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Congressional and administrative mandates require Job Corps to:

  • Enroll and serve applicants who meet the eligibility requirements imposed by Congress (as interpreted by USDOL in the Job Corps regulations), regardless of a particular applicant's disabilities

  • Provide reasonable accommodations for applicants and students with disabilities

Workforce Investment Act

The Workforce Investment Act of 1998 (WIA), Job Corps enabling legislation, discusses individuals with disabilities specifically in Sections 144 (Eligibility for Job Corps) and 188 (Nondiscrimination).

  • Sections 144 and 145 contain general eligibiility requirements for Job Corps. Section 144 allows the maximum age requirement to be waived by the Secretary of Labor, in accordance with the regulations of the Secretary of Labor, in the case of an individual with a disability.

  • Section 188 provides that no individual shall be excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in the administration of or in connection with, any program or activity funded under WIA. Section 188 also states that as a program funded under WIA, Job Corps is a program receiving federal financial assistance and is therefore, prohibited from discriminating on the basis of disability under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794).

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Section 504

Section 504 of the Rehabilitation Act of 1973 (as amended) is the primary piece of disability legislation affecting the Job Corps program. It was the first Federal law protecting the rights of people with disabilities and began a national commitment to end discrimination on the basis of disability. The act states that:

no otherwise qualified individual with a disability in the United States, as defined in section 706(8) of this title, shall, solely by reason of his/her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any executive agency or by the United States Postal Service.

Because Job Corps is a Federally funded training program, it is subject to the requirements of Section 504. Department of Labor regulations implementing Section 504 (29 CFR Parts 32, 33, and 34) require Job Corps to ensure its program and facilities are accessible and provide reasonable accommodation to individuals with disabilities to prevent discrimination on the basis of disability.

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Who is an Individual with a Disability

Under Section 504 of the Rehabilitation Act of 1973 a person can be considered a person with a disability if he/she has:

  • Actual, current disability—A physical or mental impairment that substantially limits (i.e., unable to perform major life activity, or significantly restricted as to the condition, manner, or duration under which major life activity can be performed in comparison to the average person or most people) one or more major life activities (e.g., caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, working).
  • Record of a past disabilityA record of a disability (e.g., a person diagnosed with attention deficit disorder) or has been misclassified as having a mental or physical impairment that substantially limited one or more major life activities (e.g., a person who speaks little English is determined to be eligible for a program for persons with mental disabilities).
  • Regarded as having a disability—A person can be found eligible using this definition if he/she has:

    • A physical or mental impairment that does not substantially limit major life activities but who is treated as if the impairment does constitute such a limitation (e.g., a person with scarring, a person who walks with a limp).

    • A physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment (e.g., a person with epilepsy who is not allowed to try out for sports).

    • No impairment but is treated as if they have a substantially limiting impairment (e.g., an HIV-positive person with no physical effects from the disease).

While all 3 categories are protected from discrimination under federal law, only those with an actual, current disability are entitled to reasonable accommodation.

Click here for a PowerPoint presentation that discusses the disability definition in detail.

Program Accessibility

For Job Corps, program accessibility means that the program as a whole is readily accessible to qualified individuals with disabilities. Making the program accessible may involve facilities changes, attitudinal changes, program changes, and/or the provision of reasonable accommodation. Each existing center or program is not required to be made totally accessible and usable by persons with disabilities. Rather, in as many cases as possible, at least part of the center or program should be accessible so that individuals with disabilities can participate in and benefit from the program. For example, not every dormitory has to be accessible, but residential students with disabilities should have living arrangements comparable to students without disabilities.

If there is no way to make the center accessible other than making a significant alteration in its facilities and/or training program, the center may request that the applicant be assigned to another center which is offering comparable training (only after the center has gone through the accommodation process with the applicant and documented the process and need for assignment to another center). This option should only be used as a last resort when there is no reasonable accommodation that would allow the individual to participate in the program at the desired center. Centers that presently do not have any students with disabilities on center are not exempt from the program accessibility requirements.

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Facility Accessibility

Facility accessibility relates to the design and construction of Job Corps facilities. Center construction and rehabilitation projects are completed using architectural standards (Uniform Federal Accessibility Standards [UFAS] or the Americans with Disabilities Act Accessibility Guidelines [ADAAG], whichever is more stringent) that require accessible and barrier-free design. Outreach, admissions, and placement and other Job Corps contractor facilities must be accessible as required by applicable Federal (e.g., Americans with Disabilities Act), State, and local disability law.

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Reasonable Accommodation
Job Corps will provide the opportunity for a person with a disability to request accommodation at any time during their application to or enrollment in the Job Corps program.

Reasonable accommodations are any changes to the environment, or in the way things are customarily done, that give a person with an actual, current disability an opportunity to participate in the application process, job, program or activity that is equal to the opportunity given to similarly situated people without disabilities. Although many people with disabilities can (and do) apply for and participate in the Job Corps program without any reasonable accommodations, barriers do exist that keep other potential applicants or students with disabilities from applying or participating, and that could be overcome with some form of accommodation. Reasonable accommodation may involve providing an appropriate service or product; modifying or adjusting a job, work/academic environment, policy, program, or procedure; or any other action that removes those barriers for the person with a disability.

Examples of accommodations made for Job Corps students with disabilities have included allowing a student to leave class a few minutes early; providing testing accommodations; providing training, instructional, and dormitory materials in alternate formats; providing augmented tools in the vocational trades; and modifying rules for inter-mural sports.

Often, an individual with a disability who enrolls in Job Corps can be accommodated with no financial expenditure. For example, the individual may already have the accommodation he/she requires or can be accommodated using existing center resources. Sometimes the accommodation may require merely a change in a policy, program, or procedure.

If there is a cost associated with the accommodation and the individual is being served by or is referred to Job Corps by a disability agency, the agency may provide or contribute to the cost of providing it. In addition, if the individual is a recipient of Supplemental Security Disability Income or Medicaid, these programs may contribute to the cost of the accommodation.

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Other Legislation

Though Section 504 is the primary piece of disability-related legislation affecting the Job Corps program, the following legislation also has an impact on the Job Corps program: The Americans with Disabilities Act (ADA), The Americans with Disabilities Act Accessibility Guidelines(ADAAG), Architectural Barriers Act, Uniform Federal Accessibility Standards (UFAS), Section 508 of the Rehabilitation Act of 1973.

The Americans with Disabilities Act (ADA)

The ADA prohibits discrimination on the basis of disability in employment, programs, and services provided by State and local governments, goods and services provided by private companies, and in commercial facilities. Job Corps contractors must comply with the ADA and applicable State and local disability-related legislation.

Click here for ADA questions and answers provided by Equal Employment Opportunity Comission. Some of these questions are appropriate/can be applied to Job Corps.

The Americans with Disabilities Act Accessibility Guidelines (ADAAG)

These guidelines provide detailed regulations that address accessibility issues for all types of buildings and facilities. The guidelines specify not only the design specifications but also how many elements and spaces of a facility should be accessible (e.g., parking spaces, entrances, restrooms). These regulations are used for Job Corps center construction and rehabilitation projects; and contractor facilities must be accessible as required by ADAAG.

Architectural Barriers Act

These guidelines provide detailed regulations that address accessibility issues for all types of buildings and facilities. The guidelines specify not only the design specifications but also how many elements and spaces of a facility should be accessible (e.g., parking spaces, entrances, restrooms). These regulations are used for Job Corps center construction and rehabilitation projects; and contractor facilities must be accessible as required by ADAAG.

Uniform Federal Accessibility Standards (UFAS)

This document provides uniform standards for the design, construction, and alteration of buildings financed with Federal funds so that persons with disabilities will have ready access to and use of them in accordance with the Architectural Barriers Act. These standards or ADAAG (whichever is more stringent) are used for Job Corps center construction and rehabilitation projects.

Section 508 of the Rehabilitation Act of 1973

Section 508 is a statutory section in the Rehabilitation Act of 1973 (found at 29 U.S.C. 794d). Congress significantly strengthened section 508 in the Workforce Investment Act of 1998. Its primary purpose is to provide access to and use of Federal executive agencies' electronic and information technology (e.g., telephones, websites, multimedia) by individuals with disabilities. The statutory language of section 508 can be found at www.section508.gov.

Section 508 requires:

  • Individuals with disabilities who are Federal employees to have access to and use of information and data that is comparable to the access to and use of the information and data by Federal employees who are not disabled.

  • Individuals with disabilities who are members of the public seeking information or services from a Federal department or agency to have access to and use of information and data that is comparable to the access to and use of the information and data by such members of the public who are not disabled.

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