1 / 48

Disability and Employment

Disability and Employment. Current legislation, trends and resources. Leah Lobato Director Governor’s on Employment of People with Disabilities & Business Relations Utah State Office of Rehabilitation USOR. leahlobato@utah.gov www.usor.utah.gov. Legislation.

henkel
Download Presentation

Disability and Employment

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Disability and Employment Current legislation, trends and resources

  2. Leah LobatoDirector Governor’s on Employment of People with Disabilities & Business RelationsUtah State Office of RehabilitationUSOR leahlobato@utah.gov www.usor.utah.gov

  3. Legislation

  4. Workforce Innovation and Opportunity Act - WIOA • Title 1 • Reinforces that businesses are best able to inform the workforce development system on how to better align programmatic services with industry needs, thereby increasing the potential for all job-seekers, including those with disabilities, to achieve competitive integrated employment • Places a premium on industry or sector partnerships and proven strategies, including apprenticeships and work-based learning experiences, to deliver high-quality worker training

  5. WIOA • Strengthens and improves existing Career Pathways for all job-seekers and workers • Emphasizes the importance of meeting employers’ needs by incorporating them into the performance accountability measures applicable to all core programs of the workforce development system, including the VR program

  6. WIOA • Emphasizes the importance of fostering working relationships between the VR agencies and business, thereby enabling the development of: • Work-based learning opportunities for students and youth with disabilities; and • Employment opportunities in the community for individuals with disabilities, including those with the most significant disabilities

  7. WIOA amends Title V of the Rehabilitation Act • Section 511 limits use of subminimum wage • The provisions in section 511 are effective 2 years after enactment, July 22, 2016 • Section 511 demonstrates the intent that individuals with disabilities, especially youth with disabilities, must be afforded a full opportunity to prepare for, obtain, maintain, advance in, or reenter competitive integrated employment

  8. WIOA Increase in Services to Youth with Disabilities • Emphasizes the need for youth with disabilities to have more opportunities to practice and improve their workplace skills, to consider their career interests, and to get real world work experience • Requires State vocational rehabilitation (VR) agencies to make “pre-employment transition services” available to all students with disabilities

  9. WIOA and Youth • Requires State VR agencies to set aside at least 15 percent of their Federal VR program funds to provide pre-employment transition services to assist students with disabilities make the transition from secondary school to postsecondary education programs and competitive integrated employment

  10. WIOA and Youth • Allows State VR agencies to prioritize serving students with disabilities • Allows State VR agencies to support advanced training in STEM and other technical professions • Dedicates half of the Federal Supported Employment program funds to provide youth with the most significant disabilities with the supports they need, including extended services, to enable them to obtain competitive integrated employment

  11. Rehabilitation Services Administration - RSA • Promoting more engagement among State VR agencies, employers, employer associations, workers, and recruitment professionals to identify the needed skills and supports; • Providing training to VR counselors and other VR professionals so they may help individuals with disabilities obtain jobs, increase earnings, and advance in their careers; and • Providing quality information and TA to workers, job seekers, and employers regarding job demands, skills matching, job supports, education, training, and career options

  12. Federal 503 • Section 503 of the Rehabilitation Act has been in place since 1973 without any changes • Updated regulations create new requirements for Federal Contractors or subcontractors with contracts of $10,000 or more

  13. Federal 503 • In place to have better consistency with ADAAA • Effective on March 24, 2014 • Intention is to better increase the connection and efforts to hire, recruit and retain People with Disabilities • Requires business to have an Affirmative Action Plan (AAP)

  14. Federal 503 • 7% utilization goal is NOT a QUOTA and does not currently carry any violation or penalty if not met • Requires outreach and recruitment, will be evaluated on case by case basis and will be flexible for contractors • Requires report of disability pre-hire, post-hire and re-evaluate every 5 years

  15. Voluntary Self-Identification Form • Has to be exact form from OFCCP • Immutable characteristic • Voluntary Best practice is to dispel the fears for both job seekers and business partners

  16. VEVRAAVietnam Era Veterans Readjustment Assistance Act • Affirmative action to employ and advance specific categories of Veterans • First established in 1976 • Updated to address the continued high rate of unemployment of Veterans • 2012 BLS – 2.6 million Gulf War-era II Veterans

  17. VEVRAAVietnam Era Veterans Readjustment Assistance Act • Benchmark is based on the national percentage of Veterans in the workforce • Requires business to establish partnerships or “linkage agreements” • Requires annual reporting

  18. Searching for Jobs with Federal Contractors • Must post with the EEO tag line: • an Equal Opportunity/Affirmative Action employer. All qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, disability, or protected veteran status • One-Stop Career Center page, other sources

  19. Initiatives

  20. Federal Employment • Presidential Executive Order 13548 issued by President Obama in 2010 provides that as the nations largest employer, the Federal Government must become a model for the employment of individuals with disabilities

  21. Federal Schedule A • Specialized hiring authority that allows Federal hiring officials to appoint qualified people with disabilities non-competitively • The candidate must meet all job qualifications of an approved position description • The candidate must furnish the Department with a Schedule A certification letter or some other proof of disability documentation prior to appointment

  22. Schedule A Hiring Authority How does it work? • The “Schedule A employee” is hired under a two year appointment • Upon the completion of two years of demonstrating satisfactory performance, the agency may convert the individual to a permanent appointment in the competitive service • A current employee who is Schedule A eligible may use this hiring authority again for laterals and promotions while in the excepted service

  23. What is proof of disability documentation? • Statements or letters on a physician’s/medical professional’s letterhead stationary • Statements, records or letter from a Federal Government agency that issues or provides disability benefits • Statements, records or letters from a State Vocational Rehabilitation Agency counselor • Certification from a private Vocational Rehabilitation or other Counselor that issues or provides disability benefits

  24. Schedule A Certification Letter • The letter must state the individual has a disability and is eligible for hiring under this authority. Candidates may obtain such letters from their local vocational rehabilitation agency

  25. State Alternative State Application Program - ASAP • On October 19, 2007 Governor Huntsman signed an Executive Order to make Utah State Government the model employer of people with disabilities • During the 2010 legislative session, HB 17 was approved and signed on May 11, 2010 creating the Alternative State Application Program • The Alternative State Application Program is designed to appoint qualified persons with disabilities through an on-the-job examination period

  26. www.statejobs.utah.gov

  27. Job Driven VR TAC JDVRTAC • Providing training • Hosting communities of practice • Hosting conferences • Purpose is to find out best practices for VR and CRP cooperation and collaboration

  28. JDVRTAC

  29. JDVRTAC • If interested in participating contact: Laurie Ford, JDVRTAC Center for Continuing Education in Rehabilitation University of Washington • (425) 771-7428 office • Toll free (888) 377-0100 ext. 309 • http://www.ccer.org • lhf4@uw.edu

  30. ADAAA & Accommodations

  31. ADA = Civil Rights

  32. Legislation Relating to ADA • Civil Rights Act 1964 • Architectural Barriers Act (ABA) 1968 • Rehabilitation Act 1973 • Fair Housing Amendments Act 1988 • ADA 1990 • Civil Rights Act of 1991 • Rehab Act 1998 as amended (Section 508) • ADAAA 2008 – effective in 2009

  33. Accommodations 5 Words“Common Sense”“Good Faith Effort”

  34. Major Life Activities

  35. Exclusions from Definition of Disability • Current illegal use of prescription or other drugs • Certain sexual disorders & sexual orientation • Compulsive gambling, kleptomania, pyromania

  36. Employment – It’s All About Equality • ADA is not affirmative action! • “Recruit, hire, promote, fire the most deserving person”

  37. Essential Functions • Primary job duties • Do not include marginal or peripheral functions that are incidental to the performance of primary job duties

  38. What Questions Are OK To Ask? NOT OK to ask: • Questions about disabilities or illnesses • Questions about workers’ compensation history • Previous employers (or use outside agents) illegal questions OK to ask about: • job functions and tasks performed • quality and quantity of work performed • job attendance • job-related issues that don’t relate to disability

  39. Ways to Participate

  40. TAPTalent Acquisition Portal https://tapability.org/

  41. PWDNETPeople with Disabilities NetworkEmployment Networks • Active business connections built through relationships with employers • Employer’s who have made a commitment to hiring and retaining people with disabilities • They are aware of USOR/VR services and the supports we can provide on both the business side and client side

  42. Governor’s Committee on Employment of People with Disabilities • Dedicated to furthering the employment of Utahns with disabilities • Members represent private businesses, state agencies, service providers, media, people with disabilities, and other segments of the population

  43. Golden Key Awards • Recognize outstanding contributions that promote employment opportunities for people with disabilities • Award recipients will be recognized for their contributions at an awards ceremony

  44. United States Business Leadership Network - USBLN • Business to business mentoring model • Resources and support • http://usbln.org/

  45. Transition Mentoring Day Events • Promotes career development for students and job seekers with disabilities through job shadowing and hands-on career exploration • Creates a pipeline of qualified workers from which employers can recruit • Employers have an opportunity, as volunteer mentors, to learn more about the experience of disability, assist students and job seekers to make career choices and offer internships

  46. Workshops and Job Fairs • Bi-Annual Employer Workshops • March and September • Work Ability Career Preparation and Job Fairs • April and October

  47. Utah’s Business Relations Team Utah State Office of Rehabilitation (USOR) Leah Lobato, Director, Governor’s Committee on Employment of People with Disabilities & Business Relations 801-887-9538 leahlobato@utah.gov Thomas Smith, Business Relations Specialist 801-887-0282 Thomassmith@utah.gov www.usor.utah.gov

  48. Thank you for your time Questions???

More Related