Tools from a variety of sources are available for one-stop systems to perform self-assessments of accessibility. Accessibility checklists and toolkits have been made available on workforcenewyork.org. The following are the links available on workforcenewyork.org:

http://www.disability.state.mn.us/pubs/bluebk/intro.html
http://www.workforcenewyork.org/mobilityprimer.html

One-Stop systems should assure that all of their programs, services and activities are programmatically accessible to all of their customers. One step in determining how to provide program access is reviewing the physical access to the building where the services are housed. If the space is leased, it is also understood that the One-Stop partners may not solely determine control over the physical environment. It should be clear in the lease if the landlord or tenant is responsible for accessibility issues and signage. Ultimately, both parties have a responsibility to provide access; it just may be different elements of the ADA that would apply, Title II (State and Local Government) of the ADA for the One-Stop Center and probably Title III (Public Accommodations) of the ADA for the landlord.

The programmatic requirement under the ADA for One-Stop centers allows for flexibility when determining how to serve customers with disabilities. Programmatic accessibility means that all of the services, when viewed in their entirety, are readily accessible to and usable by people with disabilities. This does not automatically mean physical access only, but may allow for elements like reassignment of services to an accessible location if the facility cannot be made accessible, home visits, purchase or redesign of equipment, or assignment of aids to beneficiaries. However, if there is no alternative means to achieve program access, structural changes will be necessary, unless to do so would impose undue burdens on the entity.

Section 5.2000 of the ADA Title II regulations discusses methods for providing program accessibility. It states, “Public entities may achieve program accessibility by a number of methods. In many situations, providing access to facilities through structural methods, such as alteration of existing facilities and acquisition or construction of additional facilities, may be the most efficient method of providing program accessibility. The public entity may, however, pursue alternatives to structural changes in order to achieve program accessibility. Nonstructural methods include acquisition or redesign of equipment, assignment of aides to beneficiaries, and provision of services at alternate accessible sites. When choosing a method of providing program access, a public entity must give priority to the one that results in the most integrated setting appropriate to encourage interaction among all users, including individuals with disabilities.”

The One-Stop system grievance procedure is an important vehicle for individuals to utilize to express their unmet needs in obtaining services from the system.

Under the ADA, individuals wishing to file title II complaints may either file

1. An administrative complaint with an appropriate Federal agency; or
2. A lawsuit in Federal district court.

If an individual files an administrative complaint, an appropriate Federal agency will investigate the allegations of discrimination. Should the agency conclude that the public entity violated title II, it will attempt to negotiate a settlement with the public entity to remedy the violations. If settlement efforts fail, the matter will be referred to the Department of Justice for a decision whether to institute litigation.

One important note for reasonable accommodation in any work environment is that it is customized to the needs of the individual and the particular job and job functions they are performing. Determining a reasonable accommodation should be an informal, interactive process.

Reasonable modification of policies, practices or procedures may include a variety of elements that allow people with disabilities to participate in the programs and services of a One-Stop system. This may include providing additional services or changing the way services are administrated that allows the person with a disability to participate.

• Information on reasonable accommodation strategies
• Definition of disability questions
• Local resources available to assist employers with reasonable accommodation
• Information on tax incentives for hiring people with disabilities
• Updates on legislation shaping court decisions, relevant for a variety of ADA issues
• Specific technical assistance and training, including on-site, grant sponsored assistance

In addition, Cornell has developed a web-based resource for employers and human resource professionals to provide on-line information on accommodations for persons with visual and hearing impairments. This resource can be found at http://www.ilr.cornell.edu/ped/accessforall as well as a listing of brochures for employers at http://www.hrtips.org.

The definition of disability under the ADA is:

• A physical or mental impairment that substantially limits a major life activity;
• A record of such an impairment; or
• Regarded as having such an impairment.

The definition does not look at an individual’s diagnosis of an impairment solely, rather how significant that impairment affects the individual’s ability to perform major life activities, such as (not exhaustive list) breathing, seeing, walking, speaking, hearing, learning, caring for oneself, performing manual tasks, procreation, sleeping, and others. The substantial element is very significant, in that the individual is unable to perform a major life activity compared to most people, or significantly restricted as to the condition, manner or duration activity can be performed in comparison to most people. There are three factors that assist in determining whether or not something is substantially limiting:

1. Nature & severity of the impairment
2. Duration or expected duration of the impairment
3. Long term or permanent impact or expected impact of, or resulting from impairment

At the pre-offer stage, employers are prohibited against asking disability related questions of candidates. These may include questions that are both direct (do you have a disability?) and indirect questions (what medications do you currently take?). An employer may ask potential candidates about their job history, skills, aptitudes, and can ask a potential candidate who has an obvious disability, has disclosed a disability or has requested reasonable accommodation, about the need for accommodation, and the type needed.

After a conditional offer of employment has been extended to a candidate, an employer may ask disability related questions as long they are asked of everyone in the job category. If a disability is discovered in a post-offer inquiry or medical examination, the conditional offer can be revoked if it is job related and consistent with business necessity and there is not a reasonable accommodation that would allow the individual to perform the essential functions of the position.

Many people with disabilities, especially those with disabilities that are not obvious, may not want to reveal this in the interview process at the One-Stop or have the information passed on to anyone else. Awareness of any such condition can be very helpful to provide effective services. It should be included when discussing all barriers to employment, treating it as just another barrier, not an issue in and of itself. It is important that any partner that is providing services to customers of the One-Stop system is aware of these types of issues for people with obvious and non-obvious disabilities.

Service animals perform some of the functions and tasks that the individual with a disability cannot perform for him or herself. "Seeing eye dogs" are one type of service animal, used by some individuals who are blind. This is the type of service animal with which most people are familiar. But there are service animals that assist persons with other kinds of disabilities in their day-to-day activities. Some examples include:

• Alerting persons with hearing impairments to sounds.
• Pulling wheelchairs or carrying and picking up things for persons with mobility disabilities.
• Assisting persons with mobility disabilities with balance.

It is important to note that a service animal is not a pet. The service animal must be permitted to accompany the individual with a disability to all areas of the facility where customers are normally allowed to go. An individual with a service animal may not be segregated from other customers. (U.S. Department of Justice, Commonly asked Questions about Service Animals in Places of Business)

How they do respond is entirely up to the individual. It is important that they are comfortable and prepared. If they choose to discuss their obvious or non-obvious disability, it is recommended that they do so in a clear, non-medical, matter-of-fact manner, but concentrate on their skills and abilities, not their disability.

Also, job seekers should be aware that discrimination based on a disability is prohibited, just like discrimination based on race, gender, etc. Many employers are hesitant to hire people with disabilities because they are under the false impression that, once hired, they will never be able to terminate them, regardless of cause. Equal opportunity to be hired is also equal opportunity to be fired if the individual cannot effectively perform basic job functions. A disability does not entitle an individual to a job. An individuals qualifications as they apply to the job are the important elements of consideration, not the presence or absence of a disability. Equal opportunity must be provided to persons with disabilities as to anyone else, but it does not mean the person is immune from doing his/her job once hired. “Qualified” should be the operable word in hiring practices.

Since the training occurred in January 2002, One-Stop centers in each local area of the state have been outfitted with state of the art computers and software such as JAWS, Zoom Text, Open Book and Smart View CC TV.