The identification of individuals within the apprenticeship workforce that have a disability is done through voluntary self-identification, and the sponsor should not attempt to identify individuals with disabilities who do not self-identify. If an apprentice has an obvious visible physical disability (i.e., someone is blind or missing a limb), or if an apprentice requests a reasonable accommodation, a sponsor may include that person as an individual with a disability within its workforce analysis. Otherwise, a sponsor should be relying only on self-identification as the method for capturing disability status within its apprenticeship workforce.
How can a sponsor know if an apprentice or applicant has a disability and should, therefore, be counted as an individual with a disability in its workforce analysis?
Equal Employment Opportunity
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Under 29 C.F.R. 30.2, “disability” means, with respect to an individual: (a) a physical or mental impairment that substantially limits one or more major life activities of such individual; (b) a record of such an impairment; or (c) being regarded as having such an impairment. This definition, as with other terms defined in the regulations related to disability, are taken directly from title I of the Americans with Disabilities Act, as amended.
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There is no list of “approved” disabilities under the Equal Employment Opportunity regulations.
Examples of disabilities, as listed in the Equal Employment Opportunity Commission’s regulations implementing Title I of the Americans with Disabilities Act, include, but are not limited to, blindness, deafness, cancer, diabetes, epilepsy, autism, cerebral palsy, HIV/AIDS, schizophrenia, muscular dystrophy, bipolar disorder, major depression, multiple sclerosis, missing limbs or partially missing limbs, post-traumatic stress disorder, obsessive-compulsive disorder, impairments requiring the use of a wheelchair, and intellectual disability. These are merely examples; however, sponsors may refer to the Equal Employment Opportunity Commission’s disability discrimination page for additional information.
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