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Universal Strategies: Footnotes

Links lead to the text of the legislation on the U.S. Department of Labor website.

 

1

See 29 CFR 37.9 (obligations related to communication with individuals with disabilities) and 37.35 (obligations related to provision of services and information in languages other than English).

2

http://www.dol.gov/odep/categories/workforce/com_access.htm.

3

See LEP Guidance, 68 FR 32290-32305 (May 29, 2003) (http:www.dol.gov/oasam/regs/fedreg/notices/2003013125.htm).

4

20 CFR 662.240(a) and (b)(2) (obligations related to the provision of core services).

5

29 CFR 37.34(a) (obligations related to the type of notice a recipient must include in publications, broadcasts, and other communications, including the verbatim text of two specific "tag lines"); 37.36 (obligations pertaining to the responsibilities recipients have to communicate information e.g., a discussion of rights during orientations); and 37.42 (obligations pertaining to a recipient's responsibilities to provide universal access to WIA Title I-financially assisted programs and activities by conducting outreach). See also WIA Section 188 Disability Checklist,, elements 2 and 4 and the related examples in the Checklist Appendix.

6

Required by 29 CFR 37.42(c) (obligations related to consulting with appropriate community groups).

7

See, e.g., the tag lines requirement in 29 CFR 37.34(a), and the broadcast information requirement in 29 CFR 37.34(b).

8

Required by 29 CFR 37.42(a) (obligations related to advertising the recipient's programs and/or activities).

9

Required by 29 CFR 37.42(b) (obligation related to sending notices about openings in the recipient's programs and/or activities).

10

Required by 29 CFR 37.34(a).

11

These orientation and similar outreach presentations must always include a discussion of the rights to nondiscrimination/equal opportunity granted by WIA Section 188 and the implementing regulations, including the right to file complaints. See 29 CFR 37.36.

12

See 29 CFR 37.8 (obligations related to the provision of accommodations/modifications) and 37.9 (obligations related to communication).

13

See 29 CFR 37.35 for the obligations related to provision of services and information in languages other than English.

14

See the accessibility requirements at 29 CFR 37.27 and 37.28.

15

20 CFR 662.240(a) and .240(b)(2) pertaining to applicable core services. See also 20 CFR 663.105 pertaining to registration of customers.

16

29 CFR 37.4 (definitions); 37.6 (requirements related to discriminatory actions based on protected categories other than disability); 37.7 (requirements related to discriminatory actions based on disability); 37.8 (obligations regarding reasonable accommodations and reasonable modifications for individuals with disabilities); 37.9 (responsibilities to communicate with individuals with disabilities); and 37.35 (obligations related to provision of services and information in languages other than English). See also WIA Section 188 Disability Checklist,, elements 2 and 5.1-5.3 and the examples in the Checklist Appendix.

17

29 CFR 37.36. See also WIA Section 188 Disability Checklist,, element 2 and the examples in the Checklist Appendix.

18

http://www.dol.gov/odep/more.htm.

19

Required by 29 CFR 37.35(a) (obligations related to provision of services and information in languages other than English).

20

See Appendix A.

21

Federal law requires that before a One-Stop Center or other organization in the workforce investment system may ask a customer to disclose whether he or she has a disability, the Center or other workforce organization must give the customer five specific pieces of information about how the information may be used and about his or her rights related to the disclosure. These requirements are explained in Appendix A.

22

See Appendix A.

23

Required by 29 CFR 37.29-37.32 (obligations related to notice and communications).

24

20 CFR 662.240(a), .240(b)(3), and .240(b)(4) (obligations related to applicable core services).

25

29 CFR 37.7(a)(4), 37.7(a), 37.7(c), and 37.7(d) (obligations related to separate or different programs and activities and most integrated setting appropriate). See also Appendix B; WIA Section 188 Disability Checklist,, element 5.4 and the examples in the Checklist Appendix.

26

See Appendix A.

27

29 CFR 37.8 (obligations related to the provision of reasonable accommodation and reasonable modifications).

28

See Appendix A.

29

See 29 CFR 32.15(b) (obligations related to the CRC Director's responsibilities to coordinate with other civil rights agencies) and Appendix A.

30

http://www.onsestops.info/article.php?article_id=255&subcat_id=68.

31

http://www.onestops.info/article.php?article_id=256&subcat_id=69.

32

http://www.dol.gov/odep/more.htm.

33

http://www.onestops.info/article.php?article_id=256&subcat_id=69.

34

http://www.onestops.info/article.php?article_id=255&subcat_id=68.

35

http://www.onestops.info/article.php?article_id=253&subcat_id=66.

36

http://www.communityinclusion.org/article.php?article_id=13&staff_id=21.

37

See Appendix A for detailed discussion regarding asking disability-related questions and disclosure, confidentiality and privacy of information.

38

20 CFR 662.100(a) pertaining to the One-Stop delivery system. See also rules relating to the entering into of memoranda of understanding [Subpart C of part 662 of Title 20 of the Code of Federal Regulations].

39

See 29 CFR 37.7(a)(4); 37.7(c); and 37.7(d). The same nondiscrimination/equal opportunity regulations that apply to other One-Stop programs and activities also apply to programs and activities on which One-Stop partners collaborate. 29 CFR 37.2(a)(2) (application of part 37 and scope of part). See Appendix B. See also WIA Section 188 Disability Checklist,, element 5.4 and the examples in the Checklist Appendix.

40

Resources cannot be provided in a segregated setting unless the criteria in Appendix B are satisfied.

41

http://www.communityinclusion.org/article.php?article_id=13&staff_id=21.

42

ADD FOOTNOTE TO JOINT PLANNING FROM HARVESTING DOCUMENT.

43

http://www.onestops.info/article.php?article_id=256&subcat_id=69.

44

Keep in mind that medical or disability-related information about a particular customer may only be disclosed to an extremely limited group of people, regardless of whether the customer grants permission for broader disclosure. See Appendix A and 29 CFR 32.15(d).

45

See part 663 of title 20 of the Code of Federal Regulations relating to adult and dislocated worker activities under WIA-Title I. Rules relating to: core services are set out in subpart A, intensive services are set out in subpart B, training services are set out in subpart C, individual training accounts are set out in subpart D and support services are set out in subpart H.

46

See 29 CFR 37.7(a)(4); 37.7(c); 37.7(d); and 37.7(o)(1) (obligations related to separate or different programs and activities and most integrated setting appropriate). See also 29 CFR 32.26, Appendix B, and WIA Section 188 Disability Checklist,, element 5.4.

47

29 CFR 37.7(i) (obligation related to eligibility criteria).

48

See infra specific examples of practices related to the provision of core, intensive, and training services in the most integrated setting appropriate.

49

29 CFR 37.7(c) (obligations related to separate or different programs or activities). See also WIA Section 188 Disability Checklist, Training, element 5.4 Most Integrated Setting Appropriate and Appendix B. http://www.dol.gov/oasam/programs/crc/dElement5.4.ppt. The House of Representatives' report on the Americans with Disabilities Act explicitly states, "The fact that it is more convenient administratively or fiscally to provide services in a segregated manner does not constitute a valid justification for separate or different services." H.R. Rep. No.101-485 (1990), reprinted in 1990 U.S.C.C.A.N. at 473.

50

http://www.dol.gov/odep/more.htm.

51

See Appendix B.

52

http://www.dol.gov/odep/more.htm.

53

For a detailed discussion of the legal requirements regarding disclosure, confidentiality, and privacy of information concerning disability, see Appendix A.

54

LINK TO NEGOTIATION BRIEF NOT YET ON LINE.

55

http://www.dol.gov/odep/more.htm.

56

While originally developed in response to customers with disabilities, these strategies and practices are universal, and may serve as a template for providing meaningful and effective services and supports for all job seekers, particularly those with multiple barriers to employment.

57

http://www.onestops.info/article.php?article_id=256&subcat_id=69.

58

HOTLINK TO NEGOTIATION BRIEF WHEN COMPLETED

59

HOTLINK TO SELF-REPRESENTATION BRIEF.

60

HOTLINK TO NEGOTIATON BRIEF.

61

HOTLINK TO SELF-REPRESENTATION BRIEF.

62

HOTLINK TO NEGOTIATION BRIEF.

63

For a detailed discussion of the legal requirements regarding disclosure, confidentiality, and privacy of information concerning disability, see Appendix A.

64

INSERT HOTLINK TO NEGOTIATION BRIEF.

65

See Planning Guidance and Instructions for Submission of Two Years of the Strategic Five-Year State Plan for Title I of the Workforce Investment Act of 1998 and the Wagner-Peyser Act; Notice [70 FR 19206, 19207 (April 12, 2005)].

66

For a detailed discussion of the legal requirements regarding disclosure, confidentiality, and privacy of information concerning disability, see Appendix A.

67

See 20 CFR 662.230 (requirements for mandatory partners) and 663.100 (role of the adult and dislocated worker programs in the One-Stop delivery system).

68

29 CFR 37.6 (obligations related to discriminatory actions based on protected categories other than disability) and 37.7 (obligations related to discriminatory actions based on disability). See also WIA Section 188 Disability Checklist,, element 5 and the examples in the Checklist Appendix.

69

For a detailed discussion of legal requirements regarding disclosure, confidentiality, and privacy information concerning disability, see Appendix A.

70

See the WIA nondiscrimination regulations at 29 CFR part 37. For a detailed discussion of the legal requirements regarding disclosure, confidentiality, and privacy of information concerning disability, see Appendix A.

71

See LEP Guidance [http://www.dol.gov/oasam/regs/fedreg/notices/2003013125.htm].

72

With respect to requirements concerning the appointment of an Equal Opportunity (EO) officer, see 29 CFR 37.23-37.28. See also 29 CFR 32.7 regarding a disability coordinator.

73

See e.g., 29 CFR 37.7(f) (requirements related to site selection).

74

If services are offered in satellite locations, One-Stop Centers and other organizations in the workforce investment system must be careful to ensure that specific customer populations, such as persons with disabilities, are not segregated from other customers. 29 CFR 37.7(a)(4); 37.7(c); and 37.7(d). See also Appendix B. They must also ensure that the programs and activities are accessible. 29 CFR 32.26-32.28.

75

See 20 CFR 661.345 (submission of local workforce investment plans), .350 (content of local workforce investment plans), and .355 (when local plans must be modified).

76

http://www.dol.gov/odep/more.htm.

77

See LEP Guidance [http://www.dol.gov/oasam/regs/fedreg/notices/2003013125.htm].

78

20 CFR 661.220 pertaining to the submission of the State plan.

79

20 CFR 661.345 and .350.

80

29 CFR 37.54 (obligations related to development and maintenance of Methods of Administration prepared by the Governor).

81

See subpart C of part 667 of Title 20 of the Code of Federal Regulations pertaining to reporting requirements. See also 20 CFR 663.105(c) pertaining to when adults and dislocated workers must be registered.

82

29 CFR 37.37-37.41 pertaining to data and information collection and maintenance. See also 29 CFR 37.54(d)(2)(ii) pertaining to the Governor's obligation to develop and maintain a system for analyzing statistical data to determine whether any significant differences appear to be caused by discrimination. See also 29 CFR 37.9 (obligations related to communication with individuals with disabilities) and 37.35 (obligations related to the provision of services and information in languages other than English).

83

See 29 CFR 37.54(d)(2)(ii), pertaining to the Governor's obligation to develop and maintain a system for analyzing statistical data to determine whether any significant differences appear to be caused by discrimination.

84

29 CFR 32.15(d) and 37.37(b)(2) (obligations related to data and information collection and maintenance). See also Appendix A.

85

Regulations relating to performance accountability are set out in part 666 of title 20 of the Code of Federal Regulations. Subpart A sets out state measures of performance and subpart C sets out local measures of performance.

86

See e.g., the data required by 29 CFR 37.37(b)(2).

87

See 20 CFR 661.350(3)(i) pertaining to contents of the local workforce investment plan.

88

See 29 CFR 37.6 (obligations related to discriminatory actions based on protected categories other than disability); 37.7 (obligations related to discriminatory actions based on disability); 37.37-37.41 (data and information collection and maintenance); and 37.54(d)(2) (Governor's obligation to develop and maintain Methods of Administration).

89

See 29 CFR 37.70-.37.80 (complaint processing procedures). See also 37.6(d)(1) (discriminatory actions based on protected categories other than disability) and 37.7(e) (discriminatory actions based on disability).

90

See subpart F of part 667 of Title 20 of the Code of Federal Regulations pertaining to grievance procedures.

91

See LEP Guidance [http://www.dol.gov/oasam/regs/fedreg/notices/2003013125.htm].

92

29 CFR 37.37(c) (obligations related to maintenance of log of complaints).

93

See subpart D of part 667 of Title 20 of the Code of Federal Regulations pertaining to oversight and monitoring.

94

29 CFR 37.6(d)(1) (discriminatory actions based on protected categories other than disability), 37.7(e) (discriminatory actions based on disability), 37.25(b) (responsibilities of EO officers), and 37.94 (corrective and remedial action).

95

See 20 CFR 667.400(c)(1) (oversight and monitoring of WIA-Title I) and 667.410(a) (oversight responsibilities of recipients and subrecipients); 37.25(b) (responsibilities of EO officers to monitor and investigate recipient and subrecipient activities); 29 CFR 37.51037.53 (Governor's oversight responsibilities); 29 CFR 37.54 (Methods of Administration); and 37.95 (procedures that apply if CRC finds a violation of the WIA nondiscrimination regulations, including the responsibility of the Governor).

96

29 CFR 37.54 (obligations related to developing and maintaining Methods of Administration by the Governor).

97

29 CFR 32.15.

98

Definitions of these terms appear in 29 CFR 37.4.

99

29 CFR 37.4.

100

EEOC Enforcement Guidance, "Disability-Related Inquiries And Medical Examinations Of Employees Under The Americans With Disabilities Act (ADA)" (July 27, 2000) ("Post-Employment Questions Guidance" available at http://www.eeoc.gov/policy/docs/guidance-inquiries.html, answer to question 5).

101

See 29 CFR 37.4, definition of "qualified individual with a disability."

102

EEOC Post-Employment Questions Guidance (available at http://www.eeoc.gov/policy/docs/guidance-inquiries.html, answer to question 5).

103

See 29 CFR 37.4, definition of "individual with a disability," subsection (3) (misdesignated as subsection (2) in published editions).

104

See id., paragraphs (3)(i)(B) and (3)(ii)(B).

105

Id.; EEOC Post-Employment Questions Guidance, fn. 39.

106

EEOC Post-Employment Questions Guidance, fn. 39.

107

29 CFR 1630.2(r)(1998).

108

EEOC Post-Employment Questions Guidance (available at http://www.eeoc.gov/policy/docs/guidance-inquiries.html, answer to question 5).

109

29 CFR 32.15(d)(2).

110

29 CFR 32.15(d)(3). CRC interprets the regulatory term "emergency treatment" to include both medical treatment and special assistance during an emergency.

111

29 CFR 32.15(d)(1).

112

29 CFR 32.15(d)(4); see also 29 CFR 37.4(b) (regarding CRC's right to obtain information despite claims of confidentiality or privacy).

113

See 29 CFR 1630.13; EEOC Preemployment Questions Guidance, "The Pre-Offer Stage: What is a Disability-Related Question," answer to question "May an employer ask third parties questions it could not ask the applicant directly?"; 29 CFR 1630.12(b) (stating that it is unlawful to interfere with any individual in the exercise of any right granted or protected by the regulations implementing ADA Title I). See also 29 CFR 32.12(b) (a recipient may not participate in a contractual or other relationship that has the effect of subjecting qualified persons with disabilities to discrimination prohibited by Subpart B of 29 CFR part 32.

114

CRC website, PowerPoint presentation entitled "Disability-Related Information: Asking, Telling, Using, and Storing," http://www.dol.gov/oasam/programs/crc/AskingTellingUsingStoringOct05.ppt.

115

See 29 CFR 32.15(d); EEOC Preemployment Questions Guidance, answer to question "Can medical information be kept in an employee's regular personnel file?"

116

See 29 CFR 37.37(b)(2).

117

29 CFR 37.7(a)(4).

118

29 CFR 37.7(d).

119

29 CFR 37.7(c).

120

29 CFR 32.26. This section is within Subpart C of DOL's Section 504 regulations governing recipients of Federal financial assistance, which are published at 29 CFR part 32. Subpart C, along with Subpart B and Appendix A of these Section 504 regulations, have been incorporated by reference in the WIA nondiscrimination regulations. See 29 CFR 37.3(b). Therefore, Subparts B and C and Appendix A of 29 CFR part 32 apply to all recipients that are subject to the WIA nondiscrimination regulations.