mental demands
of the jobs in order to match the applicant with the most suitable vacancy;
(4) All of potential employees for the jobs are subjected to the
medical examination;
(5) The procedures for using medical examinations or the medical
information shall be constructed in such a manner that:
(i) A conditional job offer was made or the individual was
conditionally placed in a job pool or conditionally placed on an
eligibility list prior to the medical examination being performed; or
(ii) The results of the medical examination were considered by the
employing official only after a conditional decision to make a job offer
or the individual had been placed conditionally in a job pool or
conditionally placed on an eligibility list; that is the medical results
were the last factor evaluated by the employing officials before a final
decision to make an offer of employment was made.
(6) Unless a conditional job offer is made prior to the medical
examination, all potential employees for the job shall be informed at
the time of the medical examination that:
(i) The results of the medical examination are the last factor
evaluated by the employing official before a final decision to make an
offer of employment is made, and
(ii) The medical examination results shall be transmitted to the
employing official and the applicant only after a conditional decision
to make a job offer has been made.
(d) Information obtained in accordance with this section as to the
medical condition or history of the applicant shall be collected and
maintained on separate forms that shall be accorded confidentiality as
medical records, except that:
(1) Employing officials may obtain the information after making a
conditional decision to make a job offer to the applicant or the
applicant was placed conditionally in a job pool or placed conditionally
on an eligibility list.
(2) Supervisors and managers may be informed regarding restricions
on the work or duties of qualified handicapped persons and regarding
necessary accommodations;
(3) First aid and safety personnel may be informed, where
appropriate, if the condition might require emergency treatment; and
(4) Government officials investigating compliance with the Act shall
be provided information upon request.

Sec. 32.16 Listing of employment openings.


Recipients should request State employment security agencies to
refer qualified handicapped individuals for consideration for
employment.

Sec. 32.17 Labor unions and recruiting and training agencies.


(a) The performance of a recipient's obligations under the
nondiscrimination provisions of these regulations may necessitate a
revision in a collective bargaining agreement(s). The policy of the
Department of Labor is to use its best efforts, directly or through the
recipients, subgrantees, local officials, vocational rehabilitation
facilities, and other available instrumentalities, to cause any labor
union, recruiting and training agency or other representative or workers
who are or may be engaged in work under programs of Federal financial
assistance to cooperate with, and to comply in the implementation of
section 504.
( b) To effectuate the purposes of paragraph (a) of this section, the
Assistant Secretary may hold hearings, public or private, with respect
to the practices and policies of any such labor union or recruiting and
training agency.

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(c) Whenever compliance with section 504 necessitates a revision of
a collective bargaining agreement or otherwise significantly affects a
substantial number of employees represented by the union, the collective
bargaining representatives shall be given an opportunity to present
their views to the Assistant Secretary.
(d) The Assistant Secretary may notify any Federal, State, or local
agency of his/her conclusions and recommendations with respect to any
such labor organization or recruiting and training agency which in his/
her judgment has failed to cooperate with the Department of Labor,
recipients, subgrantees or applicants in carrying out the purposes of
section 504. The Assistant Secretary also may notify other appropriate
Federal agencies when there is reason to believe that the practices of
any such labor organization or agency violates other provisions of
Federal law.


Reference to 29 CFR 32 Subpart C
29CFR32 Subpart C comprises 29CFR32.26 to 32.28. See following:

Reference to 29 CFR 32.26Sec. 32.26 Discrimination prohibited.
No qualified handicapped individual shall, because a recipient's
facilities are inaccessible to or unusable by handicapped individuals,
be denied the benefits of, be excluded from participation in, or
otherwise be subjected to discrimination under any program or activity
to which this part applies.

Reference to 29 CFR 32.27(a)
Sec. 32.27 Access to programs.

(a) Purpose. A recipient shall operate each program or activity to
which this part applies so that the program or activity, when viewed in
its entirety, is readily accessible to qualified handicapped
individuals. This paragraph does not require a recipient to make each of
its existing facilities or every part of a facility accessible to and
usable by qualified handicapped individuals. However, if a particular
program is available in only one location, that site must be made
accessible or the program must be made available at an alternative
accessible site or sites. Program accessibility requires nonpersonal
aids to make the program accessible to mobility impaired persons.
Reasonable accommodations, as defined in Sec. 32.3, are required for
particular handicapped individuals in response to the specific
limitations of their handicaps.

Reference to 29 CFR 32.27(b)
(b) Scope and application. (1) For the purpose of this subpart ,
prime sponsors under the Comprehensive Employment and Training Act and
any other individual or organization which receives a grant directly
from the Department to establish or operate any program or activity
shall assure that the program or activity, including Public Service
Employment, Work Experience, Classroom Training and On-the-Job-Training,
when viewed in its entirety, is readily accessible to qualified
handicapped individuals.
(2) Job Corps. All agencies, grantees, or contractors which screen
or recruit applicants for the Job Corps shall comply with the
nondiscrimination provisions of this part. Each regional office of the
Department of Labor's Employment and Training Administration which makes
the decision on the assignment of a Job Corps applicant to a particular
center may, where it finds, after consultation with the qualified
handicapped person seeking Job Corps services, that there is no method
of complying with Sec. 32.27(a) at a particular Job Corps Center, other
than by making a significant alteration in its existing facilities or in
its training programs, assign that individual to another Job Corps
Center which is accessible in accordance with this section and which is
offering comparable training. The Job Corps, and each regional office of
the Employment and Training Administration, shall assure that the Job
Corps Program, when viewed in its entirety, is readily accessible to
qualified handicapped individuals and that all future construction,
including improvements to existing Centers, be made accessible to the
handicapped.
(3) If a small recipient finds, after consultation with a qualified
handicapped person seeking its services, that there is no method of
complying with Sec. 32.27(a) other than making a significant alteration
in its existing facilities or facility the recipient may, as an
alternative, refer the qualified handicapped person to other providers
of those services that are accessible.

Reference to 29 CFR 32.27(c)
Sec. 32.27 Access to programs.

(c) Methods. A recipient may comply with the requirement of
Sec. 32.27(a)
through such means as redesign of equipment, reassignment of classes or
other services to accessible buildings, assignment of aides to
beneficiaries, home visits, delivery of services at alternate accessible
sites, alteration of existing facilities and construction of new
facilities in conformance with the requirements of Sec. 32.28, or any
other method that results in making its program or activity accessible
to handicapped individuals. A recipient is not required to make
structural changes in existing facilities where other methods are
effective in achieving compliance with Sec. 32.27(a). In choosing among
available methods for meeting the requirement of Sec. 32.27(a), a
recipient shall give priority to those methods that offer programs and
activities to handicapped persons in the most integrated setting
appropriate.

Reference to 29 CFR 32.28(a)
Sec. 32.28 Architectural standards.

(a) Design and construction. Each facility or part of a facility
constructed by, on behalf of, or for the use of a recipient shall be
designed and constructed in such manner that the facility or part of the
facility is readily accessible to and usable by qualified handicapped
individuals, if the construction was commenced after the effective date
of this part.

Reference to 29 CFR 32.28(b)
Sec. 32.28 Architectural standards.
(b) Alteration. Each facility or part of a facility which is altered
by, on behalf of, or for the use of a recipient after the effective date
of this part in a manner that affects or could affect the usability of
the facility or part of the facility shall, to the maximum extent
feasible, be altered in such manner that the altered portion of the
facility is readily accessible to and usable by qualified handicapped
individuals.

Reference to 29 CFR 32.28(c)
Sec. 32.28 Architectural standards.

(c) Standards for architectural accessibility. Design, construction,
or alteration of facilities under this subpart shall meet the most
current standards for physical accessibility prescribed by the General
Services Administration under the Architectural Barriers Act at 41 CFR
101-19.6. Alternative standards may be adopted when it is clearly
evident that equivalent or greater access to the facility or part of the
facility is thereby provided.

Reference to 29 CFR 32 Appendix A
Appendix A to Part 32

Accommodations may take many forms based on the type of handicap and
the needs of the individual. In developing appropriate accommodations,
the individual should be consulted as to particular needs.
The following is a list of possible types of accommodations provided
for guidance and technical assistance. These suggestions are not
mandatory, and other forms of accommodation not described herein may be
required if they are appropriate to meet the needs of particular
handicapped individuals.

Accommodations for Participants and Employees

(a) Job restructuring means the procedure which includes:
(1) Identifying the separate tasks that comprise a job or group of
jobs;
(2) Developing new position descriptions which retain some of the
tasks of the original job; and
(3) Developing a career ladder which builds upward from the new
positions which contain the lesser skilled tasks to regular jobs. A
restructured job can be clearly different from the original one in terms
of skills, knowledge, abilities, and work experience needed to perform
the work. Job restructuring is intended to maximize the abilities of the
particular handicapped person and is not intended to permit a recipient
to underemploy or job-stereotype that person. A restructured job, for
example, could be one in which the more highly skilled but physically
less demanding duties are retained, e.g. operating controls and switches
in a steel mill, and less skilled, physically taxing duties, e.g.
lifting, pulling, are reassigned to non-handicapped employees.
(b) Modify job or program schedules, for example, by allowing for a
flexible schedule a few days a week so that a participant or employee
may undergo medical treatment or therapy. Work-times or participation in
program activities may also be altered to permit handicapped individuals
to travel to and from work during non-rush hours. For employees or
participants who become unable to perform the duties of their positions
because of a physical or mental condition, recipients may be required to
grant liberal time off or leave without pay when paid sick leave is
exhausted and when the disability is of a nature that it is likely to
respond to treatment of hospitalization. See, e.g., 339 Federal
Personnel Manual-1-3(b)(1).
(c) Modify program and work procedures and training time.
(d) Relocate particular offices or jobs or program activities so
that they are in facilities accessible to and usable by qualified
handicapped persons. For example, an employee or participant with a
respiratory ailment can be placed in a ``nonsmoking'' and/or well-
ventilated office.
(e) Acquire or modify equipment or devices. For hearing-impaired
participants or employees, this may include placing amplifiers on telephone
receivers, making telephone equipment compatible with hearing aids, providing
flashing lights to supplement telephone rings or installing
telecommunications devices (TDD's or TTY's). For blind participants or
employees, this may include providing tape recorders or dictating
machines for those who cannot type. For wheelchair-users, this may
include raising on blocks a desk that is otherwise too low for the
employee, rather than purchasing a specially-made desk. A recipient is
not obligated to acquire or modify equipment that enables a participant
or employee to perform a particular job or participate in a particular
program until after an employee with a need for these modifications is
hired for a particular office or admitted to a program.
(f) Provide readers, interpreters, and similar assistance as needed
for deaf, blind and other handicapped participants or employees. In most
instances, this would not require a full-time assistant.
(g) Decrease reliance solely on one form of communication. For
example, for deaf participants or employees this may include
supplementing program or job orientation sessions with written manuals
and other visual materials. If appropriate, a visual warning system
should be installed. It may also include providing flashing lights to
supplement auditory signals such as sirens and alarm bells. For blind
employees, this may include making some communications available in
braille, enlarged print, or on cassette recordings. A recipient should
tailor the accommodations listed above to the needs of the individual
participants or employees who have been admitted to a particular program
or hired for a particular office.
(h) Provide human relations-sensitivity training on issues
pertaining to handicapped discrimination to all recipient employees.
(i) Conduct ongoing training and planning sessions with recipient
supervisors, managers, personnel, technical experts and disability
rights advocates to implement and evaluate methods of reasonable
accommodation.

Accommodations for Applicants

(a) Announce program and job vacancies in a form readily
understandable by mentally handicapped persons and by persons with
impaired vision or hearing, for example, by making the announcements
available in braille or on cassette tapes. Sec. 32.4(e) of DOL's
proposed section 504 regulations requires recipients to insure that
communications with applicants are available to persons with impaired
vision or hearing. Recipients shall undertake to explain, as
appropriate, program and job announcements to mentally handicapped
participants or employees or applicants. For example, this might entail
notifying known mentally handicapped participants or employees of
openings for positions that they might be able to perform and taking
specific steps to clearly explain the nature of the program or job and
its benefits to that individual.

Handicapped Persons

(b) Provide readers, interpreters, and other similar assistance
during the application, testing, and interview process.
(c) Appropriately adjust or modify examinations so that the test
results accurately reflect the applicant's skills, aptitude or whatever
other factor the test purports to measure, rather than reflecting the
applicant's impaired sensory, manual, or speaking skills (except where
those skills are the factors that the test purports to measure). This
may require the extension of traditional time deadlines or allowing, for
example, a blind person to answer an examination orally.
(d) If necessary waive traditional tests and permit the applicant to
demonstrate his or her skills through alternate techniques and
utilization of adapted tools, aids, and devices.

Reference to 29 CFR Part37

http://www.access.gpo.gov/nara/cfr/waisidx_02/29cfr37_02.html


Reference to 29 CFR 37 Subpart A

Subpart A comprises 29CFR37.1 to 37.16. See full document at http://www.access.gpo.gov/nara/cfr/waisidx_02/29cfr37_02.html


Reference to 29 CFR 37.1
Sec. 37.1 What is the purpose of this part?

The purpose of this part is to implement the nondiscrimination and
equal opportunity provisions of the Workforce Investment Act of 1998
(WIA), which are contained in section 188 of WIA. Section 188 prohibits
discrimination on the grounds of race, color, religion, sex, national
origin, age, disability, political affiliation or belief, and for
beneficiaries only, citizenship or participation in a WIA Title I-
financially assisted program or activity. This part clarifies the
application of the nondiscrimination and equal opportunity provisions of
WIA and provides uniform procedures for implementing them.

Reference to 29 CFR 37.3
Sec. 37.3 How does this part affect a recipient's other obligations?

(a) A recipient's compliance with this part will satisfy any
obligation of the recipient to comply with 29 CFR part 31, the
Department of Labor's regulations implementing Title VI of the Civil
Rights Act of 1964, as amended (Title VI), and with Subparts A, D and E
of 29 CFR part 32, the Department's regulations implementing Section 504
of the Rehabilitation Act of 1973, as amended (Section 504).
(b) 29 CFR part 32, Subparts B and C and Appendix A, the
Department's regulations which implement the requirements of Section 504
pertaining to employment practices and employment-related training,
program accessibility, and reasonable accommodation, are hereby
incorporated into this part by reference. Therefore, recipients must
comply with the requirements set forth in those regulatory sections as
well as the requirements listed in this part.
(c) Recipients that are also public entities or public
accommodations, as defined by Titles II and III of the Americans with
Disabilities Act of 1990 (ADA), should be aware of obligations imposed
by those titles.
(d) Similarly, recipients that are also employers, employment
agencies, or other entities covered by Title I of the ADA should be
aware of obligations imposed by that title.
(e) Compliance with this part does not affect, in any way, any
additional obligation that a recipient may have to comply with the
following laws and their implementing regulations:
(1) Executive Order 11246, as amended;
(2) Sections 503 and 504 of the Rehabilitation Act of 1973, as
amended (29 U.S.C. 793 and 794);
(3) The affirmative action provisions of the Vietnam Era Veterans'
Readjustment Assistance Act of 1974, as amended (38 U.S.C. 4212);
(4) The Equal Pay Act of 1963, as amended (29 U.S.C. 206d);
(5) Titles VI and VII of the Civil Rights Act of 1964, as amended
(42 U.S.C. 2000d et seq. and 2000e et seq.);
(6) The Age Discrimination Act of 1975, as amended (42 U.S.C. 6101);
(7) The Age Discrimination in Employment Act of 1967, as amended (29
U.S.C. 621);
(8) Title IX of the Education Amendments of 1972, as amended (Title
IX) (20 U.S.C. 1681);
(9) The Americans with Disabilities Act of 1990, as amended (42
U.S.C. 12101 et seq.); and
(10) The anti-discrimination provision of the Immigration and
Nationality Act, as amended (8 U.S.C. 1324b).
(f) This rule does not preempt consistent State and local
requirements.

Reference to 29 CFR 37.3(a)
Sec. 37.3 How does this part affect a recipient's other obligations?

(a) A recipient's compliance with this part will satisfy any
obligation of the recipient to comply with 29 CFR part 31, the
Department of Labor's regulations implementing Title VI of the Civil
Rights Act of 1964, as amended (Title VI), and with Subparts A, D and E
of 29 CFR part 32, the Department's regulations implementing Section 504
of the Rehabilitation Act of 1973, as amended (Section 504).

Reference to 29 CFR 37.3(b)
Sec. 37.3 How does this part affect a recipient's other obligations?

(b) 29 CFR part 32, Subparts B and C and Appendix A, the
Department's regulations which implement the requirements of Section 504
pertaining to employment practices and employment-related training,
program accessibility, and reasonable accommodation, are hereby
incorporated into this part by reference. Therefore, recipients must
comply with the requirements set forth in those regulatory sections as
well as the requirements listed in this part.

Reference to 29 CFR 37.3(c)
Sec. 37.3 How does this part affect a recipient's other obligations?

(c) Recipients that are also public entities or public
accommodations, as defined by Titles II and III of the Americans with
Disabilities Act of 1990 (ADA), should be aware of obligations imposed
by those titles.

Reference to 29 CFR 37.3(d)
Sec. 37.3 How does this part affect a recipient's other obligations?

(d) Similarly, recipients that are also employers, employment
agencies, or other entities covered by Title I of the ADA should be
aware of obligations imposed by that title.

Reference to 29 CFR 37.4
Disability means, with respect to an individual, a physical or
mental impairment that substantially limits one or more of the major
life activities of such individual; a record of such an impairment; or
being regarded as having such an impairment.
(1)(i) The phrase physical or mental impairment means--
(A) Any physiological disorder or condition, cosmetic disfigurement,
or anatomical loss affecting one or more of the following body systems:
neurological, musculoskeletal, special sense organs, respiratory
(including speech organs), cardiovascular, reproductive, digestive,
genitourinary, hemic and lymphatic, skin, and endocrine;
(B) Any mental or psychological disorder such as mental retardation,
organic brain syndrome, emotional or mental illness, and specific
learning disabilities.
(ii) The phrase physical or mental impairment includes, but is not
limited to, such contagious and noncontagious diseases and conditions as
orthopedic, visual, speech and hearing impairments, cerebral palsy,
epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease,
diabetes, mental retardation, emotional illness, specific learning
disabilities, HIV disease (whether symptomatic or asymptomatic),
tuberculosis, drug addiction, and alcoholism. The phrase ``physical or
mental impairment'' does not include homosexuality or bisexuality.
(2) The phrase major life activities means functions such as caring
for one's self, performing manual tasks, walking, seeing, hearing,
speaking, breathing, learning, and working.
(3) The phrase has a record of such an impairment means has a
history of, or has been misclassified as having, a mental or physical
impairment that substantially limits one or more major life activities.
(4) The phrase is regarded as having an impairment means--
(i) Has a physical or mental impairment that does not substantially
limit major life activities but that is treated by the recipient as
being such a limitation;
(ii) Has a physical or mental impairment that substantially limits
major life activities only as a result of the attitudes of others toward
such impairment; or
(iii) Has none of the impairments defined in paragraph (1) of this
definition but is treated by the recipient as having such an impairment.

LWIA (Local Workforce Investment Area) grant recipient means the entity that receives WIA Title I financial assistance for a Local Workforce Investment Area directly from the Governor and disburses those funds for workforce investment activities.

Qualified individual with a disability means:
(1) With respect to employment, an individual with a disability who,
with or without reasonable accommodation, is capable of performing the
essential functions of the job in question;
(2) With respect to aid, benefits, services, or training, an
individual with a disability who, with or without reasonable
accommodation and/or reasonable modification, meets the essential
eligibility requirements for the receipt of such aid, benefits,
services, or training.

See 29CFR37.4

Sec. 37.4 What definitions apply to this part?

Small recipient means a recipient who:
(a) Serves a total of fewer than 15 beneficiaries during the entire
grant year, and
(b) Employs fewer than 15 employees on any given day during the
grant year.
Solicitor means the Solicitor of Labor, U.S. Department of Labor, or
his or her designee.
State means the individual states of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
American Samoa, Guam, Wake Island, the Commonwealth of the Northern
Mariana Islands, the Federated States of Micronesia, the Republic of the
Marshall Islands, and Palau.


Reference to 29 CFR 37.6
Sec. 37.6 What specific discriminatory actions, based on prohibited grounds
other than disability, are prohibited by this part?

(a) For the purposes of this section, ``prohibited ground'' means
race, color, religion, sex, national origin, age, political affiliation
or belief, and for beneficiaries only, citizenship or participation in
any WIA Title I--financially assisted program or activity.
(b) A recipient must not, directly or through contractual,
licensing, or other arrangements, on a prohibited ground:
(1) Deny an individual any aid, benefits, services, or training
provided under a WIA Title I--funded program or activity;
(2) Provide to an individual any aid, benefits, services, or
training that is different, or is provided in a different manner, from
that provided to others under a WIA Title I--funded program or activity;
(3) Subject an individual to segregation or separate treatment in
any matter related to his or her receipt of any aid, benefits, services,
or training under a WIA Title I--funded program or activity;
(4) Restrict an individual in any way in the enjoyment of any
advantage or privilege enjoyed by others receiving any aid, benefits,
services, or training under a WIA Title I--funded program or activity;
(5) Treat an individual differently from others in determining
whether he or she satisfies any admission, enrollment, eligibility,
membership, or other requirement or condition for any aid, benefits,
services, or training provided under a WIA Title I--funded program or
activity;
(6) Deny or limit an individual with respect to any opportunity to
participate in a WIA Title I--funded program or activity, or afford him
or her an opportunity to do so that is different from the opportunity
afforded others under a WIA Title I--funded program or activity;
(7) Deny an individual the opportunity to participate as a member of
a planning or advisory body that is an integral part of the WIA Title
I--funded program or activity; or
(8) Otherwise limit on a prohibited ground an individual in
enjoyment of any right, privilege, advantage, or opportunity enjoyed by
others receiving any WIA Title I--financially assisted aid, benefits,
services, or training.
(c) A recipient must not, directly or through contractual,
licensing, or other arrangements:
(1) Aid or perpetuate discrimination by providing significant
assistance to an agency, organization, or person that discriminates on a
prohibited ground in providing any aid, benefits, services, or training
to registrants, applicants or participants in a WIA Title I--funded
program or activity; or
(2) Refuse to accommodate an individual's religious practices or
beliefs, unless to do so would result in undue hardship, as defined in
section 37.4.
(d) (1) In making any of the determinations listed in paragraph
(d)(2) of this section, either directly or through contractual,
licensing, or other arrangements, a recipient must not use standards,
procedures, criteria, or administrative methods that have any of the
following purposes or effects:
(i) Subjecting individuals to discrimination on a prohibited ground;
or
(ii) Defeating or substantially impairing, on a prohibited ground,
accomplishment of the objectives of either:
(A) The WIA Title I--funded program or activity; or
(B) the nondiscrimination and equal opportunity provisions of WIA or
this part.
(2) The determinations to which this paragraph applies include, but
are not limited to:
(i) The types of aid, benefits, services, training, or facilities
that will be provided under any WIA Title I--funded program or activity;
(ii) The class of individuals to whom such aid, benefits, services,
training, or facilities will be provided; or
(iii) The situations in which such aid, benefits, services,
training, or facilities will be provided.
(3) Paragraph (d) of this section applies to the administration of
WIA Title I--funded programs or activities providing aid, benefits,
services, training, or facilities in any manner, including, but not
limited to:
(i) Outreach and recruitment;
(ii) Registration;
(iii) Counseling and guidance;
(iv) Testing;
(v) Selection, placement, appointment, and referral;
(vi) Training; and
(vii) Promotion and retention.
(4) A recipient must not take any of the prohibited actions listed
in paragraph (d) of this section either directly or through contractual,
licensing, or other arrangements.
(e) In determining the site or location of facilities, a grant
applicant or recipient must not make selections that have any of the
following purposes or effects:
(1) On a prohibited ground:
(i) Excluding individuals from a WIA Title I--financially assisted
program or activity;
(ii) Denying them the benefits of such a program or activity; or
(iii) Subjecting them to discrimination; or
(2) Defeating or substantially impairing the accomplishment of the
objectives of either:
(i) The WIA Title I--financially assisted program or activity; or
(ii) The nondiscrimination and equal opportunity provisions of WIA
or this part.
(f) (1) A recipient must not permit participants to be employed or
trained in sectarian activities.
(2) This paragraph applies to any facility that is, or will be,
primarily used or inherently devoted either:
(A) For sectarian instruction; or
(B) As a place of worship,
(ii) A recipient must not permit participants to be employed or
trained in any way to:
(A) Construct any part of such a facility,
(B) Operate any part of such a facility, or
(C) Maintain any part of that facility.
(3) If a facility is not primarily or inherently devoted to
sectarian instruction or religious worship, a recipient may permit the
use of WIA Title I funds to employ participants to maintain the
facility, if the organization that operates the facility is part of a
program or activity that provides services to participants.
(g) The exclusion of an individual from programs or activities
limited by Federal statute or Executive Order to a certain class or
classes of individuals of which the individual in question is not a
member is not prohibited by this part.

Reference to 29 CFR 37.7
Sec. 37.7 What specific discriminatory actions based on disability are
prohibited by this part?

(a) In providing any aid, benefits, services, or training under a
WIA Title I--financially assisted program or activity, a recipient must
not, directly or through contractual, licensing, or other arrangements,
on the ground of disability:
(1) Deny a qualified individual with a disability the opportunity to
participate in or benefit from the aid, benefits, services, or training;
(2) Afford a qualified individual with a disability an opportunity
to participate in or benefit from the aid, benefits, services, or
training that is not equal to that afforded others;
(3) Provide a qualified individual with a disability with an aid,
benefit, service or training that is not as effective in affording equal
opportunity to obtain the same result, to gain the same benefit, or to
reach the same level of achievement as that provided to others;
(4) Provide different, segregated, or separate aid, benefits,
services, or training to individuals with disabilities, or to any class
of individuals with disabilities, unless such action is necessary to
provide qualified individuals with disabilities with aid, benefits,
services or training that are as effective as those provided to others;
(5) Deny a qualified individual with a disability the opportunity to
participate as a member of planning or advisory boards; or
(6) Otherwise limit a qualified individual with a disability in
enjoyment of any right, privilege, advantage, or opportunity enjoyed by
others receiving any aid, benefit, service or training.
(b) A recipient must not, directly or through contractual,
licensing, or other arrangements, aid or perpetuate discrimination
against qualified individuals with disabilities by providing significant
assistance to an agency, organization, or person that discriminates on
the basis of disability in providing any aid, benefits, services or
training to registrants, applicants, or participants.
(c) A recipient must not deny a qualified individual with a
disability the opportunity to participate in WIA Title I--financially
assisted programs or activities despite the existence of permissibly
separate or different programs or activities.
(d) A recipient must administer WIA Title I--financially assisted
programs and activities in the most integrated setting appropriate to
the needs of qualified individuals with disabilities.
(e) A recipient must not, directly or through contractual,
licensing, or other arrangements, use standards, procedures, criteria,
or administrative methods:
(1) That have the purpose or effect of subjecting qualified
individuals with disabilities to discrimination on the ground of
disability;
(2) That have the purpose or effect of defeating or substantially
impairing accomplishment of the objectives of the WIA Title I--
financially assisted program or activity with respect to individuals
with disabilities; or
(3) That perpetuate the discrimination of another entity if both
entities are subject to common administrative control or are agencies of
the same state.
(f) In determining the site or location of facilities, a grant
applicant or recipient must not make selections that have any of the
following purposes or effects:
(1) On the basis of disability:
(i) Excluding qualified individuals from a WIA Title I-financially
assisted program or activity;
(ii) Denying them the benefits of such a program or activity; or
(iii) Subjecting them to discrimination; or
(2) Defeating or substantially impairing the accomplishment of the
disability-related objectives of either:
(i) The WIA Title I-financially assisted program or activity; or
(ii) The nondiscrimination and equal opportunity provisions of WIA
or this part.
(g) A recipient, in the selection of contractors, must not use
criteria that subject qualified individuals with disabilities to
discrimination on the basis of disability.
(h) A recipient must not administer a licensing or certification
program in a manner that subjects qualified individuals with
disabilities to discrimination on the basis of disability, nor may a
recipient establish requirements for the programs or activities of
licensees or certified entities that subject qualified individuals with
disabilities to discrimination on the basis of disability. The programs
or activities of entities that are licensed or certified by a recipient
are not, themselves, covered by this part.
(i) A recipient must not impose or apply eligibility criteria that
screen out or tend to screen out an individual with a disability or any
class of individuals with disabilities from fully and equally enjoying
any aid, benefit, service, training, program, or activity, unless such
criteria can be shown to be necessary for the provision of the aid,
benefit, service, training, program, or activity being offered.
(j) Nothing in this part prohibits a recipient from providing aid,
benefits, services, training, or advantages to individuals with
disabilities, or to a particular class of individuals with disabilities,
beyond those required by this part.
(k) A recipient must not place a surcharge on a particular
individual with a disability, or any group of individuals with
disabilities, to cover the costs of measures, such as the provision of
auxiliary aids or program accessibility, that are required to provide
that individual or group with the nondiscriminatory treatment required
by WIA Title I or this part.
(l) A recipient must not exclude, or otherwise deny equal aid,
benefits, services, training, programs, or activities to, an individual
or entity because of the known disability of an individual with whom the
individual or entity is known to have a relationship or association.
(m) The exclusion of an individual without a disability from the
benefits of a program limited by Federal statute or Executive Order to
individuals with disabilities, or the exclusion of a specific class of
individuals with disabilities from a program limited by Federal statute
or Executive Order to a different class of individuals with
disabilities, is not prohibited by this part.
(n) This part does not require a recipient to provide any of the
following to individuals with disabilities:
(1) Personal devices, such as wheelchairs;
(2) Individually prescribed devices, such as prescription eyeglasses
or hearing aids;
(3) Readers for personal use or study; or
(4) Services of a personal nature, including assistance in eating,
toileting, or dressing.
(o)(1) Nothing in this part requires an individual with a disability
to accept an accommodation, aid, benefit, service, training, or
opportunity provided under WIA Title I or this part that such individual
chooses not to accept.
(2) Nothing in this part authorizes the representative or guardian
of an individual with a disability to decline food, water, medical
treatment, or medical services for that individual.

Reference to 29 CFR 37.7(a)(4)
Sec. 37.7 What specific discriminatory actions based on disability are
prohibited by this part?

(a) In providing any aid, benefits, services, or training under a
WIA Title I--financially assisted program or activity, a recipient must
not, directly or through contractual, licensing, or other arrangements,
on the ground of disability:
(4) Provide different, segregated, or separate aid, benefits,
services, or training to individuals with disabilities, or to any class
of individuals with disabilities, unless such action is necessary to
provide qualified individuals with disabilities with aid, benefits,
services or training that are as effective as those provided to others;

Reference to 29 CFR 37.7(c)
Sec. 37.7 What specific discriminatory actions based on disability are
prohibited by this part?

(c) A recipient must not deny a qualified individual with a
disability the opportunity to participate in WIA Title I--financially
assisted programs or activities despite the existence of permissibly
separate or different programs or activities.

Reference to 29 CFR 37.7(d)
Sec. 37.7 What specific discriminatory actions based on disability are
prohibited by this part?

(d) A recipient must administer WIA Title I--financially assisted
programs and activities in the most integrated setting appropriate to
the needs of qualified individuals with disabilities

Reference 29 CFR 37.7(e)
Sec. 37.7 What specific discriminatory actions based on disability are
prohibited by this part?

(e) A recipient must not, directly or through contractual,
licensing, or other arrangements, use standards, procedures, criteria,
or administrative methods:
(1) That have the purpose or effect of subjecting qualified
individuals with disabilities to discrimination on the ground of
disability;
(2) That have the purpose or effect of defeating or substantially
impairing accomplishment of the objectives of the WIA Title I--
financially assisted program or activity with respect to individuals
with disabilities; or
(3) That perpetuate the discrimination of another entity if both
entities are subject to common administrative control or are agencies of
the same state.

Reference to 29 CFR 37.8
Sec. 37.8 What are a recipient's responsibilities regarding reasonable
accommodation and reasonable modification for individuals with disabilities?

(a) With regard to aid, benefits, services, training, and
employment, a recipient must provide reasonable accommodation to
qualified individuals with disabilities who are applicants, registrants,
eligible applicants/registrants, participants, employees, or applicants
for employment, unless providing the accommodation would cause undue
hardship. See the definitions of ``reasonable accommodation'' and
``undue hardship'' in Sec. 37.4 of this part.
(1) In those circumstances where a recipient believes that the
proposed accommodation would cause undue hardship, the recipient has the
burden of proving that the accommodation would result in such hardship.
(2) The recipient must make the decision that the accommodation
would cause such hardship only after considering all factors listed in
the definition of ``undue hardship'' in Sec. 37.4. The decision must be
accompanied by a written statement of the recipient's reasons for reaching
that conclusion. The recipient must provide a copy of the statement of
reasons to the individual or individuals who requested the accommodation.
(3) If a requested accommodation would result in undue hardship, the
recipient must take any other action that would not result in such
hardship, but would nevertheless ensure that, to the maximum extent
possible, individuals with disabilities receive the aid, benefits,
services, training, or employment provided by the recipient.
(b) A recipient must also make reasonable modifications in policies,
practices, or procedures when the modifications are necessary to avoid
discrimination on the basis of disability, unless making the
modifications would fundamentally alter the nature of the service,
program, or activity. See the definition of ``fundamental alteration''
in Sec. 37.4 of this part.
(1) In those circumstances where a recipient believes that the
proposed modification would fundamentally alter the program, activity,
or service, the recipient has the burden of proving that the
modification would result in such an alteration.
(2) The recipient must make the decision that the modification would
result in such an alteration only after considering all factors listed
in the definition of ``fundamental alteration'' in Sec. 37.4. The
decision must be accompanied by a written statement of the recipient's
reasons for reaching that conclusion. The recipient must provide a copy
of the statement of reasons to the individual or individuals who
requested the modification.
(3) If a modification would result in a fundamental alteration, the
recipient must take any other action that would not result in such an
alteration, but would nevertheless ensure that, to the maximum extent
possible, individuals with disabilities receive the aid, benefits,
services, training, or employment provided by the recipient.

Reference to 29 CFR 37.9
Sec. 37.9 What are a recipient's responsibilities to communicate
with individuals with disabilities?

(a) Recipients must take appropriate steps to ensure that
communications with beneficiaries, registrants, applicants, eligible
applicants/registrants, participants, applicants for employment,
employees, and members of the public who are individuals with
disabilities, are as effective as communications with others.
(b) A recipient must furnish appropriate auxiliary aids or services
where necessary to afford individuals with disabilities an equal
opportunity to participate in, and enjoy the benefits of, the WIA Title
I--financially assisted program or activity. In determining what type of
auxiliary aid or service is appropriate and necessary, such recipient
must give primary consideration to the requests of the individual with a
disability.
(c) Where a recipient communicates by telephone with beneficiaries,
registrants, applicants, eligible applicants/registrants, participants,
applicants for employment, and/or employees, the recipient must use
telecommunications devices for individuals with hearing impairments
(TDDs/TTYs), or equally effective communications systems, such as
telephone relay services.
(d) A recipient must ensure that interested individuals, including
individuals with visual or hearing impairments, can obtain information
as to the existence and location of accessible services, activities, and
facilities.
(e)(1) A recipient must provide signage at a primary entrance to
each of its inaccessible facilities, directing users to a location at
which they can obtain information about accessible facilities. The
signage provided must meet the most current standards prescribed by the
General Services Administration under the Architectural Barriers Act at
41 CFR 101-19.6. Alternative standards for the signage may be adopted
when it is clearly evident that such alternative standards provide
equivalent or greater access to the information.
(2) The international symbol for accessibility must be used at each
primary entrance of an accessible facility.
(f) This section does not require a recipient to take any action
that it can demonstrate would result in a fundamental alteration in the
nature of a service, program, or activity.
(1) In those circumstances where a recipient believes that the
proposed action would fundamentally alter the WIA Title I--financially
assisted program, activity, or service, the recipient has the burden of
proving that compliance with this section would result in such an
alteration.
(2) The decision that compliance would result in such an alteration
must be made by the recipient after considering all resources available
for use in the funding and operation of the WIA Title I--financially
assisted program, activity, or service, and must be accompanied by a
written statement of the reasons for reaching that conclusion.
(3) If an action required to comply with this section would result
in the fundamental alteration described in paragraph (f)(1) of this
section, the recipient must take any other action that would not result
in such an alteration, but would nevertheless ensure that, to the
maximum extent possible, individuals with disabilities receive the
benefits or services provided by the recipient.


Reference to 29 CFR 37.9(a)
Sec. 37.9 What are a recipient's responsibilities to communicate
with individuals with disabilities?

(a) Recipients must take appropriate steps to ensure that
communications with beneficiaries, registrants, applicants, eligible
applicants/registrants, participants, applicants for employment,
employees, and members of the public who are individuals with
disabilities, are as effective as communications with others.

Reference to 29 CFR 37.9(b)
Sec. 37.9 What are a recipient's responsibilities to communicate
with individuals with disabilities?

(b) A recipient must furnish appropriate auxiliary aids or services
where necessary to afford individuals with disabilities an equal
opportunity to participate in, and enjoy the benefits of, the WIA Title
I--financially assisted program or activity. In determining what type of
auxiliary aid or service is appropriate and necessary, such recipient
must give primary consideration to the requests of the individual with a
disability.

Reference to 29 CFR 37.9(c)
Sec. 37.9 What are a recipient's responsibilities to communicate
with individuals with disabilities?

(c) Where a recipient communicates by telephone with beneficiaries,
registrants, applicants, eligible applicants/registrants, participants,
applicants for employment, and/or employees, the recipient must use
telecommunications devices for individuals with hearing impairments
(TDDs/TTYs), or equally effective communications systems, such as
telephone relay services.

Reference to 29 CFR 37.9(d) and .9(e)
Sec. 37.9 What are a recipient's responsibilities to communicate
with individuals with disabilities?

(d) A recipient must ensure that interested individuals, including
individuals with visual or hearing impairments, can obtain information
as to the existence and location of accessible services, activities, and
facilities.

Reference to 29 CFR 37.9(e)
Sec. 37.9 What are a recipient's responsibilities to communicate
with individuals with disabilities?

(e)(1) A recipient must provide signage at a primary entrance to
each of its inaccessible facilities, directing users to a location at
which they can obtain information about accessible facilities. The
signage provided must meet the most current standards prescribed by the
General Services Administration under the Architectural Barriers Act at
41 CFR 101-19.6. Alternative standards for the signage may be adopted
when it is clearly evident that such alternative standards provide
equivalent or greater access to the information.
(2) The international symbol for accessibility must be used at each
primary entrance of an accessible facility.

Reference to 29 CFR 37.10
Sec. 37.10 To what extent are employment practices covered by this part?

(a) Discrimination on the ground of race, color, religion, sex,
national origin, age, disability, or political affiliation or belief is
prohibited in employment practices in the administration of, or in
connection with:
(1) Any WIA Title I-financially assisted program or activity; and
(2) Any program or activity that is part of the One-Stop delivery
system and is operated by a One-Stop partner listed in Section 121(b) of
WIA, to the extent that the program or activity is being conducted as
part of the One-Stop delivery system.
(b) Employee selection procedures. In implementing this section, a
recipient must comply with the Uniform Guidelines on Employee Selection
Procedures, 41 CFR part 60-3.
(c) Standards for employment-related investigations and reviews. In
any investigation or compliance review, the Director must consider Equal
Employment Opportunity Commission (EEOC) regulations, guidance and
appropriate case law in determining whether a recipient has engaged in
an unlawful employment practice.
(d) As provided in Sec. 37.3(b) of this part, 29 CFR part 32,
subparts B and C and Appendix A, which implement the requirements of
Section 504 pertaining to employment practices and employment-related
training, program accessibility, and reasonable accommodation, have been
incorporated into this part by reference. Therefore, recipients must
comply with the requirements set forth in those regulatory sections as
well as the requirements listed in this part.
(e) Recipients that are also employers, employment agencies, or
other entities covered by Titles I and II of the ADA should be aware of
obligations imposed by those titles. See 29 CFR part 1630 and 28 CFR
part 35.
(f) Similarly, recipients that are also employers covered by the
anti-discrimination provision of the Immigration and Nationality Act
should be aware of the obligations imposed by that provision. See 8
U.S.C. 1324b, as amended.
(g) This rule does not preempt consistent State and local
requirements.

Reference to 29 CFR 37.10(d)
Sec. 37.10 To what extent are employment practices covered by this part?
(d) As provided in Sec. 37.3(b) of this part, 29 CFR part 32,
subparts B and C and Appendix A, which implement the requirements of
Section 504 pertaining to employment practices and employment-related
training, program accessibility, and reasonable accommodation, have been
incorporated into this part by reference. Therefore, recipients must
comply with the requirements set forth in those regulatory sections as
well as the requirements listed in this part.

Reference 29 CFR 37.10(e)
Sec. 37.10 To what extent are employment practices covered by this part?

(e) Recipients that are also employers, employment agencies, or
other entities covered by Titles I and II of the ADA should be aware of
obligations imposed by those titles. See 29 CFR part 1630 and 28 CFR
part 35.

Reference to 29 CFR 37.20
Sec. 37.20 What is a grant applicant's obligation to provide a written
assurance?

Assurances
(a) (1) Each application for financial assistance under Title I of
WIA, as defined in Sec. 37.4, must include the following assurance:
As a condition to the award of financial assistance from the
Department of Labor under Title I of WIA, the grant applicant assures
that it will comply fully with the nondiscrimination and equal
opportunity provisions of the following laws:
Section 188 of the Workforce Investment Act of 1998 (WIA), which
prohibits discrimination against all individuals in the United States on
the basis of race, color, religion, sex, national origin, age,
disability, political affiliation or belief, and against beneficiaries
on the basis of either citizenship/status as a lawfully admitted
immigrant authorized to work in the United States or participation in
any WIA Title I--financially assisted program or activity;
Title VI of the Civil Rights Act of 1964, as amended, which
prohibits discrimination on the bases of race, color and national
origin;
Section 504 of the Rehabilitation Act of 1973, as amended, which
prohibits discrimination against qualified individuals with
disabilities;
The Age Discrimination Act of 1975, as amended, which prohibits
discrimination on the basis of age; and
Title IX of the Education Amendments of 1972, as amended, which
prohibits discrimination on the basis of sex in educational programs.
The grant applicant also assures that it will comply with 29 CFR
part 37 and all other regulations implementing the laws listed above.
This assurance applies to the grant applicant's operation of the WIA
Title I-financially assisted program or activity, and to all agreements
the grant applicant makes to carry out the WIA Title I-financially
assisted program or activity. The grant applicant understands that the
United States has the right to seek judicial enforcement of this
assurance.

(2) The assurance is considered incorporated by operation of law in
the grant, cooperative agreement, contract or other arrangement whereby
Federal financial assistance under Title I of the WIA is made available,
whether or not it is physically incorporated in such document and
whether or not there is a written agreement between the Department and
the recipient, between the Department and the Governor, between the
Governor and the recipient, or between recipients. The assurance also
may be incorporated by reference in such grants, cooperative agreements,
contracts, or other arrangements.
(b) Continuing State programs. Each Strategic Five-Year State Plan
submitted by a State to carry out a continuing WIA Title I-financially
assisted program or activity must provide a statement that the WIA Title
I-financially assisted program or activity is (or, in the case of a new
WIA Title I-financially assisted program or activity, will be) conducted
in compliance with the nondiscrimination and equal opportunity
provisions of WIA and this part, as a condition to the approval of the
Five-Year Plan and the extension of any WIA Title I financial assistance
under the Plan. The State also must certify that it has developed and
maintains a Methods of Administration under Sec. 37.54.

Reference to 29 CFR 37.20(a)(1)
Sec. 37.20 What is a grant applicant's obligation to provide a written
assurance?

Assurances

(a) (1) Each application for financial assistance under Title I of
WIA, as defined in Sec. 37.4, must include the following assurance:
As a condition to the award of financial assistance from the
Department of Labor under Title I of WIA, the grant applicant assures
that it will comply fully with the nondiscrimination and equal
opportunity provisions of the following laws:
Section 188 of the Workforce Investment Act of 1998 (WIA), which
prohibits discrimination against all individuals in the United States on
the basis of race, color, religion, sex, national origin, age,
disability, political affiliation or belief, and against beneficiaries
on the basis of either citizenship/status as a lawfully admitted
immigrant authorized to work in the United States or participation in
any WIA Title I--financially assisted program or activity;
Title VI of the Civil Rights Act of 1964, as amended, which
prohibits discrimination on the bases of race, color and national
origin;
Section 504 of the Rehabilitation Act of 1973, as amended, which
prohibits discrimination against qualified individuals with
disabilities;
The Age Discrimination Act of 1975, as amended, which prohibits
discrimination on the basis of age; and
Title IX of the Education Amendments of 1972, as amended, which
prohibits discrimination on the basis of sex in educational programs.
The grant applicant also assures that it will comply with 29 CFR
part 37 and all other regulations implementing the laws listed above.
This assurance applies to the grant applicant's operation of the WIA
Title I-financially assisted program or activity, and to all agreements
the grant applicant makes to carry out the WIA Title I-financially
assisted program or activity. The grant applicant understands that the
United States has the right to seek judicial enforcement of this
assurance.

Sec. 37.20 What is a grant applicant's obligation to provide a written
assurance?

Reference to 29 CFR 37.20(a)(2)
Assurances

(a)

(2) The assurance is considered incorporated by operation of law in
the grant, cooperative agreement, contract or other arrangement whereby
Federal financial assistance under Title I of the WIA is made available,
whether or not it is physically incorporated in such document and
whether or not there is a written agreement between the Department and
the recipient, between the Department and the Governor, between the
Governor and the recipient, or between recipients. The assurance also
may be incorporated by reference in such grants, cooperative agreements,
contracts, or other arrangements.


Reference to 29 CFR 37.21
Sec. 37.21 How long will the recipient's obligation under the assurance
last, and how broad is the obligation?

(a) Where the WIA Title I financial assistance is intended to
provide, or is in the form of, either personal property, real property,
structures on real property, or interest in any such property or
structures, the assurance will obligate the recipient, or (in the case
of a subsequent transfer) the transferee, for the longer of:
(1) The period during which the property is used either:
(i) For a purpose for which WIA Title I financial assistance is
extended; or
(ii) For another purpose involving the provision of similar services
or benefits; or
(2) The period during which either:
(i) The recipient retains ownership or possession of the property;
or
(ii) The transferee retains ownership or possession of the property
without compensating the Departmental grantmaking agency for the fair
market value of that ownership or possession.
(b) In all other cases, the assurance will obligate the recipient
for the period during which WIA Title I financial assistance is
extended.

Reference to 29 CFR 37.22
Sec. 37.22 How must covenants be used in connection with this part?

(a) Where WIA Title I financial assistance is provided in the form
of a transfer of real property, structures, or improvements on real
property or structures, or interests in real property or structures, the
instrument effecting or recording the transfer must contain a covenant
assuring nondiscrimination and equal opportunity for the period
described in Sec. 37.21.
(b) Where no Federal transfer of real property or interest therein
from the Federal Government is involved, but real property or an
interest therein is acquired or improved under a program of WIA Title I
financial assistance, the recipient must include the covenant described
in paragraph (a) of this section in the instrument effecting or
recording any subsequent transfer of such property.
(c) When the property is obtained from the Federal Government, the
covenant described in paragraph (a) of this section also may include a
condition coupled with a right of reverter to the Department in the
event of a breach of the covenant.

References to 29 CFR 37.23
Sec. 37.23 Who must designate an Equal Opportunity Officer?

Every recipient must designate an Equal Opportunity Officer (``EO
Officer''), except small recipients and service providers, as defined in
Sec. 37.4. The responsibilities of small recipients and service
providers are described in Secs. 37.27 and 37.28.

References to 29 CFR 37.24
Sec. 37.24 Who is eligible to serve as an Equal Opportunity Officer?

A senior-level employee of the recipient should be appointed as the
recipient's Equal Opportunity Officer. Depending upon the size of the
recipient, the size of the recipient's WIA Title I-financially assisted
programs or activities, and the number of applicants, registrants, and
participants served by the recipient, the EO Officer may, or may not, be
assigned other duties. However, he or she must not have other
responsibilities or activities that create a conflict, or the appearance
of a conflict, with the responsibilities of an EO Officer.

References to 29 CFR 37.25
Sec. 37.25 What are the responsibilities of an Equal Opportunity Officer?

An Equal Opportunity Officer is responsible for coordinating a
recipient's obligations under this part. Those responsibilities include,
but are not limited to:
(a) Serving as the recipient's liaison with CRC;
(b) Monitoring and investigating the recipient's activities, and the
activities of the entities that receive WIA Title I funds from the
recipient, to make sure that the recipient and its subrecipients are not
violating their nondiscrimination and equal opportunity obligations
under WIA Title I and this part;
(c) Reviewing the recipient's written policies to make sure that
those policies are nondiscriminatory;
(d) Developing and publishing the recipient's procedures for
processing discrimination complaints under Secs. 37.76 through 37.79,
and making sure that those procedures are followed;
(e) Reporting directly to the appropriate official (including, but
not limited to, the State WIA Director, Governor's WIA Liaison, Job
Corps Center Director, SESA Administrator, or LWIA grant recipient)
about equal opportunity matters;
(f) Undergoing training (at the recipient's expense) to maintain
competency, if the Director requires him or her, and/or his or her
staff, to do so; and
(g) If applicable, overseeing the development and implementation of
the recipient's Methods of Administration under Sec. 37.54.


Reference to 29 CFR 37.25(b)
Sec. 37.25 What are the responsibilities of an Equal Opportunity Officer?

An Equal Opportunity Officer is responsible for coordinating a
recipient's obligations under this part. Those responsibilities include,
but are not limited to:
(b) Monitoring and investigating the recipient's activities, and the
activities of the entities that receive WIA Title I funds from the
recipient, to make sure that the recipient and its subrecipients are not
violating their nondiscrimination and equal opportunity obligations
under WIA Title I and this part;

Reference to 29 CFR 37.25(d)
Sec. 37.25 What are the responsibilities of an Equal Opportunity Officer?

(d) Developing and publishing the recipient's procedures for
processing discrimination complaints under Secs. 37.76 through 37.79,
and making sure that those procedures are followed;


References to 29 CFR 37.26
Sec. 37.26 What are a recipient's obligations relating to the Equal
Opportunity Officer?

A recipient has the following obligations:
(a) Making the Equal Opportunity Officer's name, and his or her
position title, address, and telephone number (voice and TDD/TTY)
public;
(b) Ensuring that the EO Officer's identity and contact information
appears on all internal and external communications about the
recipient's nondiscrimination and equal opportunity programs;
(c) Assigning sufficient staff and resources to the Equal
Opportunity Officer, and providing him or her with the necessary support
of top management, to ensure compliance with the nondiscrimination and
equal opportunity provisions of WIA and this part; and
(d) Ensuring that the EO Officer and his/her staff are afforded the
opportunity to receive the training necessary and appropriate to
maintain competency.

References to 29 CFR 37.27
Sec. 37.27 What are the obligations of small recipients regarding Equal
Opportunity Officers?

Although small recipients do not need to designate Equal Opportunity
Officers who have the full range of responsibilities listed above, they
must designate an individual who will be responsible for developing and
publishing of complaint procedures, and the processing of complaints, as
explained in Secs. 37.76 through 37.79.

References to 29 CFR 37.28
Sec. 37.28 What are the obligations of service providers regarding Equal
Opportunity Officers?

Service providers, as defined in Sec. 37.4, are not required to
designate an Equal Opportunity Officer. The obligation for ensuring
service provider compliance with the nondiscrimination and equal
opportunity provisions of WIA and this part rests with the Governor or
LWIA grant recipient, as specified in the State's Methods of
Administration.

Reference to 29 CFR 37.29
Sec. 37.29 What are a recipient's obligations to disseminate its equal
opportunity policy?

(a) A recipient must provide initial and continuing notice that it
does not discriminate on any prohibited ground. This notice must be
provided to:
(1) Registrants, applicants, and eligible applicants/registrants;
(2) Participants;
(3) Applicants for employment and employees;
(4) Unions or professional organizations that hold collective
bargaining or professional agreements with the recipient;
(5) Subrecipients that receive WIA Title I funds from the recipient;
and
(6) Members of the public, including those with impaired vision or
hearing.
(b) As provided in Sec. 37.9, the recipient must take appropriate
steps to ensure that communications with individuals with disabilities
are as effective as communications with others.

Reference to 29 CFR 37.29(a)
Sec. 37.29 What are a recipient's obligations to disseminate its equal
opportunity policy?

(a) A recipient must provide initial and continuing notice that it
does not discriminate on any prohibited ground. This notice must be
provided to:
(1) Registrants, applicants, and eligible applicants/registrants;
(2) Participants;
(3) Applicants for employment and employees;
(4) Unions or professional organizations that hold collective
bargaining or professional agreements with the recipient;
(5) Subrecipients that receive WIA Title I funds from the recipient;
and
(6) Members of the public, including those with impaired vision or
hearing.

Reference to 37.29(b)
Sec. 37.29 What are a recipient's obligations to disseminate its equal
opportunity policy?

(b) As provided in Sec. 37.9, the recipient must take appropriate
steps to ensure that communications with individuals with disabilities
are as effective as communications with others.


Reference to 29 CFR 37.30
Sec. 37.30 What specific wording must the notice contain?

The notice must contain the following specific wording:
Equal Opportunity Is the Law

It is against the law for this recipient of Federal financial
assistance to discriminate on the following bases:
against any individual in the United States, on the basis of race,
color, religion, sex, national origin, age, disability, political
affiliation or belief; and
against any beneficiary of programs financially assisted under Title
I of the Workforce Investment Act of 1998 (WIA), on the basis of the
beneficiary's citizenship/status as a lawfully admitted immigrant
authorized to work in the United States, or his or her participation in
any WIA Title I-financially assisted program or activity.
The recipient must not discriminate in any of the following areas:
deciding who will be admitted, or have access, to any WIA Title I-
financially assisted program or activity;
providing opportunities in, or treating any person with regard to,
such a program or activity; or
making employment decisions in the administration of, or in
connection with, such a program or activity.

What to Do If You Believe You Have Experienced Discrimination

If you think that you have been subjected to discrimination under a
WIA Title I-financially assisted program or activity, you may file a
complaint within 180 days from the date of the alleged violation with
either:
the recipient's Equal Opportunity Officer (or the person whom the
recipient has designated for this purpose); or
the Director, Civil Rights Center (CRC), U.S. Department of Labor,
200 Constitution Avenue NW, Room N-4123, Washington, DC 20210.
If you file your complaint with the recipient, you must wait either
until the recipient issues a written Notice of Final Action, or until 90
days have passed (whichever is sooner), before filing with the Civil
Rights Center (see address above).
If the recipient does not give you a written Notice of Final Action
within 90 days of the day on which you filed your complaint, you do not
have to wait for the recipient to issue that Notice before filing a
complaint with CRC. However, you must file your CRC complaint within 30
days of the 90-day deadline (in other words, within 120 days after the
day on which you filed your complaint with the recipient).
If the recipient does give you a written Notice of Final Action on
your complaint, but you are dissatisfied with the decision or
resolution, you may file a complaint with CRC. You must file your CRC
complaint within 30 days of the date on which you received the Notice of
Final Action.

Reference to 29 CFR 37.31
Sec. 37.31 Where must the notice required by Secs. 37.29 and 37.30 be
published?

(a) At a minimum, the notice required by Secs. 37.29 and 37.30 must
be:
(1) Posted prominently, in reasonable numbers and places;
(2) Disseminated in internal memoranda and other written or
electronic communications;
(3) Included in handbooks or manuals; and
(4) Made available to each participant, and made part of each
participant's file.
(b) The notice must be provided in appropriate formats to
individuals with visual impairments. Where notice has been given in an
alternate format to a participant with a visual impairment, a record
that such notice has been given must be made a part of the participant's
file.

Reference to 29 CFR 37.31(a)
Sec. 37.31 Where must the notice required by Secs. 37.29 and 37.30 be
published?

(a) At a minimum, the notice required by Secs. 37.29 and 37.30 must
be:
(1) Posted prominently, in reasonable numbers and places;
(2) Disseminated in internal memoranda and other written or
electronic communications;
(3) Included in handbooks or manuals; and
(4) Made available to each participant, and made part of each
participant's file.

Reference to 37.31(b)
(b) The notice must be provided in appropriate formats to
individuals with visual impairments. Where notice has been given in an
alternate format to a participant with a visual impairment, a record
that such notice has been given must be made a part of the participant's
file.

Reference to 29 CFR 37.32
Sec. 37.32 When must the notice required by Secs. 37.29 and 37.30 be
provided?

The notice required by Secs. 37.29 and 37.30 must be initially
provided within 90 days of the effective date of this part, or of the
date this part first applies to the recipient, whichever comes later.

Reference to 29 CFR 37.33
Sec. 37.33 Who is responsible for meeting the notice requirement with
respect to service providers?

The Governor or the LWIA grant recipient, as determined by the
Governor and as provided in that State's Methods of Administration, will
be responsible for meeting the notice requirement provided in Sections
37.29 and 37.30 with respect to a State's service providers.

Reference to 29 CFR 37.34
Sec. 37.34 What type of notice must a recipient include in publications,
broadcasts, and other communications?

(a) Recipients must indicate that the WIA Title I-financially
assisted program or activity in question is an ``equal opportunity
employer/program,'' and that ``auxiliary aids and services are available
upon request to individuals with disabilities,'' in recruitment brochures
and other materials that are ordinarily distributed or communicated
in written and/or oral form, electronically and/or on paper, to staff,
clients, or the public at large, to describe programs financially
assisted under Title I of WIA or the requirements for participation
by recipients and participants. Where such materials indicate that
the recipient may be reached by telephone, the materials must state
the telephone number of the TDD/TTY or relay service used by the
recipient, as required by Sec. 37.9(c).
(b) Recipients that publish or broadcast program information in the
news media must ensure that such publications and broadcasts state that
the WIA Title I-financially assisted program or activity in question is
an equal opportunity employer/program (or otherwise indicate that
discrimination in the WIA Title I-financially assisted program or
activity is prohibited by Federal law), and indicate that auxiliary aids
and services are available upon request to individuals with
disabilities.
(c) A recipient must not communicate any information that suggests,
by text or illustration, that the recipient treats beneficiaries,
registrants, applicants, participants, employees or applicants for
employment differently on any prohibited ground specified in Sec. 37.5,
except as such treatment is otherwise permitted under Federal law or
this part.

Reference to 29 CFR 37.34(a)
Sec. 37.34 What type of notice must a recipient include in publications,
broadcasts, and other communications?

(a) Recipients must indicate that the WIA Title I-financially
assisted program or activity in question is an
``equal opportunity employer/program,'' and that ``auxiliary aids and
services are available upon request to individuals with disabilities,''
in recruitment brochures and other materials that are ordinarily
distributed or communicated in written and/or oral form, electronically
and/or on paper, to staff, clients, or the public at large, to describe
programs financially assisted under Title I of WIA or the requirements
for participation by recipients and participants. Where such materials
indicate that the recipient may be reached by telephone, the materials
must state the telephone number of the TDD/TTY or relay service used by
the recipient, as required by Sec. 37.9(c).

Reference to 29 CFR 37.34(b)
Sec. 37.34 What type of notice must a recipient include in publications,
broadcasts, and other communications?

(b) Recipients that publish or broadcast program information in the
news media must ensure that such publications and broadcasts state that
the WIA Title I-financially assisted program or activity in question is
an equal opportunity employer/program (or otherwise indicate that
discrimination in the WIA Title I-financially assisted program or
activity is prohibited by Federal law), and indicate that auxiliary aids
and services are available upon request to individuals with
disabilities.

Reference to 29 CFR 37.35
Sec. 37.35 What are a recipient's responsibilities to provide services
and information in languages other than English?

(a) A significant number or proportion of the population eligible to
be served, or likely to be directly affected, by a WIA Title I-
financially assisted program or activity may need services or
information in a language other than English in order to be effectively
informed about, or able to participate in, the program or activity.
Where such a significant number or proportion exists, a recipient must
take the following actions:
(1) Consider:
(i) The scope of the program or activity, and
(ii) The size and concentration of the population that needs
services or information in a language other than English; and
(2) Based on those considerations, take reasonable steps to provide
services and information in appropriate languages. This information must
include the initial and continuing notice required under Secs. 37.29 and
37.30, and all information that is communicated under Sec. 37.34.
(b) In circumstances other than those described in paragraph (a) of
this section, a recipient should nonetheless make reasonable efforts to
meet the particularized language needs of limited-English-speaking
individuals who seek services or information from the recipient.

Reference to 29 CFR 37.36
Sec. 37.36 What responsibilities does a recipient have to communicate
information during orientations?

During each presentation to orient new participants, new employees,
and/or the general public to its WIA Title I-financially assisted
program or activity, a recipient must include a discussion of rights
under the nondiscrimination and equal opportunity provisions of WIA and
this part, including the right to file a complaint of discrimination
with the recipient or the Director.

Reference to 29 CFR 37.37
Sec. 37.37 What are a recipient's responsibilities to collect and
maintain data and other information?

(a) The Director will not require submission of data that can be
obtained from existing reporting requirements or sources, including
those of other agencies, if the source is known and available to the
Director.
(b)(1) Each recipient must collect such data and maintain such
records, in accordance with procedures prescribed by the Director, as
the Director finds necessary to determine whether the recipient has
complied or is complying with the nondiscrimination and equal
opportunity provisions of WIA or this part. The system and format in
which the records and data are kept must be designed to allow the
Governor and CRC to conduct statistical or other quantifiable data
analyses to verify the recipient's compliance with section 188 of
WIA and this part.
(2) Such records must include, but are not limited to, records on
applicants, registrants, eligible applicants/registrants, participants,
terminees, employees, and applicants for employment. Each recipient must
record the race/ethnicity, sex, age, and where known, disability status,
of every applicant, registrant, eligible applicant/registrant,
participant, terminee, applicant for employment, and employee. Such
information must be stored in a manner that ensures confidentiality, and
must be used only for the purposes of recordkeeping and reporting;
determining eligibility, where appropriate, for WIA Title I-financially
assisted programs or activities; determining the extent to which the
recipient is operating its WIA Title I-financially assisted program or
activity in a nondiscriminatory manner; or other use authorized by law.
(c) Each recipient must maintain, and submit to CRC upon request, a
log of complaints filed with it that allege discrimination on the
ground(s) of race, color, religion, sex, national origin, age,
disability, political affiliation or belief, citizenship, and/or
participation in a WIA Title I-financially assisted program or activity.
The log must include: the name and address of the complainant; the
ground of the complaint; a description of the complaint; the date the
complaint was filed; the disposition and date of disposition of the
complaint; and other pertinent information. Information that could lead
to identification of a particular individual as having filed a complaint
must be kept confidential.
(d) Where designation of individuals by race or ethnicity is
required, the guidelines of the Office of Management and Budget must be
used.
(e) A service provider's responsibility for collecting and
maintaining the information required under this section may be assumed
by the Governor or LWIA grant recipient, as provided in the State's
Methods of Administration.

Reference to 29 CFR 37.38
Sec. 37.38 What information must grant applicants and recipients provide
to CRC?

In addition to the information which must be collected, maintained,
and, upon request, submitted to CRC under Sec. 37.37:
(a) Each grant applicant and recipient must promptly notify the
Director when any administrative enforcement actions or lawsuits are
filed against it alleging discrimination on the ground of race, color,
religion, sex, national origin, age, disability, political affiliation
or belief, and for beneficiaries only, citizenship or participation in a
WIA Title I-financially assisted program or activity. This notification
must include:
(1) The names of the parties to the action or lawsuit;
(2) The forum in which each case was filed; and
(3) The relevant case numbers.
(b) Each grant applicant (as part of its application) and recipient
(as part of a compliance review conducted under Section 37.63, or
monitoring activity carried out under Sec. 37.65) must provide the
following information:
(1) The name of any other Federal agency that conducted a civil
rights compliance review or complaint investigation, and that found the
grant applicant or recipient to be in noncompliance, during the two
years before the grant application was filed or CRC began its
examination; and
(2) Information about any administrative enforcement actions or
lawsuits that alleged discrimination on any protected basis, and that
were filed against the grant applicant or recipient during the two years
before the application or renewal application, compliance review, or
monitoring activity. This information must include:
(i) The names of the parties;
(ii) The forum in which each case was filed; and
(iii) The relevant case numbers.
(c) At the discretion of the Director, grant applicants and
recipients may be required to provide, in a timely manner, any
information and data necessary to investigate complaints and conduct
compliance reviews on grounds prohibited under the nondiscrimination
and equal opportunity provisions of WIA and this part.
(d) At the discretion of the Director, recipients may be required to
provide, in a timely manner, the particularized information and/or to
submit the periodic reports that the Director considers necessary to
determine compliance with the nondiscrimination and equal opportunity
provisions of WIA or this part.
(e) At the discretion of the Director, grant applicants may be
required to submit, in a timely manner, the particularized information
necessary to determine whether or not the grant applicant, if
financially assisted, would be able to comply with the nondiscrimination
and equal opportunity provisions of WIA or this part.
(f) Where designation of individuals by race or ethnicity is
required, the guidelines of the Office of Management and Budget must be
used.

Reference to 29 CFR 37.39
Sec. 37.39 How long must grant applicants and recipients maintain the
records required under this part?

(a) Each recipient must maintain the following records for a period
of not less than three years from the close of the applicable program
year:
(1) The records of applicants, registrants, eligible applicants/
registrants, participants, terminees, employees, and applicants for
employment; and
(2) Such other records as are required under this part or by the
Director.
(b) Records regarding complaints and actions taken on the complaints
must be maintained for a period of not less than three years from the
date of resolution of the complaint.

Reference to 29 CFR 37.40
Sec. 37.40 What access to sources of information must grant applicants
and recipients provide the Director?

(a) Each grant applicant and recipient must permit access by the
Director during normal business hours to its premises and to its
employees and participants, to the extent that such individuals are on
the premises during the course of the investigation, for the purpose of
conducting complaint investigations, compliance reviews, monitoring
activities associated with a State's development and implementation of a
Methods of Administration, and inspecting and copying such books,
records, accounts and other materials as may be pertinent to ascertain
compliance with and ensure enforcement of the nondiscrimination and
equal opportunity provisions of WIA or this part.
(b) Asserted considerations of privacy or confidentiality are not a
basis for withholding information from CRC and will not bar CRC from
evaluating or seeking to enforce compliance with the nondiscrimination
and equal opportunity provisions of WIA and this part.
(c) Whenever any information that the Director asks a grant
applicant or recipient to provide is in the exclusive possession of
another agency, institution, or person, and that agency, institution, or
person fails or refuses to furnish the information upon request, the
grant applicant or recipient must certify to CRC that it has made
efforts to obtain the information and that the agency, institution, or
person has failed or refused to provide it. This certification must list
the name and address of the agency, institution, or person that has
possession of the information and the specific efforts the grant
applicant or recipient made to obtain it.

Reference to 29 CFR 37.41
Sec. 37.41 What responsibilities do grant applicants, recipients, and
the Department have to maintain the confidentiality of the information
collected?

The identity of any individual who furnishes information relating
to, or assisting in, an investigation or a compliance review, including
the identity of any individual who files a complaint, must be kept
confidential to the extent possible, consistent with a fair
determination of the issues. An individual whose identity it is
necessary to disclose must be protected from retaliation (see
Sec. 37.11).

Reference to 29 CFR 37.42
Sec. 37.42 What are a recipient's responsibilities under this part
to provide universal access to WIA Title I-financially assisted programs
and activities?

Recipients must take appropriate steps to ensure that they are
providing
universal access to their WIA Title I-financially assisted programs and
activities. These steps should involve reasonable efforts to include
members of both sexes, various racial and ethnic groups, individuals
with disabilities, and individuals in differing age groups. Such efforts
may include, but are not limited to:
(a) Advertising the recipient's programs and/or activities in media,
such as newspapers or radio programs, that specifically target various
populations;
(b) Sending notices about openings in the recipient's programs and/
or activities to schools or community service groups that serve various
populations; and
(c) Consulting with appropriate community service groups about ways
in which the recipient may improve its outreach and service to various
populations.

Reference to 29 CFR 37.54
Sec. 37.54 What are a Governor's obligations to develop and maintain a
Methods of Administration?

(a) (1) Each Governor must establish and adhere to a Methods of
Administration for State programs as defined in Sec. 37.4. In those
States in which one agency contains both SESA or unemployment insurance
and WIA Title I-financially assisted programs, the Governor should
develop a combined Methods of Administration.
(2) Each Methods of Administration must be designed to give a
reasonable
guarantee that all recipients will comply, and are complying, with the
nondiscrimination and equal opportunity provisions of WIA and this part.
(b) The Methods of Administration must be:
(1) In writing, addressing each requirement of Sec. 37.54(d) with
narrative and documentation;
(2) Reviewed and updated as required in Sec. 37.55; and
(3) Signed by the Governor.
(c) [Reserved]
(d) At a minimum, each Methods of Administration must:
(1) Describe how the State programs and recipients have satisfied
the requirements of the following regulations:
(i) Sections 37.20 through 37.22 (assurances);
(ii) Sections 37.23 through 37.28 (Equal Opportunity Officers);
(iii) Sections 37.29 through 37.36 (Notice and Communication);
(iv) Sections 37.37 through 37.41 (Data and Information Collection
and Maintenance);
(v) Section 37.42 (Universal Access);
(vi) Section 37.53 (Governor's Oversight Responsibilities Regarding
Recipients' Recordkeeping); and
(vii) Sections 37.76 through 37.79 (Complaint Processing
Procedures); and
(2) Include the following additional elements:
(i) A system for determining whether a grant applicant, if
financially assisted, and/or a training provider, if selected as
eligible under section 122 of the Act, is likely to conduct its WIA
Title I--financially assisted programs or activities in a
nondiscriminatory way, and to comply with the regulations in this part;
(ii) A system for periodically monitoring the compliance of
recipients with WIA section 188 and this part, including a determination
as to whether each recipient is conducting its WIA Title I--financially
assisted program or activity in a nondiscriminatory way. At a minimum,
each periodic monitoring review required by this paragraph must include:
(A) A statistical or other quantifiable analysis of records and data
kept by the recipient under Sec. 37.37, including analyses by race/
ethnicity, sex, age, and disability status;
(B) An investigation of any significant differences identified in
paragraph (A) of this section in participation in the programs,
activities, or employment provided by the recipient, to determine
whether these differences appear to be caused by discrimination. This
investigation must be conducted through review of the recipient's
records and any other appropriate means; and
(C) An assessment to determine whether the recipient has fulfilled
its administrative obligations under section 188 or this part (for
example, recordkeeping, notice and communication) and any duties
assigned to it under the MOA;
(iii) A review of recipient policy issuances to ensure they are
nondiscriminatory;
(iv) A system for reviewing recipients' job training plans,
contracts, assurances, and other similar agreements to ensure that they
are both nondiscriminatory and contain the required language regarding
nondiscrimination and equal opportunity;
(v) Procedures for ensuring that recipients comply with the
requirements of Section 504 and this part with regard to individuals
with disabilities;
(vi) A system of policy communication and training to ensure that EO
Officers and members of the recipients' staffs who have been assigned
responsibilities under the nondiscrimination and equal opportunity
provisions of WIA or this part are aware of and can effectively carry
out these responsibilities;
(vii) Procedures for obtaining prompt corrective action or, as
necessary, applying sanctions when noncompliance is found; and
(viii) Supporting documentation to show that the commitments made in
the Methods of Administration have been and/or are being carried out.
This supporting documentation includes, but is not limited to:
(A) policy and procedural issuances concerning required elements of
the Methods of Administration;
(B) copies of monitoring instruments and instructions;
(C) evidence of the extent to which nondiscrimination and equal
opportunity policies have been developed and communicated as required by
this part;
(D) information reflecting the extent to which Equal Opportunity
training, including training called for by Secs. 37.25(f) and 37.26(c),
is planned and/or has been carried out;
(E) reports of monitoring reviews and reports of follow-up actions
taken under those reviews where violations have been found, including,
where appropriate, sanctions; and
(F) copies of any notices made under Secs. 37.29 through 37.36.

Reference to 29 CFR 37 Subpart D

Subpart D comprises 29CFR37.60 to 37.105. See full document at http://www.access.gpo.gov/nara/cfr/waisidx_02/29cfr37_02.html


Reference to 29 CFR 37.70-37.80
Sec. 37.70 Who may file a complaint concerning discrimination connected
with WIA Title I?

Any person who believes that either he or she, or any specific class
of individuals, has been or is being subjected to discrimination
prohibited by WIA or this part, may file a written complaint, either by
him/herself or through a representative.

Sec. 37.71 Where may a complaint be filed?

A complainant may file a complaint with either the recipient or the Director. Complaints filed with the Director should be sent to the address listed in the notice in Sec. 37.30.

Sec. 37.72 When must a complaint be filed?

Generally, a complaint must be filed within 180 days of the alleged discrimination. However, for good cause shown, the Director may extend the filing time. The time period for filing is for the administrative convenience of CRC, and does not create a defense for the respondent.

Sec. 37.73 What information must a complaint contain?

Each complaint must be filed in writing, and must contain the following information:
(a) The complainant's name and address (or another means of contacting the complainant);
(b) The identity of the respondent (the individual or entity that the complainant alleges is responsible for the discrimination);
(c) A description of the complainant's allegations. This description must include enough detail to allow the Director or the recipient, as applicable, to decide whether:
(i) CRC or the recipient, as applicable, has jurisdiction over the complaint;
(ii) The complaint was filed in time; and
(iii) The complaint has apparent merit; in other words, whether the complainant's allegations, if true, would violate any of the nondiscrimination and equal opportunity provisions of WIA or this part;
and
(d) The complainant's signature or the signature of the complainant's authorized representative.

Sec. 37.74 Are there any forms that a complainant may use to file a complaint?

Yes. A complainant may file a complaint by completing and submitting CRC's Complaint Information and Privacy Act Consent Forms, which may be obtained either from the recipient's EO Officer, or from CRC at the address listed in the notice contained in Sec. 37.30.

Sec. 37.75 Is there a right of representation in the complaint process?

Yes. Both the complainant and the respondent have the right to be represented by an attorney or other individual of their choice.

Sec. 37.76 What are the required elements of a recipient's discrimination complaint processing procedures?

(a) The procedures that a recipient adopts and publishes must provide that the recipient will issue a written Notice of Final Action on discrimination complaints within 90 days of the date on which the complaint is filed.
(b) At a minimum, the procedures must include the following elements:
(1) Initial, written notice to the complainant that contains the following information:
(i) An acknowledgment that the recipient has received the complaint, and
(ii) Notice that the complainant has the right to be represented in the complaint process;
(2) A written statement of the issue(s), provided to the complainant, that includes the following information: (i) A list of the issues raised in the complaint, and (ii) For each such issue, a statement whether the recipient will accept the issue for investigation or reject the issue, and the reasons for each rejection; (3) A period for fact-finding or investigation of the circumstances underlying the complaint; (4) A period during which the recipient attempts to resolve the complaint. The methods available to resolve the complaint must include alternative dispute resolution (ADR), as described in paragraph (c) of this section (5) A written Notice of Final Action, provided to the complainant within 90 days of the date on which the complaint was filed, that contains the following information: (i) For each issue raised in the complaint, a statement of either: (A) The recipient's decision on the issue and an explanation of the reasons underlying the decision, or (B) A description of the way the parties resolved the issue; and (ii) Notice that the complainant has a right to file a complaint with CRC within 30 days of the date on which the Notice of Final Action is issued if he or[[Page 413]]she is dissatisfied with the recipient's final action on the complaint. (c) The procedures the recipient adopts must provide for alternative dispute resolution (ADR). The recipient's ADR procedures must provide that: (1) The choice whether to use ADR or the customary process rests with the complainant; (2) A party to any agreement reached under ADR may file a complaint with the Director in the event the agreement is breached. In such circumstances, the following rules will apply: (i) The non-breaching party may file a complaint with the Director within 30 days of the date on which the non-breaching party learns of the alleged breach; (ii) The Director must evaluate the circumstances to determine whether the agreement has been breached. If he or she determines that the agreement has been breached, the complainant may file a complaint with CRC based upon his/her original allegation(s), and the Director will waive the time deadline for filing such a complaint. (3) If the parties do not reach an agreement under ADR, the complainant may file a complaint with the Director as described in Secs. 37.71 through 37.74.

Sec. 37.77 Who is responsible for developing and publishing complaint processing procedures for service providers? The Governor or the LWIA grant recipient, as provided in the State's Methods of Administration, must develop and publish, on behalf of its service providers, the complaint processing procedures required in Sec. 37.76. The service providers must then follow those procedures.

Sec. 37.78 Does a recipient have any special obligations in cases in which the recipient determines that it has no jurisdiction over a complaint?

Yes. If a recipient determines that it does not have jurisdiction over a complaint, it must notify the complainant, in writing, immediately. This Notice of Lack of Jurisdiction must include:
(a) A statement of the reasons for that determination, and (b) Notice that the complainant has a right to file a complaint with CRC within 30 days of the date on which the complainant receives the Notice.

Sec. 37.79 If, before the 90-day period has expired, a recipient issues a Notice of Final Action with which the complainant is dissatisfied, how long does the complainant have to file a complaint with the Director?

If, during the 90-day period, the recipient issues its Notice of Final Action, but the complainant is dissatisfied with the recipient's decision on the complaint, the complainant or his/her representative may file a complaint with the Director within 30 days after the date on which the complainant receives the Notice.


Sec. 37. 80 What happens if a recipient fails to issue a Notice of Final
Action within 90 days of the date on which a complaint was filed?

If, by the end of 90 days from the date on which the complainant
filed the complaint, the recipient has failed to issue a Notice of Final
Action, the complainant or his/her representative may file a complaint
with the Director within 30 days of the expiration of the 90-day period.
In other words, the complaint must be filed with the Director within 120
days of the date on which the complaint was filed with the recipient.

Reference to 29 CFR 37 Subpart E

Subpart E comprises 29CFR37.110 to 37.115. See full document at http://www.access.gpo.gov/nara/cfr/waisidx_02/29cfr37_02.html

Reference to 20 CFR 670.400(a)(1)


Sec. 670.400 Who is eligible to participate in the Job Corps program?

To be eligible to participate in the Job Corps, an individual must
be:
(a) At least 16 and not more than 24 years of age at the time of
enrollment, except
(1) There is no upper age limit for an otherwise eligible individual
with a disability; and

Reference to 29 CFR PART 1630

http://www.access.gpo.gov/nara/cfr/waisidx_02/29cfr1630_02.html

Reference to 29 CFR 1630.14


Sec. 1630.14 Medical examinations and inquiries specifically permitted.

(a) Acceptable pre-employment inquiry. A covered entity may make
pre-employment inquiries into the ability of an applicant to perform
job-related functions, and/or may ask an applicant to describe or to
demonstrate how, with or without reasonable accommodation, the applicant
will be able to perform job-related functions.
(b) Employment entrance examination. A covered entity may require a
medical examination (and/or inquiry) after making an offer of employment
to a job applicant and before the applicant begins his or her employment
duties, and may condition an offer of employment on the results of such
examination (and/or inquiry), if all entering employees in the same job
category are subjected to such an examination (and/or inquiry)
regardless of disability.
(1) Information obtained under paragraph (b) of this section
regarding the medical condition or history of the applicant shall be
collected and maintained on separate forms and in separate medical files
and be treated as a confidential medical record, except that:
(i) Supervisors and managers may be informed regarding necessary
restrictions on the work or duties of the employee and necessary
accommodations;
(ii) First aid and safety personnel may be informed, when
appropriate, if the disability might require emergency treatment; and
(iii) Government officials investigating compliance with this part
shall be provided relevant information on request.
(2) The results of such examination shall not be used for any
purpose inconsistent with this part.
(3) Medical examinations conducted in accordance with this section
do not have to be job-related and consistent with business necessity.
However, if certain criteria are used to screen out an employee or
employees with disabilities as a result of such an examination or
inquiry, the exclusionary criteria must be job-related and consistent
with business necessity, and performance of the essential job functions
cannot be accomplished with reasonable accommodation as required in this
part. (See Sec. 1630.15(b) Defenses to charges of discriminatory
application of selection criteria.)
(c) Examination of employees. A covered entity may require a medical
examination (and/or inquiry) of an employee that is job-related and
consistent with business necessity. A covered entity may make inquiries
into the ability of an employee to perform job-related functions.
(1) Information obtained under paragraph (c) of this section
regarding the medical condition or history of any employee shall be
collected and maintained on separate forms and in separate medical files
and be treated as a confidential medical record, except that:
(i) Supervisors and managers may be informed regarding necessary
restrictions on the work or duties of the employee and necessary
accommodations;
(ii) First aid and safety personnel may be informed, when
appropriate, if the disability might require emergency treatment; and
(iii) Government officials investigating compliance with this part
shall be provided relevant information on request.
(2) Information obtained under paragraph (c) of this section
regarding the medical condition or history of any employee shall not be
used for any purpose inconsistent with this part.
(d) Other acceptable examinations and inquiries. A covered entity
may conduct voluntary medical examinations and activities, including
voluntary medical histories, which are part of an employee health
program available to employees at the work site.
(1) Information obtained under paragraph (d) of this section
regarding the medical condition or history of any employee shall be
collected and maintained on separate forms and in separate medical files
and be treated as a confidential medical record, except that:
(i) Supervisors and managers may be informed regarding necessary
restrictions on the work or duties of the employee and necessary
accommodations;
(ii) First aid and safety personnel may be informed, when
appropriate, if the disability might require emergency treatment; and
(iii) Government officials investigating compliance with this part
shall be provided relevant information on request.
(2) Information obtained under paragraph (d) of this section
regarding the medical condition or history of any employee shall not be
used for any purpose inconsistent with this part.