Federal Employment Policy

1
Federal Employment PolicyIncreasing Employment
Opportunities for Persons with Disabilities

• Stephanie Birmingham
• Public Policy Associate
• APSE
• September 2010

2
Current Situation?

• Employment of persons with disabilities has been
  historically low.
• Participation rate of individuals with targeted
  disabilities in the federal workforce was 0.88.
  (FY 2009 Annual Report on the Federal Workforce)

AUGUST 2010 DATA in Labor Force Unemployment Rate(not seasonally adjusted)
Persons with a disability 22 15.6
Persons without a disability 70.2 9.3
3
Why Are Employment Rates So Low for Persons with
a Disability?

• Myths and stereotypes
• Medical Model of Disability
• Work disincentives
• Lack of transportation
• Lack of accessible/affordable housing

4
Conversations Surrounding Improving Employment
Outcomes

• Rehab Act/WIA Reauthorization
• Office of Federal Contract Compliance Programs
  ANPRM
• JWOD Modernization
• Elimination of 14(C)/Sub-Minimum Wage
• Employment First

5
Workforce Investment Act

• Title I Workforce Investment System
• Title II Adult Education and Literacy Programs
• Title III Wagner-Peyser Act Amendments
• Title IV Rehabilitation Act Amendments
• Title V General Provisions

6
Rehabilitation Act

• Establishes
• Vocational Rehabilitation System
• CAP (Client Assistance Program)
• NIDRR (Natl Institute on Disability and
  Rehabilitation Research)
• National Council on Disability

7
Rehabilitation Act Contd

• Under Title V
• Section 503 Affirmative Action
• Section 504 Nondiscrimination
• Section 508 Electronic and Information Technology
  Accessibility Requirements
• Title VI-B SE Grants for Individuals with
  Significant Disabilities
• Title VII establishes Centers for Independent
  Living

8
ANPRM OFCCP

• The Office of Federal Contract Compliance
  Programs seeks public comment on updated Section
  503 (Rehab Act) regulations.
• How to strengthen regulations?
• Establishment of placement goals?
• Current effective employment practices?
• Utilization of Linkage Agreements?

9
JWOD Reauthorization

• Representative Edolphus Towns (D-NY) introduced
  Javits-Wagner-ODay Act of 2010 (H.R. 5983) to
  modernize JWOD
• AbilityOne Program
• Committee for Purchase From People Who Are Blind
  or Severely Disabled
• NISH/NIB

10
How Do You Improve Employment Outcomes for
Persons with Disabilities?

• Elimination of 14(C)/Sub-Minimum Wage
• Phase-out must occur over time
• End use of 14(C) for youth transitioning out of
  the school system
• TA should be provided to providers currently
  using 14(C) Certificates to change business model

11
Improving Employment Outcomes for Persons with
Disabilities Contd.

• Employment First
• Improve expectations!
• Policies, practices and strategies should focus
  on integrated, community-based employment for
  individuals with disabilities.
• State funding should give priority to integrated,
  community employment as the first and preferred
  outcome.
• Align systems so they enable individuals with
  disabilities to work in integrated settings.

12
Employment First in the States

• TENNESSEE Division of Mental Retardation Services
  implemented an Employment First! Initiative
• WASHINGTON STATE Division of Developmental
  Disabilities Working Age Adult Policy
• INDIANA Employment First Summit
• CALIFORNIA Assembly Bill 2424 Employment First
  Policy

13
Employment First in the States Contd.

• PENNSYLVANIA Employment Manual for the PA
  Community Mental Retardation Program
• COLORADO Division for Developmental Disabilities
  has established a rule that employment is the
  primary service option for adults
• FLORIDA Agency for Persons with Disabilities
  launched an employment initiative in 2004
• MARYLAND Developmental Disabilities
  Administration established an Employment First
  Advisory Group

14
There is nothing wrong with change if its in
the right direction. - Winston Churchill
All progress occurs because people dare to be
different. - Harry Millner
Diversity is the one true thing we all have in
common. Celebrate it every day.- Anonymous
The key to change is to let go of fear.-
Susanne Cash
15
RESOURCES

• Disability Employment Statistics
  http//www.bls.gov/news.release/empsit.t06.htm
• Annual Report on the Federal Workforce
  http//www.eeoc.gov/federal/reports/fsp2009/index.
  cfmsectiond
• Workforce Investment Act http//www.doleta.gov/us
  workforce/wia/act.cfm
• Rehabilitation Act http//www2.ed.gov/policy/spec
  ed/reg/narrative.html
• OFCCPs ANPRM Section 503 Regulations
  http//www.regulations.gov/search/Regs/home.htmld
  ocumentDetail?R0900006480b1fd5a

16
RESOURCES CONTD.

• JWOD Modernization http//thomas.gov/cgi-bin/quer
  y/z?c111H.R.5983
• Employment First in the States http//selnmembers.
  org/images/stories/site_documents/dmr20request20
  employment20policy203-08rev.pdf
• APSEs Call to Phase-Out Subminimum Wage
  http//www.apse.org/docs/APSE20Subminimum20Wage
  20Policy20Statement2010.095B15D.pdf
• APSEs Employment First White Paperhttp//www.aps
  e.org/docs/Revised20Employment20First20paper20
  7095B15D.pdf