The Americans with Disabilities Act and Vocational Rehabilitation

1
The Americans with Disabilities Act and
Vocational Rehabilitation

• When Clients Complain . . .
• OVRS Annual In-Service
• Salem Convention Center
• August 13, 2008
• Presented by Sherri Rita

2
In the Beginning . . .

• Early to mid-1900s Social programs were about
  bridging gap between rich and poor, addressing
  skilled labor shortages created by war and
  rapidly expanding industrialization, and
  increasing the number of potential wage-earning
  consumers
• Focus on education as gateway to
  work/self-sufficiency
• training programs for displaced workers and
  veterans with disabilities
• compulsory education (with vocational focus and
  segregation of students w/disabilitiesearly
  special education)

3
In the Beginning . . . (cont)

• Eventual recognition that causes for poverty and
  barriers to gainful employment were manifold, and
  not everyone was working and self-sufficient . .
  .
• Systemic barriers that were established based on
  assumptions regarding gender, skin color,
  disability needed to be dismantled
• Brown vs. Bd. Of Education
• Civil Rights Act of 1964

4
People with Disabilities on the Civil Rights
Continuum . . .

• Recognition that social barriers needed to be
  addressed/removed through legislation to allow
  for enforcement of rights (Brown vs. Bd. Of
  Education)
• Civil Rights Act of 1964 model for all subsequent
  civil rights legislation, including 504 and the
  ADA

5
Rehabilitation Act of 1973

• Section 504 addressed systemic barriers to
  employment and recognized for the first time the
  civil rights of individuals with disabilities (in
  federally-funded programs)
• No otherwise qualified person with a disability
  can be excluded, based on disability, from
  participation in any federal program or activity
  receiving FFA.
• Schools, colleges, universities, day care
  centers, hospitals, nursing homes, public welfare
  officesyou name it, it probably receives federal
  funding

6
Section 504 (continued)

• Covered persons initially only included those
  whose disability limited employability and who
  could reduce limitation through VR services
  subsequently expanded to cover any qualified
  person with a disability including someone who
  would qualify for program/service with reasonable
  accommodation
• Shift in what was considered equal access to
  opportunity Affirmative removal of barriers
  (not just equal treatment)

7
Why the ADA, then?

• Section 504 only covered federally-funded
  entities/programs
• Widespread discrimination continued to manifest
  in private sector business, employment
• Understanding that inferior social status not a
  necessary consequence of disability (or color, or
  nationality . . .) but rather of societal
  barriers/prejudices
• Recognition that perception of disability
  resulted in discriminatory practices/policies, as
  well

8
The Americans with Disabilities Act of 1990

• Guaranteed equal access to state and local govt,
  private businesses and employers
• Protects
• Persons with a physical or mental impairment that
  substantially limits one or more major life
  activities or
• Persons with a record of such an impairment or
• Persons regarded as having such an impairment
• Purpose to remove barriers created based on
  myths, fears, stereotypes

9
Features of the Americans with Disabilities Act
of 1990

• Title I Employment
• Title II State/Local Government
• Title III Public Accommodations

10
Nondiscrimination in VR Programs

• OVRS is subject to both 504 and the ADA
• OVRS is obligated under each of these laws to
  provide reasonable accommodations to our clients
  whose disabilities may prevent them from
  effectively accessing our services and to not
  deny services or otherwise discriminate on the
  basis of real or perceived disability

11
Eligibility for VR vs. Protected Status under
ADA/504

• current illegal drug users do not enjoy protected
  status when exclusion based on that drug use
  however
• current illegal drug users cannot be denied
  health or VR services based on drug use if
  otherwise qualified

12
Internal Grievance Procedure

• OVRS is obligated under each law to make
  available an internal grievance procedure to
  allow clients to submit complaints regarding the
  denial of accommodations or other actions that
  may be construed as disability discrimination
• Clients are not obligated to file an internal
  grievance before taking other routes to enforce
  their rights (CAP, federal Office of Civil
  Rights, or private lawsuit)
• It is in OVRS and clients interests to resolve
  complaints at the lowest level and as efficiently
  as possible

13
Purpose of Todays Session

• The breakout session later today will allow you
  to ask your specific questions regarding what may
  constitute disability discrimination in the
  administration of our VR program
• This session is to assist you in understanding
  our internal grievance procedure