The LEAD Center is led by National Disability Institute and is funded by the Office of Disability

Employment Policy, U.S. Department of Labor, Grant No. #OD-23863-12-75-4-11

Advancing Equal Opportunity: Strategies for Successfully

Implementing WIOA’s EO/

Section 188 Provisions

Monday, April 10, 2017

WELCOME

Jamie Robinson, M.A.

Training & Technical Assistance Workforce Development

LEAD Center

A Project of National Disability Institute

Boston, MA

202.684.6170 // jrobinson@ndi-inc.org

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Danielle Smith

State Equal Opportunity Officer/

Complaint & Grievance Officer

Division of Workforce Development

Department of Economic Development

Jefferson City, MO 65101

(573) 751-2428 // danielle.smith@ded.mo.gov

INTRODUCTION

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The National Center on Leadership for the Employment

and Economic Advancement of People with Disabilities

(LEAD) is a collaborative of disability, workforce and economic

empowerment organizations led by National Disability

Institute with funding from the U.S. Department of Labor’s

Office of Disability Employment Policy, Grant No. #OD-

23863-12-75-4-11.

This document does not necessarily reflect the views or policies of the

Office of Disability Employment Policy, U.S. Department of Labor, nor

does the mention of trade names, commercial products, or organizations

imply endorsement by the U.S. Government.

LEAD CENTER MISSION

To advance sustainable individual and

systems level change that results in

improved, competitive integrated

employment and economic self-sufficiency

outcomes for individuals across the

spectrum of disability.

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AGENDA

PART I

WIOA from Disability Perspective

Overview of Section 188 & Final Rules

Section 188 Disability Reference Guide

Section 188 EO Action Planning: Identifying Priorities

Q&A

PART II

Section 188 MO Workforce Pilot & Other State Efforts

MO Staff Survey & Assessment

Section 188 EO Action Planning: Defining Action Steps

Q&A

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WIOA JOINT FINAL RULE(PRE-PUBLICATION BUT PUBLICALLY AVAILABLE)

On June 30, 2016, the Departments of Labor and

Education issued a Joint Final Rule to implement jointly

administered activities authorized under Title I of WIOA

(Joint WIOA Final Rule).

This Joint WIOA Final Rule provides guidance for State

and local workforce development systems that increase

the skill and credential attainment, employment, retention,

and earnings of participants, especially those with

significant barriers to employment.

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RELATIONSHIP BETWEEN SECTION 188 &

WIOA DISABILITY-RELATED PROVISIONS

Unified and Combined State Plans

Performance Accountability (Section 116 of WIOA)

American Job Center (AJC) Accessibility Certification

Inclusive Career Pathways

Coordination of Youth Services

Coordination between employment/training and programs

for individuals with disabilities

Customized Employment added as strategy for

competitive integrated employment

Inclusion of Financial Literacy

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WIOA FROM A DISABILITY PERSPECTIVE:

KEY WEBINAR RESOURCE

Creating an Inclusive Workforce System:

Implementing WIOA Section 188’s Equal

Opportunity Provisions (January 2016)

http://www.leadcenter.org/webinars/creating-inclusive-

workforce-system-implementing-wioa-section-188-s-

equal-opportunity-provisions

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FINAL RULE

Updating Section 188 WIOA

Nondiscrimination and Equal

Opportunity Regulations

(29 CFR Part 38)

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WIOA SECTION 188 FINAL RULE

The new WIOA Section 188 regulations were published in

the Federal Register on December 2, 2016 and became

effective on January 3, 2017.

The U.S. DOL Civil Rights Center announced the

publication of the Final Rule updating the Section 188

WIOA Nondiscrimination and Equal Opportunity

Regulations (29 CFR Part 38).

The Final Rule provides important updates to the existing

regulations, which have not been updated since 1999.

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WIOA SECTION 188 FINAL RULE

This rule increases equality of opportunity for the millions

of job applicants, training participants, program

beneficiaries, and employees of recipients who interact

with the workforce development system each year.

The rule ensures equal access to the workforce system for

people with disabilities by bringing the regulations in line

with updated disability rights law.

The rule brings the CRC regulations in accord with the Americans

with Disabilities Act Amendments Act of 2008 and the implementing

regulations and guidance issued by the Department of Justice, as

well as the implementing regulations and guidance issued by the

Equal Employment Opportunity Commission.

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WIOA SECTION 188 FINAL RULE

The Final Rule’s updated language ensures that the

definition of “disability” will be interpreted broadly, which

will enable more individuals with disabilities to be

effectively served within the workforce development

system.

The rule also addresses accessibility requirements (such

as for information and electronic technologies) and service

animals.

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WIOA SECTION 188 FINAL RULE

The rule’s updates also enhance access to the system, in

particular for people with disabilities, individuals with

limited English proficiency, transgender individuals who

may face various forms of sex discrimination, and

individuals who are pregnant, have had a child or have

related medical conditions.

Final Rules can be found through DOL-CRC’s website:

www.dol.gov/crc

CRC Fact Sheet on Section 188 Final Rule

https://www.dol.gov/crc/188rule/fact-sheet.htm

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CHANGES IN WIOA’S EO PROVISIONS

(SECTION 188): KEY WEBINAR RESOURCE

What Disability Advocates Need to Know about

New WIOA Equal Opportunity Provisions

(February 2017)

http://www.leadcenter.org/webinars/what-disability-

advocates-need-know-about-new-wioa-equal-

opportunity-provisions

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SECTION 188

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WHAT IS SECTION 188?

Section 188 implements the nondiscrimination and equal opportunity provisions of WIOA, which are contained in section 188 of the statute.

Section 188 prohibits discrimination on the grounds of race, color, religion, sex, national origin, age, disability, political affiliation or belief, among other bases.

Section 188 also requires that reasonable accommodations be provided to qualified PWD in certain circumstances.

Section 188 of WIOA contains provisions identical to those in Section 188 of WIA (*See Updates to 188 as of 01/03/17).

The regulations for Section 188 of WIOA can be found at 29 CFR Part 38.

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WHO DOES SECTION 188 APPLY TO?(29 CFR §38.2, 38.4)

“Recipients” are defined as:

Any entity to which financial assistance under WIOA Title I is extended, including:

State level agencies that administer or are financed by WIOA Title I funds

State Employment Security Agencies

State and local Workforce Investment/Development Boards

One-Stop Operators

Service providers, including eligible training providers

On-the-Job Training employers

Job Corps contractors and center operators (excluding federally-operated Job Corps centers, and

Programs and activities that are part of the One-Stop delivery system that are operated by One-Stop partners

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WHO IS A PERSON WITH A DISABILITY?

For the purposes of the 188 Reference Guide, the

term “individual with a disability” is defined in the

current Section 188 regulations as an individual with

“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.”

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WHAT IS A REASONABLE ACCOMMODATION?

“Reasonable accommodation” is defined in the current

Section 188 regulations as “modifications or adjustments”:

To an application/registration process that enables a qualified

applicant/registrant with a disability to be considered for the aid,

benefits, services, training or employment that the qualified

applicant/registrant desires;

That enable a qualified individual with a disability to perform the

essential functions of a job, or receive aid, benefits, services, or

training equal to that provided to qualified individuals without

disabilities;

That enable a qualified individual with a disability to enjoy the same

benefits and privileges of the aid, benefits, services, training, or

employment as are enjoyed by other similarly situated qualified

individuals without disabilities.”

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REASONABLE ACCOMMODATION EXAMPLES

Maintain unobstructed hallways, aisles, other building egress

Implement a "fragrance-free" workplace policy

Room enclosures to reduce auditory/visual distractions

Screen reading software for computer use

Increase font size or change Accessibility Options in

Windows Accessories control panel

**Best way to determine an effective accommodations?

Ask the Customer!

**Still need help figuring out an effective accommodations?

Ask JAN! - https://askjan.org/

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WHAT IS UNIVERSAL ACCESS?

Universal Access is taking appropriate steps to ensure

access to programs and activities for all eligible

individuals, including individuals with disabilities.

In order to ensure universal access, an AJC must pay

particular attention to the various functions it performs,

including strategic planning; marketing and outreach;

consultation with community groups; operational

collaboration among partners; training; intake, registration,

and orientation; and service delivery.

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UNIVERSAL ACCESS EXAMPLES

During welcome/orientation, ask ALL customers if they need

assistance rather than only those you think have a disability.

Make information on all services available to ALL customers,

avoid assuming certain customers may or may not be

interested in certain services.

Provide options for career assessment that can be completed

on-line, on paper, through an interview or other flexible

options like Discovery.

Provide information through on-line self-directed methods, as

well as in group workshop settings.

Provide information in multiple languages.

Use signage with graphics and pictures combined with text.

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INCREASING EMPLOYMENT

OUTCOMES BY ACHIEVING

SECTION 188

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SECTION 188 DISABILITY REFERENCE GUIDE

On July 6, 2015, the Department of Labor released:

Promising Practices in Achieving Universal Access & Equal

Opportunity: A Section 188 Disability Reference Guide

https://www.dol.gov/oasam/programs/crc/Section188Guide.pdf

The Reference Guide was jointly developed by:

Civil Rights Center (CRC)

Employment and Training Administration (ETA)

Office of Disability Employment Policy (ODEP)

With support and assistance from ODEP’s LEAD Technical

Assistance Center at the National Disability Institute.

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SECTION 188 DISABILITY REFERENCE GUIDE

The promising practices in the Guide correlate

with the nondiscrimination (equal opportunity) and

universal access requirements of Section 188 of

the Workforce Investment Act (WIA):

Reference Guide does not create new legal

requirements or change current legal requirements;

Promising practices do not preclude states and

recipients from devising alternative approaches;

Adoption of promising practices will not guarantee

compliance.

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188 GUIDE: SECTION 1 - UNIVERSAL ACCESS

Universal access to programs and activities:

Understanding local needs

Marketing and outreach

Involving community groups and schools

Effecting collaboration, including partnerships/linkages

Intake, registration and orientation

Staff training

Assessments and screenings

Service delivery

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188 GUIDE: SECTION 1 - UNIVERSAL ACCESS

Recurring Themes of Promising Practices

Partnerships with diverse disability groups

Resource mapping and coordination

Disability knowledge of staff

Training opportunities around disability

National/State/Local disability resources

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188 GUIDE: SECTION 2 - EQUAL OPPORTUNITY

Equal Opportunity:

Prohibits

Discrimination against people with disabilities

Discrimination in employment practices

Promotes

Reasonable Accommodations for people with disabilities

Reasonable Modifications of policies, practices, procedures

Programs and activities in most integrated setting appropriate

Effective communication with people with disabilities

Program, architectural, and information and communication

technology accessibility

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188 GUIDE: SECTION 2 – EQUAL OPPORTUNITY

Recurring Themes of Promising Practices

Interactive process and procedures for reasonable

accommodations

Legal practices around Asking, Telling, Using, and Storing

of disability-related information

Representation of people with disabilities in all AJC

services and programs

Referrals of people with disabilities to separate programs

are not automatic

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188 GUIDE SECTION THREE: IMPLEMENTING

UNIVERSAL ACCESS & EQUAL OPPORTUNITY

Implementing Universal Access & Equal

Opportunity

Designation of Qualified Equal Opportunity Officer

Notice and Communication

Assurances

Data and Information Collection, Analysis, and Maintenance

Monitor for Compliance and Continuous Improvement

Complaint Processing Procedures

Corrective Actions/Sanctions

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QUESTIONS & ANSWERS

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SECTION 188 ACTION PLANNING

IDENTIFYING AREAS OF

PRIORITY

SECTION 188:

Missouri Workforce Pilot

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BACKGROUND

Missouri’s workforce system has 14 workforce areas.

Most programs, services and activities are serviced

through our job centers.

There are thirty five (35) job centers and thirteen (13)

affiliates. Missouri Division of Workforce Development

partners with:

Missouri Department of Labor Employment Security

Missouri Department of Elementary and Secondary Education

Vocational Rehabilitation

Missouri Family Service Division

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BACKGROUND

2010 Civil Rights Center monitored the Missouri for

Equal Opportunity Compliance

Missouri DWD was charged to revamp their

nondiscrimination and equal opportunity program

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BACK TO THE BASICS

ETA AND CRC: A DIFFERENCE IN FOCUS

ETA is going to follow your dollars and ensure that

dollars are spent in accordance with program

requirements

CRC is going to follow to ensure compliance with the

nondiscrimination requirements of WIOA Section 188

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SECTION 188 MISSOURI WORKFORCE PILOT

Chose to focus on disability

Disability cuts across race, age, gender, sexual

orientation and gender identity, ethnicity, religion and

socio-economic status

AND…only minority group that anyone can join any

time

Use Section 188 Disability Reference Guide as a

blueprint to improve equal opportunity

GET BOARDS AND MANAGEMENT

INVOLVED

Information, Education, and Action

NASWA Equal Opportunity Conference

Partnerships with LEAD

Climate Survey with Missouri Job Centers Staff

Climate Survey with Missouri Job Center Customers

Climate Survey with Missouri Job Center Employers

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STAFF SURVEY RESULTS

Ensure centers are accessible for everyone

Increase presence of disability navigator

Refresher training/brush-up on assistive technology

Offer programs for money management

Cross train with Vocation Rehabilitation (VR)

Making the Reasonable Accommodation policy more

visible for staff and customers

Integrate equipment for people with disabilities

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JOB SEEKER SURVEY RESULTS

670 Job Seekers Responded to the Survey

8% disclosed their disability - typically 2-3% of participants

disclose disability in initial application process

Overall 94% reported staff were welcoming

6% overall said Job Centers could improve customer

service

87% who disclosed a disability reported it was easy to

access by car or public transportation

Of those that disclosed a disability, 5 job seekers indicated

that they did not receive their accommodation

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EMPLOYER CUSTOMER SURVEY RESULTS

100 Employers Responded to the Survey

65% of businesses had diversity policies that included disability

68% of businesses had an accommodation policy in place for job applicants and current employees

15% had Employer Resource Group (ERG) or Affinity Group specific to disability

36% of businesses engaged in targeted outreach to job seekers with disabilities, either directly or through partnership

36% of businesses had marketing materials that included or portray employees with disabilities

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EMPLOYER SURVEY RESULTS CONTINUED

68% of the businesses have a formal or informal

process to customize/modify a position to meet the

needs of a current or returning employee with a

disability (e.g., flexible schedule, modifying a job

description, etc.)

20% of the businesses wanted Missouri Job Center

Business Service Representatives to follow-up for

more services

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MISSOURI ACTION STEPS

Providing training on WIOA Section 188

Separate training for management and front line staff

Offer 3 different webinar sessions

Reviewing Local Boards Reasonable Accommodation

Policy

Revised Case Note Policy

Local Boards will create a strategic Outreach Plan

Bi-annual surveys for Job Seekers and Employers

Annual surveys for Job Center Staff

Create online resources for our business customers

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SECTION 188 MISSOURI WORKFORCE

MOVING BEYOND COMPLIANCE

Strengthen partnership with State VR in Section188

activities and training

Re-vamp survey/assessment using relatable language

and scenarios

Implement collaborative training series with VR based

on survey responses and statewide disability themes

Engage local EOOs with local workforce center staff

Assign ‘Action Items’ for staff to learn firsthand by

engaging in promising practices around disability

Workforce Staff

188 Survey/Assessment

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ACTION ITEM FINDINGS FROM SURVEY

Strengthened new & existing partnerships between

workforce & disability

Promoted ongoing cross-systems training

Uncovered model job center approaches & best

practices for training & challenges/solutions

Revealed widespread need for accommodation training

Emphasized the need for disability awareness training

into overall existing model of customer service

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WIOA SECTION 188

ASSISTING MISSOURI’S

JOB CENTER CERTIFICATION

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MISSOURI JOB CENTER CERTIFICATION

Title I of WIOA requires job centers, in consultation with

local Chief Elected Officials (CEO) and Local

Workforce Development Boards (Local WDBs) in their

Local Workforce Development Area (LWDAs), to

establish criteria and procedures to evaluate and to

certify One-Stop Job Centers.

This evaluation and certification examines effectiveness

(including customer satisfaction),

physical and programmatic accessibility,

and continuous improvement.

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SECTION 188 DISABILITY REFERENCE

GUIDE & JOB CENTER CERTIFICATION

What Missouri included in their certification

No outstanding violations

WIOA Section 188

Program and Financial

Programmatic Accessibility

Physical Accessibility

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PROGRAMMATIC ACCESSIBILITY

Equal and Effective Access to:

Programs, Services and Activities

Job Centers need effective policies, practices and

procedures

Outreach is Key (to people with disabilities and

underserved communities)

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MISSOURI JOB CENTER CERTIFICATION

REQUIREMENTS

Programmatic Accessibility

Does Missouri Job Center(s) provide access to program information including core partner programs?

Does Missouri Job Center(s) offers all customers, including those with disabilities, access to education and training, leading to industry recognized credentials?

Is required Equal Opportunity tag line included on all documents?

Does Local EO Officer periodically review policies and procedures regarding accessibility and equal opportunity and provide staff training and updates?

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MISSOURI JOB CENTER CERTIFICATION

REQUIREMENTS

Physical Accessibility

Modifications of the physical aspects of your location include:

Indoor walkways

Cubicle settings and computer work stations

Alarm systems and Signage

Parking and Access by public transportation

Common Areas used by Customers

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Physical Accessibility

Does Job Center meet the physical accessibility requirements of WIOA Section 188, set forth in 29 CFR part 38?

Are workshops accessible to all customers?

Are Job Center utilize available resources?

Does Job Center provide required orientations that inform all customers of all programs, services and activities?

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MISSOURI JOB CENTER CERTIFICATION

REQUIREMENTS

THINGS TO THINK ABOUT

Empower the Role of the State and Local EO Officer

Communication

Contracts & Agreements

Universal Access

Compliance with 504 Disability Requirements

Data Collection

Monitor For Compliance

Complaint Process

Corrective Action & Sanctions

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OTHER STATE EFFORTS WITH SECTION 188

Diverse partners needed to address access for ALL

Champions in workforce and disability needed to lead

and facilitate collaborative action

Collaboration with Equal Opportunity Officers critical

Ongoing surveying of staff, customers and businesses

around disability to determine training needs

Developing hands-on staff training and practice

opportunities with support/resources

Ensuring ongoing training opportunities for workforce

system, including core partners, leadership and staff

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CONNECT WITH THE LEAD CENTER

Website: www.leadcenter.orgEmployment First: http://employmentfirst.leadcenter.org/

Sign up for LEAD Center News: http://eepurl.com/sQiHr

Follow the LEAD Center on…Facebook: www.facebook.com/LEADCtr

Twitter: @LEADCtr

LinkedIn: linkedin.com/groups/LEAD-Center-4828089

YouTube: https://www.youtube.com/user/LEADCtr

Contact us: Rebecca Salon, Project Director, rsalon@ndi-inc.org

Elizabeth Jennings, Asst. Project Director, ejennings@ndi-inc.org

Aramide Awosika, Project Coordinator, aawosika@ndi-inc.org

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QUESTIONS & ANSWERS

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SECTION 188 ACTION PLANNING:

IDENTIFYING ACTION STEPS