Access AmeriCorps
Follow-up: Section II General Non-Discrimination Obligations
If there are circumstances under which a person with a disability would be prohibited from receiving services from an AmeriCorps program, they need to be closely examined to ensure that they are not in fact, discriminatory. Most often, these circumstances will arise due to eligibility criteria or policies of a program. In such cases, it is critical that clear documentation and evidence be provided that demonstrates a need for such policies or criteria. If such documentation cannot be provided, the criteria and/or policies should probably be changed.
If there are circumstances under which an individual with a disability would receive a lesser or different benefit than an individual without a disability, these circumstances must be evaluated to determine if there is a way to "equalize" the benefit and create a higher level of access. Such equalization may require changes in policy or procedure, architectural modifications, or reasonable accommodations.
Surcharges or fees to cover the costs of accommodations are never allowed.
- Are program staff aware that they have the obligation to make reasonable modifications to policies, practices and procedures when necessary to enable persons with disabilities to receive services or benefit from the program?
In many situations, problems and complaints arise because program staff are not aware of what programs are obligated to do. It is important that administrative steps be taken to ensure that no one is denied access due to a disability before a comprehensive review and assessment of the situation is conducted.
- How do you know?
Once again, it is never a good idea to assume that staff is aware of an obligation. Training should be conducted on an ongoing and periodic basis.
It is not required that a specific person be identified, but it is often helpful, especially when a program lacks institutionalized experience in providing reasonable accommodations.
- If 'yes,' please describe.
- Has that training been effective?
- How do you know?
Training in this area is important. This question is a way of thinking about training that has been provided and to evaluating the effectiveness of such training.
Inclusion of persons with disabilities is often thought of as a charitable or special project that programs undertake. In fact, persons with disabilities are part of the spectrum of diversity that we strive to include in AmeriCorps programs. Thinking about persons with disabilities as a demographic group that has far too often been excluded from full participation can lead the way to a very different, and more inclusive, way of thinking on the part of program staff and members.
The provision of segregated services is not inherently wrong. However, such situations need to be closely examined to ensure that they do not exclude persons from participating in non-segregated or regular settings.
It is important to consider what others may do. In some situations, organizations have engaged in discriminatory behavior by "contracting out" and allowing someone else to discriminate. Therefore, it is important to ensure that you are contracting with organizations and individuals that are aware of their obligations, and that are nondiscriminatory in nature and action.
It is acceptable to use a standard clause in your contract and agreement language. It is far more effective, however, to take additional steps to ensure that contractors are in compliance. Some suggested steps are:
- Ask for a copy of its 504 or ADA self-evaluation (for organizations that receive federal funds).
- Ask the contractor to complete this checklist.
- Ask for a separate letter of assurance, outlining its compliance with the ADA/Section 504.
- Ask about its experience with people with disabilities.
Concluding Note:
This section concerns accessibility in a holistic way: How do programs interact with the general public? Obligations under federal law are not limited to identified members with disabilities. Rather, they extend to all aspects of an AmeriCorps program.
Programs will encounter people with disabilities in a variety of different relationships: as members, as staff, as recipients of service and as supporters.