Narrative: III. b. 8.

Section 188 of WIOA ensures nondiscrimination and equal opportunity for various categories of persons, including persons with disabilities, who apply for and participate in programs and activities operated by recipients of WIOA Title I financial assistance. WFWV will use the "Promising Practices in Achieving Universal Access and Equal Opportunity: A Section 188 Disability Reference Guide” as a boilerplate in assuring compliance with Section 188 of WIOA. The Guide is designed to ensure meaningful participation of people with disabilities in programs and activities operated by recipients of financial assistance under the WIOA, including those that are part of the AJCWV.

The Guide outlines promising practices in the provision of universal access and equal opportunity to programs and activities under WIOA. WFWV will use the guide in coordination with the Governor’s WIOA Non-Discrimination Plan to monitor its own compliance, and that of its recipients, regarding the aspects of Section 188 and its implementing regulations that pertain to persons with disabilities.

The WV WDS is committed to ensuring physical and programmatic accessibility at its locations, including those at one-stop centers (AJCs).  Policies and procedures have been developed at the state and local levels to certify one-stop locations, based in part on an assessment of accessibility. 

At the state level, WFWV has developed WIOA Policy 05-16 to address accessibility and reasonable accommodations. The Workforce Innovation and Opportunity Act (WIOA) stresses physical and programmatic accessibility, including the use of accessible technology to increase access to high quality workforce services to individuals with disabilities. Title I of WIOA assigns responsibilities at the local, State, and Federal levels to ensure the creation and maintenance of an American Job Center (AJC) system that enhances the range and quality of workforce development services that are accessible to individuals seeking assistance. 

To afford individuals with disabilities an equal opportunity to participate in and enjoy the benefits of the WIOA Title I program or activity, a recipient must furnish appropriate auxiliary aids or services where necessary. In determining what type of auxiliary aid or service is appropriate and necessary, recipients must give primary consideration to the requests of the individual with a disability. Primary consideration means honoring the choice unless the agency can demonstrate that another equally effective means of communication is available, or that using the means chosen would result in a fundamental alteration in the service, program, activity, or undue financial and administrative burdens. There are many forms of reasonable accommodations and the individual with a disability and the AJC should work together to identify the most effective reasonable accommodation for each individual through informal discussions known as the “interactive process” whereby the individual is provided the opportunity to articulate their needs and the AJC is able to determine how best to meet those needs.

To provide guidance to Local Boards, Chief Elected Officials, and one-stop system partners concerning the criteria to be used to evaluate and certify one-stop centers, WFWV developed WIOA Policy 05-17. This establishes what the State WDB considers the baseline, or minimum, requirements for AJC certification. Among numerous other requirements are the requirements regarding programmatic and physical accessibility, such as providing reasonable accommodations and completing regular accessibility reviews.

At the local level, WDBs have policies and procedures to ensure accessibility and certify one-stop locations.  For example, Region 4 WIOA Policy: #23 - Accessibility and Accommodation, establishes that programs, services (including services using technology and the Internet), and facilities of the AJCs in the WDB region are accessible to all.

The Region 4 Equal Opportunity (EO) officer conducts ADA assessments annually for all offices of Workforce WV in Region 4. In addition, an inclusion Team has been created as a subset of the One Stop Managers and is charged with making sure the AJCs are accessible and can accommodate ALL customers regardless of disability or limitations. The inclusion Team will conduct “secret shopper” walk-throughs by individuals with various barriers, at least annually to help determine areas that need improvement and highlight the areas that are working well. Technology will be used to provide access to documents in an accessible manner to customers who may need them in a larger format, different language, etc. The lobby of the AJC is laid out to be friendly to persons with various barriers; staff can access an office to accommodate persons as necessary. AJC staff will be provided with training at least annually to assist them in understanding how to best provide services to customers with various barriers to employment/training (for example: Welcoming Customers with Disabilities from the ADA website.) All WIOA staff at the AJC have completed this training, and it has been recommended to partner staff. The inclusion Team meets monthly to discuss issues and determine how to meet any needs to be addressed, using partner resources, technology and other appropriate means. Additional sources of training include Job Accommodation Network and the Civil Rights Center.

Region 4 AJC operators and partners will comply with Section 188 of WIOA through staff training, facility checklists, monitoring of processes, use of “secret shoppers”, accessible technology for customers/employers. All partners sign an MOU that includes compliance with Section 188 of WIOA and 20 CFR 38. The EO officer will conduct ADA accessibility reviews for each Workforce WV site in the region at least annually. Staff training will be documented by each partner, with suggestions for training coming from front line staff, the EO officer for the region and areas of concern to the One Stop Management Team. The team has as a subset, an Inclusion Team which is charged with overseeing accessibility and accommodation within the AJCs in the region. The goal of the Inclusion Team is to make staff and the facilities accessible to all persons who wish to have access. Region 4 does not have a culturally diverse population so materials in a language other than English will be provided upon request as needed by the employer/job seeker. Federal, State, and local policy will be followed to provide accessibility and accommodation for everyone seeking services in Region 4.

As the vocational rehabilitation core partner agency, DRS is readily available to provide disability-related technical assistance, provide one-stop staff training, and other related assistance in AJCs across the state.  DRS’ Rehabilitation Technology Unit is also available statewide to provide detailed ADA assessments, recommendations for rehabilitation technology, and engineering plans/drawings.  DRS also provides training and technical assistance relating to assistive technology, including various hardware and software options.  The DRS Information Technology Unit is available to provide assessments and technical assistance relating to websites, electronic documents, etc. to ensure accessibility and Section 508 compliance.  An example of these services can be found in Region 5, where DRS staff regularly meet with AJC staff to identify opportunities for improvements at regional AJCs, conduct cross-training, provide technology assistance for AJCs, and coordinate programs and services to better address the diverse needs of job seekers with disabilities.  As a result, staff are better able to identify advanced opportunities for individuals with disabilities, as well as the possibility for co-enrollment in other programs.