WIA Section 188

Disability Checklist
Training

Elements 5.6 and 5.7 –

Programmatic and Architectural
Accessibility
 We’ll be talking about:

• The difference between “accessibility”

and “reasonable accommodation”
• The “hierarchy of obligations” related to
accessibility
• The standards for architectural
accessibility that apply under WIA
Section 188 and the regulations
• The difference between “architectural
accessibility” and “program
accessibility”
5.6.7-2
Accessibility vs. reasonable
accommodation/modification
• Providing accessibility: taking
generalized action in advance (so you’ll
be ready for people with disabilities)
 Not tied to a particular person with a
disability
• Providing reasonable accommodation/
modification: taking individualized
action when a particular person with a
disability seeks aid, benefits, services,
training, or employment
5.6.7-3
What legal standards apply?

• 29 CFR 37.3(b) – incorporates

standards from DOL’s Section 504
regs (29 CFR part 32, Subparts B
and C and Appendix A)
• 29 CFR part 32, Subpart C – deals
with accessibility
• This presentation does NOT deal
with ADA standards – or State
standards
5.6.7-4
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
5.6.7-5
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?

5.6.7-6
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”

5.6.7-7
New construction

Facility must fully meet

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

5.6.7-8
Alteration or renovation

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

• If no, use existing facilities rules

5.6.7-9
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)
5.6.7-
10
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
5.6.7-
11
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)

5.6.7-
12
Which standards
should 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
5.6.7-
13
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.h
5.6.7-
14
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

5.6.7-
15
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

5.6.7-
16
Examples of changes
for program accessibility
• Redesigning equipment
• Moving classes or other services to
accessible locations
• Assigning aides to participants/
beneficiaries

5.6.7-
17
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
5.6.7-
18
Any questions?