American Job Centers
American Job Centers were established under the Federal Workforce Investment Act to provide a full range of job seeker assistance under one roof. American Job Centers are located at a variety of locations in each state, with more than 3,200 centers across the country. The American Job Centers system is required to be "universally accessible"; any member of the general public (including those with disabilities) can access the system and use the basic, or "core," services.
Americans with Disabilities Act (ADA)
The ADA and the ADA Amendments Act of 2008 recognizes and protects the civil rights of people with disabilities and is modeled after earlier landmark laws prohibiting discrimination on the basis of race and gender. The ADA prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications, and governmental activities. The substantive employment standards of the ADA, which are applicable to the Federal Government through the Rehabilitation Act, can be found at 42 U.S.C. Section 12111, et seq., and 42 U.S.C. Sections 12201, 12202, 12203, 12204, and 12210.
Adjustment or Alteration
Reasonable accommodations can include, but are not limited to, the following:
- Removing barriers and making existing facilities accessible
- Utilizing part-time or modified work schedules
- Modifying policies or procedures
- Adjusting or modifying tests, training materials, or examinations, when appropriate and the modifications do not remove essential duties, lower standards, or waive legally justifiable qualification requirements of the position (for example, a driver's license is a legally justifiable qualification requirement when the essential duties cannot be performed using a different mode of transportation, such as a taxi or bus)
- Providing services such as qualified readers and interpreters or real-time captioning
- Acquiring or modifying equipment or devices
Alternate Formats
For people with some disabilities, such as visual impairments, written materials need to be available upon request in alternate formats including Braille, text file, large print, audiotape, or video captioning.
Architectural Access
Architectural accessibility refers to the "built" environment and the means of getting to and from that built environment. An architecturally accessible building considers the needs of persons with a range of disabilities including visual, mobility, hearing, and cognitive impairments.
Computer/Electronic Accommodations Program (CAP)
www.cap.mil The Department of Defense Computer/Electronic Accommodations Program (CAP) provides assistance to Federal employees with disabilities in terms of access to computer and electronic technology. CAP provides assistive services to those who are blind, vision-impaired, deaf, hearing-impaired, or with a dexterity, cognitive, or learning disability. Working with hiring managers and IT professionals, CAP is able to provide technology tools and aids that give qualified individuals equal opportunity to perform to the best of their abilities in the Federal Government.
Communication Access
Communication access means providing the technology or services necessary to facilitate equivalent communication for persons with hearing, speech, cognitive, or learning disabilities.
U.S. Department of Labor-Office of Disability Employment Policy (DOL-ODEP)
http://www.dol.gov/odep/ The Office of Disability Employment Policy (ODEP) provides national leadership by developing and influencing disability employment-related policies and practices affecting an increase in the employment of people with disabilities. ODEP was authorized by Congress in the Department of Labor's FY 2001 appropriation. Recognizing the need for a national policy to ensure that people with disabilities are fully integrated into the 21st century workforce, the Secretary of Labor delegated authority and assigned responsibility to the Assistant Secretary for Disability Employment Policy. ODEP is a sub-cabinet-level policy agency in the Department of Labor.
U.S. Department of Labor-Office of Workers' Compensation Programs (DOL OWCP)
http://www.dol.gov/owcp/ The Office of Workers' Compensation Programs (OWCP) protects the interests of workers who are injured or become ill on the job, their families, and their employers by making timely, appropriate, and accurate decisions on claims, providing prompt payment of benefits and helping injured workers return to gainful work as early as is feasible. The OWCP administers four major disability compensation programs which provide wage replacement benefits, medical treatment, vocational rehabilitation, and other benefits to certain workers or their dependents who experience work-related injury or occupational disease.
U.S. Equal Employment Opportunity Commission (EEOC)
www.eeoc.gov The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing Federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability, or genetic information.
Essential Function
Those job duties that are so fundamental to the position that the individual holds or desires that he/she cannot do the job without performing them. A function can be "essential" if, among other things: the position exists specifically to perform that function; there are a limited number of other employees who could perform the function; or the function is specialized and the individual is hired based on his/her ability to perform them. Determination of the essential functions of a position must be done on a case-by-case basis so that it reflects the job as actually performed, and not simply the components of a generic position description.
Executive Order (E.O.) 13548—Increasing Federal Employment of Individuals with Disabilities
E.O. 13548 provides that the Federal Government, as the Nation's largest employer, must become a model for the employment of individuals with disabilities. The order directs Executive departments and agencies to improve their efforts to employ Federal workers with disabilities and targeted disabilities through increased recruitment, hiring, and retention of these individuals.
Feds Hire Vets
http://www.fedshirevets.gov/About/index.aspx This Web site is a direct result of Executive Order 13518 on Employment of Veterans in the Federal Government. In partnership with the Departments of Defense, Labor, Veterans Affairs, and Homeland Security, as well as other Federal agencies, our vision is that this Web site will be the preeminent source for Federal employment information for our Veterans, transitioning service members, their families, Federal HR professionals, and hiring managers. Our goal is to provide consistent and accurate information and useful training and other resources in a way that will inform both the applicant and the hiring agency.
Individual with a Disability
http://www.eeoc.gov/eeoc/publications/fs-ada.cfm The Americans with Disabilities Act, made applicable to the Federal government through and the Rehabilitation Act of 1973, define a disability as:
a physical or mental impairment that substantially limits one or more major life activities (sometimes referred to in the regulations as an "actual disability")
or
a record of a physical or mental impairment that substantially limited a major life activity ("record of")
or
when a covered "entity" takes an action prohibited by the ADA because of an actual or perceived impairment that is not both transitory and minor ("regarded as").
Job Accommodation Network (JAN)
http://askjan.org/ The Job Accommodation Network (JAN) works to facilitate the employment and retention of employees with disabilities. JAN represents a comprehensive source of guidance by providing employers, employees, and job seekers with research, recommendations, and resources for job accommodations.
U.S. Office of Personnel Management (OPM)
http://www.opm.gov/ The U.S. Office of Personnel Management (OPM) provides human resources, leadership, and support to Federal agencies and helps the Federal workforce achieve their aspirations as they serve the American people. OPM works in several broad categories to recruit, retain, and honor a world-class workforce for the American people.
OPM Shared List of People with Disabilities
Programmatic Access
Programmatic access refers to a program's eligibility requirements, policies, or operating procedures and whether or not they allow full access for individuals with disabilities. This includes ensuring accessibility when planning meetings or events, including sign language interpreters, as well as access to and within event facilities.
Reasonable Accommodation
http://www.eeoc.gov/policy/docs/accommodation.html An adjustment or alteration that enables a qualified person with a disability to apply for a job, perform job duties, or enjoy benefits and privileges of employment. There are three categories of reasonable accommodations:
Modifications or adjustments to a job application process to permit an individual with a disability to be considered for a job (such as providing application forms in alternative formats like large print or Braille);
modifications or adjustments to enable a qualified individual with a disability to perform the essential functions of the job (such as providing sign language interpreters); and
Modifications or adjustments that enable employees with disabilities to enjoy the benefits and privileges of employment (such as removing physical barriers in an office cafeteria).
Rehabilitation Act of 1973
The Rehabilitation Act of 1973, as amended, is a civil rights law that protects individuals with disabilities from discrimination. The Rehabilitation Act also provides for direct services to people with disabilities which help them to become qualified for employment.
Section 501 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 791), prohibits discrimination on the basis of disability in Federal employment and requires the Federal Government to engage in affirmative action for people with disabilities. The law:
- Requires Federal employers not to discriminate against qualified job applicants or employees with disabilities. Persons with disabilities should be permitted to compete at all grade levels and for all occupational series commensurate with their qualifications. Federal employers should ensure that their policies do not unnecessarily exclude or limit persons with disabilities because of a job's structure or because of architectural, transportation, communication, procedural, or attitudinal barriers.
- Requires employers to provide "reasonable accommodations" to qualified applicants and employees with disabilities unless doing so would cause undue hardship to the employers. Such accommodations may involve, for example, restructuring the job (subject to retaining essential functions), modifying work schedules, adjusting or modifying examinations, providing readers or interpreters, and acquiring or modifying equipment and/or facilities (including the use of adaptive technology such as voice recognition software). Reassignment may also be appropriate as a last resort.
- Prohibits selection criteria and standards that tend to screen out people with disabilities, unless such procedures have been determined through a job analysis to be job-related and consistent with business necessity, and an appropriate individualized assessment indicates the job applicant cannot perform the essential functions of the job, with or without reasonable accommodation.
- Requires Federal agencies to develop affirmative action programs for hiring, placement, and advancement of persons with disabilities. Affirmative action must be an integral part of ongoing agency personnel management programs.
Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794d), requires Federal agencies to procure, use, maintain, and develop accessible electronic and information technology, unless doing so imposes an undue burden. National security systems are exempt. Federal agencies were required to comply with standards promulgated by the Architectural and Transportation Barriers Compliance Board (the Access Board) that took effect on August 7, 2000. Agencies must biannually evaluate their compliance with Section 508 and must report the results of these self-evaluations to the Attorney General.
Return-to-Work
When employees experience illness or injury, it often impacts their ability to perform their jobs. In cases where an employee is out of work due to illness or injury, it's in everyone's best interest to return him or her to work in some capacity as soon as they are able. Through strong Return-to-Work efforts and programs, an agency can:
- Retain employees talents, skills and knowledge.
- Reduce workers' compensation costs.
- Improve productivity and morale of all employees.
- Allow a returning employee to protect their earning power.
- Examples of effective return-to-work strategies include offering the opportunity to work part time, telecommuting, modifying work duties, modifying schedules, and implementing reasonable accommodations to provide employees with the tools and resources they need to carry out their responsibilities.
Schedule A Appointing Authority for People with Disabilities
The Schedule A Appointing Authority for People with Disabilities (5 CFR 213.3102(u)) provides noncompetitive authority for hiring qualified applicants with an intellectual disability, severe physical disabilities or psychiatric disabilities. Some of its benefits include:
- No public notice required by OPM
- No time-in-grade required by OPM
- Schedule A appointment can be used for:
- Permanent appointments
- Time-limited appointments
- Temporary appointments
In order to be eligible for employment through the Schedule A noncompetitive process, documentation of the disability is required. Such documentation is used to verify that the individual being hired is indeed a person with an intellectual disability, severe physical disability, or psychiatric disability. This documentation must be provided to the hiring agency before an individual can be hired. Documentation of eligibility for employment under Schedule A can be obtained from a licensed medical professional (e.g., a physician or other medical professional certified by a state, the District of Columbia, or a U.S. territory to practice medicine); a licensed vocational rehabilitation specialist (i.e., state or private); or any Federal agency, state agency, or agency of the District of Columbia or a U.S. territory that issues or provides disability benefits.
Selective Placement Program Coordinator (SPPC)
Most Federal agencies have Selective Placement Program Coordinator (SPPC) or a Special Emphasis Program Manager (SEPM) or equivalent for employment of people with disabilities. This person helps agency management recruit, hire, and accommodate people with disabilities at that agency. These people are specially trained to assist you in finding, accommodating, and hiring people with disabilities that fit your work team needs. Your agency's SPPC (or equivalent) or agency recruiter can provide you with employment opportunity information. The SPPC is often located in the Human Resources or Equal Employment Opportunity office of each Federal agency.
Targeted Disabilities
A list of specific disabilities, or disability categories, used solely for the purpose of data collection and reporting, which include deafness, blindness, missing extremities, partial paralysis, complete paralysis, epilepsy, severe intellectual disabilities, psychiatric disabilities, and dwarfism.
Technology Access
An extremely valuable way to increase inclusion for people with a range of disabilities. Augmentative communication devices, wheelchairs, and screen readers which "speak" what is on the computer screen are all examples of personal technology used by individuals with disabilities to increase accessibility and inclusion. Remember that technology access is not always complex electronic devices, but can be as simple as a rubber pen grip.
Technology access also requires that computers, Web sites, and telephone systems are all accessible to and useable by people with a range of disabilities including visual, hearing, mobility, and cognitive disabilities.
Ticket-To-Work Employment Networks
http://www.socialsecurity.gov/work/index.html The Ticket-to-Work Program provides people receiving Social Security benefits (beneficiaries) choices for receiving employment services. Under this program, the Social Security Administration (SSA) issues tickets to eligible beneficiaries who may assign those tickets to an Employment Network (EN) of their choice to obtain employment services, vocational rehabilitation services, or other support services necessary to achieve a vocational (work) goal.
Veterans' Recruitment Appointment (VRA)
In order to promote the policy of "the maximum of employment and job advancement opportunities within the Federal Government for disabled veterans and certain veterans of the Vietnam era and of the post-Vietnam era who are qualified for such employment and advancement," the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended (38 U.S.C. 4212),placed into law the provisions of the Executive Order authorizing the noncompetitive appointment of Vietnam era veterans under Veterans' Recruitment Appointment (VRA). The Act also ensures all veterans are considered for employment under merit system rules and requires a separate affirmative action plan for the hiring, placement, and advancement of disabled veterans.
Veterans Employment Opportunities Act of 1998 (VEOA)
The Veterans Employment Opportunity Act of 1998 (VEOA), as amended, is a competitive service appointing authority that can only be used when filling permanent, competitive service positions. It cannot be used to fill Excepted Service positions. It allows veterans to apply to announcements that are only open to so-called "status" candidates, which means "current competitive service employees." For more information, go to:
http://www.fedshirevets.gov/job/shav/#veoa.
Vocational Rehabilitation
http://askjan.org/cgi-win/TypeQuery.exe?902 By contacting your local vocational rehabilitation office, you will tap into a wealth of resources related to employment options for people with disabilities. Vocational rehabilitation (VR), a state-supported division of services, assists individuals with disabilities who are pursuing meaningful careers
Workforce Recruitment Program (WRP)
https://wrp.gov/AboutPre.dol The Workforce Recruitment Program (WRP) is a recruitment and referral program that connects Federal sector employers nationwide with highly motivated college students and recent graduates with disabilities who are eager to prove their abilities in the workplace through summer or permanent jobs. The U.S. Department of Labor's Office of Disability Employment Policy (ODEP) and the U.S. Department of Defense's Office of Diversity Management & Equal Opportunity (ODMEO) manage the program, which continues to be successful with the participation of many other Federal agencies and sub-agencies.
30 Percent or More Disabled Veterans
5 U.S.C. Sections 3312 and 3318 require any disqualification, non-selection, or passing over of a veterans' preference-eligible applicant for medical reasons be approved by the Office of Personnel Management before the position can be filled. This includes an agency medical disqualification of a 30 percent or more disabled veteran for assignment to another position in a reduction in force. A non-preference eligible who is disqualified for medical reasons also has the right to a higher level review of the determination in the agency as stated in OPM regulation Code of Federal Regulations (CFR) Title 5, Section 339.306.
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