Disability Access Issuesfor Religious

Organizationsin the One-Stop System

Questions and answersabout your legal responsibilities

when you receive Federal financial assistance

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Presented by

Denise Sudell, Esq.Senior Policy AdvisorCivil Rights CenterU.S. Department of Labor

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What is different for religious organizations that receive Federal financial assistance?

• Religious organizations are exempt from the accessibility requirements of the Americans with Disabilities Act (ADA)

• Religious organizations are not exempt from disability nondiscrimination laws that apply to recipients of Federal financial assistance

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What laws apply?

• Section 504 of the Rehabilitation Act of 1973 (Section 504) – applies to all recipients

• Section 188 of the Workforce Investment Act of 1998 (WIA) – applies to programs and activities that are:• Operated by One-Stop partners -- see WIA

Section 121(b)• Part of the One-Stop system

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What regulations apply?

• Subpart C of DOL’s regulations implementing Section 504 (29 CFR part 32) lists general accessibility requirements

• Regulations implementing WIA Section 188 incorporate this subpart by reference

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What is “accessibility”?

• It’s not just ramps and elevators!• Providing accessibility means taking

generalized action in advance (so you’ll be ready for people with disabilities)

• “Generalized” in this context = not tied to a particular person with a disability

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How is “accessibility” different from “reasonable accommodation”?• Accommodations are actions that

must be taken when a particular person with a disability seeks:• to apply for / participate in a program

or activity• to apply for / perform the essential

functions of a job

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Two types of accessibility

• Architectural (sometimes known as “physical”)

• Program or programmatic• We’ll discuss each of these types

in turn

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Lack of access is no excuse• 29 CFR 32.26 says you can’t:

• Exclude a person with a disability, or• Give different benefits to a person

with a disability, or• Otherwise discriminate against a

person with a disability . . .

. . . because a program or activity is inaccessible

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What accessibility standards must you meet?• It depends!

• How old is the facility? (When was it built?)• Has the facility been, or will it be, altered or

renovated for you to use? • If so, when was it/will it be altered or

renovated? (What date?)• When did you first receive Federal financial

assistance?

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What’s a “facility”?

• Not just a building!• Definition in 504 regs also includes

“all or any portion” of “structures, equipment, roads, walks, parking lots or other real or personal property” used in providing your program or activity

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Some things that you might not think of as “facilities” (but that are):

• Vehicles used for transportation• Constructs such as office cubicles

and computer kiosks

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The “hierarchy of obligations”• New construction• Alteration or renovation

• Done by you, on your behalf, or for your use?

• Before or after you received Federal financial assistance?

• “Existing facilities”

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New construction

Facility must fully meet legal standards for

architectural accessibility[required by 29 CFR 32.28(a)]

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Alteration or renovation

• Was it done:• by you?• on your behalf?• for your use?

• If no, use existing facilities rules

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Alteration or renovation (con’t)• If yes, when was it/will it be done?

• Before you received Federal financial assistance: use existing facilities rules

• After you received Federal financial assistance: altered/renovated part must comply with architectural accessibility standards

• 29 CFR 32.28(b)

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Existing facilities• Not new construction• Either:

• Not altered or renovated by you, on your behalf, or for your use; or

• Altered or renovated before you first received Federal financial assistance

• Must meet program accessibility requirements

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Federal standards for architectural accessibility

• Two different sets of Federal standards exist• Uniform Federal Accessibility

Standards (UFAS) – 41 CFR 101-19.6• Americans with Disabilities Act

Accessibility Guidelines (ADAAG)

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Which standardsshould you use?

• DOL’s Section 504 regs say UFAS• But . . . regs also allow “alternative

standards” to be used if they will allow “equivalent or greater access”

• So . . . you may use either UFAS or ADAAG

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New standards to come?

• The Access Board is updating both UFAS and ADAAG to make them more consistent

• Once approved, standards will be published in final form (until then, old standards apply)

• For more info, see www.access-board.gov/ada-aba/status.htm

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What is program accessibility?

• What it does mean:• Your program or activity must be

accessible when viewed in its entirety• Every aspect of your program or

activity must be accessible• Examples: intake, assessment,

training courses

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Program accessibility (con’t)• What it does not mean:

• Making each of your existing facilities accessible

• Making every part of your facility accessible

• Making structural changes where other ways of providing access are possible

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Program accessibility: Exception for small recipients• If your organization . . .

• Has 15 or fewer employees at all times during the grant year, and

• Serves 15 or fewer beneficiaries during the grant year, and

• Consults with one or more qualified people with disabilities, and

• Determines that it cannot provide program accessibility without making significant alterations to its existing facilities . . .

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Program accessibility: Small recipients (cont’d)

• Then . . .• you may refer participants with

disabilities to other service providers that have accessible facilities

• 29 CFR 32.27(b)(3)

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Examples of possible changes to provide program accessibility• Redesigning equipment• Moving classes or other services to

accessible locations• Assigning aides to participants/

beneficiaries

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Program accessibility: two key points

• You must provide programs and activities in most integrated setting possible for people with disabilities

• You may be required to alter or renovate your facilities if there is no other possible way of providing program accessibility

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How soon must you comply?• Programmatic accessibility: within 60

days of the date on which you receive Federal financial assistance

• Architectural accessibility / structural changes: • Transition plan: developed within six (6) months

of the date on which you receive assistance • Completion: as expeditiously as possible, but

maximum of three (3) years from date of receipt of assistance

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Some questions your organization might ask . . .

• “A local business donates office space where we offer some of our programs. Are we exempt from accessibility requirements because we do not own the space?”

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CRC’s answer . . .

• No, you are not exempt from accessibility requirements for the space.

• Some possible options:• ask the business to provide you with

accessible space• renovate / alter the space yourself• move the programs to another space

that is accessible

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More questions your organization might ask:• “Where can we get advice about

making our facilities accessible?”• Some examples:

• The U.S. Access Board: http://www.access-board.gov/indexes/technicalindex.htm

• Disability and Business Technical Assistance Centers (DBTACs): http://www.adata.org/

• Organizations in your local community that serve people with disabilities

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More questions your organization might ask:• “Where can we get information about

how to communicate with people with various types of disabilities?”

• Some examples:• The Job Accommodation Network (JAN):

http://www.jan.wvu.edu/• DOL’s Office of Disability Employment

Policy (ODEP): http://www.dol.gov/odep/ • Organizations in your local community that

serve people with various types of disabilities

Any more questions?

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How to contact me• Postal Mail:

• Denise Sudell, Civil Rights Center, U.S. Department of Labor, 200 Constitution Ave. NW, Room N-4123, Washington, DC 20210

• Telephone:• 202-693-6554 (voice)• 800-877-8339 (toll-free Federal Information

Relay Service – TTY/TDD)

• E-Mail: sudell.denise@dol.gov