www.serviceandinclusion.org toll-free hotline: 888-491-0326 (voice/tty)

www.SERVICEandINCLUSION.org

Toll-free hotline: 888-491-0326 (voice/TTY)

Domestic Volunteer Service Act/National & Community Service Act

An individual with responsibility for the operationof a program/project that receives assistance underthis Act/subchapter shall not discriminate against aparticipant in, or member of the staff of, suchprogram on the basis of . . . disability, if theparticipant or member is a qualified individualwith a disability.

Snapshot of Laws

* Section 504 of the Rehab Act *

Entities directly receiving or benefiting from federal funding

Nonprofits, academic institutions, churches

Americans with Disabilities Act (ADA)

employment, State & local government, public accommodations, commercial facilities, transportation,& telecommunications

Restaurants, manufacturers, stores

Section 508 electronic & information technology developed, maintained, procured, or used by the Federal government

Websites, distance education

Section 504 & ADA, 508 Intent

• Ensure non-discrimination against people with disability

• Ensure equal access and opportunity

Section 504 of the Rehabilitation Act of 1973

No otherwise qualified individual with a disability in the United States . . . shall, solely by reason of his [or her] disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

Rehabilitation Act Applies to:

• Federally conducted programs

• Federally assisted programs

• Federal contractors

“Disability” as Defined by Section 504 of the Rehabilitation

Act & the Americans with Disabilities Act

• A physical or mental impairment that substantially limits one or more major life activities

• A record of such an impairment

• Being regarded as having such an impairment, even when no limitations exist

“Qualified Individual”

An individual with a disability who, with or without reasonable accommodations, can perform the essential functions of the position.

Just like participants without disabilities, the individual must meet the qualifications the program has in place.

“Qualified”

Does the individual meet necessary prerequisites for the job, such as:

• education

• work experience

• training

• skills

• licenses

• certificates

• other job-related requirements, such as good judgment or ability to work with other people

Major life activities include, but are not limited to: caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, working, sitting, standing, lifting, reaching, sleeping and mental/emotional processes such as thinking, concentrating and interacting with others.

“Major Life Activity” anything an average person can do with little

or no difficulty…

US EEOC

Cornell UniversitySchool of Industrial and Labor RelationsEmployment and Disability Institute

“Substantially limits”

…unable to perform, or significantly limited in the ability to perform, an activity as compared with an average person. Factors to be considered are:

1. its nature and severity2. how long it will last or is expected

to last, and3. its permanent or long-term impact,

or expected impact

An accommodation…is any change in the service environment or in the way things are customarily done that enables an individual with a disability to enjoy equal service opportunities.

The U.S. Equal Employment Opportunity Commission, October 17, 2002

What is reasonable accommodation?

…adapting the service site or position functions for a qualified person with a disability to enable an individual with a disability to enjoy equal opportunities. This does not mean that the program must lower the standards of work for the position or change the job requirements. There are three categories of reasonable accommodations:

• enabling an individual with a disability to be considered during the application process

• enabling a qualified individual with a disability to perform the essential functions of the position

• enabling individuals with disabilities to enjoy equal benefits and privileges of service and volunteering

Accommodation Process

• There is a designated office and responsible central person to address accommodation questions and request

• A decision-making process for the case-by-case provision of accommodations is in place and has been communicated throughout the organization, preferably as a written policy

• The reasonable accommodation organizational process is reviewed periodically to ensure that it continues to work well

• There is an established grievance procedure to address reasonable accommodation issues and disagreements

Accommodation Guidelines

√requests for accommodations can be made at any time during the application process or during service, orally or in writing

√ an individual is not required to mention the ADA or “reasonable accommodation” in a verbal or written request; only that an adjustment or change is needed

√ can request documentation that describes “nature, severity, and duration of the impairment, the activity or activities that the impairment limits, and the extent to which the impairment limits the ability to perform the activity or activities”

√ quickly respond to the request; determine the appropriate reasonable accommodation through an interactive process with the individual; and, if needed, consult appropriate resources for assistance

√ monitor the accommodation to ensure effectiveness or to determine whether any change has occurred that would alter current accommodation needs

May grant funds be used to reasonably accommodate person with disabilities?

• Grants and annual budgets should  include a line item to cover the costs associated with reasonable accommodations

• AmeriCorps*State competitive, National Direct and Formula grantees may request separate reasonable accommodation funds through their State Commissions

Note: All programs receiving federal financial assistance have a legal responsibility to provide reasonable accommodations

Section 504 of the Rehabilitation Act of 1973

• Key Concepts:– “Program or activity”– “Federal Financial Assistance”– “Beneficiary”

“Program or Activity”All operations of:

– a department, agency or district of a State or local government

– a college, university, local education agency

– an entire corporation or private organization which is principally engaged in providing education, health care, housing, social services, or parks & recreation

Architectural Accessibility

If buildings built before

May 30, 1979• “when viewed in its entirety”

standard applies

• programmatic accessibility may substitute for architectural accessibility

If buildings built after

May 30, 1979• “when viewed in its entirety”

standard does not apply

• programmatic accessibility may not substitute for architectural accessibility

• must comply with UFAS or ADAAG

“Federal Financial Assistance”• federal grants and loans

• detail of federal personnel or other persons paid, in whole or in part, with federal funds

• grant, donation, sale, or lease of federal property

• federal agreement, arrangement, contract with purpose to provide assistance

“Beneficiary”

Anyone who benefits from the federal financial assistance, including:

– service members

– clients served by service members

– members of the public receiving services from organizations with service members

Beneficiary Rights• Not be subjected to discrimination because of disability

• Receive reasonable accommodation to perform essential job/service elements

• File a discrimination complaint with the Corporation if believe subjected to discrimination (without any requirements to file first with program/project)

CNCS Complaint Process Any service member with a disability, who believes he or she has been subjected to discrimination in violation of Section 504 of the Rehab Act*, may raise his or her concerns with the Corporation's Equal Opportunity Office.

*Section 504 states that no individual with a disability can be excluded from, denied benefits of, and subjected to discrimination to any program or activity that receives federal funds because of his/her disability.

Contact Information:

Corporation of National and Community Service Equal Opportunity (EO) OfficePhone: (202) 606-5000, ext 312 (voice)(202) 565-2799 (TDD)Email: eo@cns.govWebsite: http://www.cns.gov/about/eo/index.html

Important Note:1. Service members must file discrimination claims with the

EO Office within 45 days of when it occurred, otherwise it may not be accepted in a formal complaint of discrimination.

2.The EO office is committed to resolving the complaint promptly. Additionally, the EO office encourages but does not require service members to bring their concerns to program or project directors first.

Undue Financial or Administrative Burden

• Unduly costly, extensive, substantial or disruptive -- results in significant difficulty or expense -- HIGH STANDARD

• Factors to be considered include:– overall size of the program in numbers of service members, facilities and

budget

– type of operation, including composition and structure of service member force

– nature and cost of removal or accommodation

Section 504: Compliance

•attempt voluntary compliance

•take action to suspend, terminate, or refuse to grant or continue to grant federal financial assistance

(Note: suspension etc. applies to all federal financial assistance, not just assistance from CNCS)

If an entity fails to comply, the Corporation must:

Questions and Comments?

Additional Resources:

CNCS Civil Rights/Equal Opportunity

http://www.cns.gov/about/eo/index.html