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Disability 101 TrainingLAURA TRONGE

Department of CommerceSenior Disability Policy Advisor

202-482-8187

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Film

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Rehabilitation Act of 1973

• Signed in 1973• Applies to all Federal Agencies• Prohibits discrimination against people with disabilities in recruitment, discipline, benefits etc.• Prohibits harassment and retaliation• Applies legal standards of ADA

“The Federal government shall become a model employer of individuals with disabilities. Agencies shall give full

consideration to the hiring, placement, and advancement of qualified individuals with

mental and physical disabilities.”

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Targeted Disabilities

• Deafness• Blindness • Partial Paralysis• Total Paralysis• Missing Limbs• Distortion of Limbs or Spine• Mental Illness• Mental Retardation• Convulsive Disorders

http://www.enader.com/

Professional photo by LoBiondo Photographic.

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People with Targeted Disabilities

MD 715 requires agencies to:

•Focus on the employment, promotion, and retention of people with targeted disabilities (PWTD).

•Develop goals for the hiring of PTWDs.

•Department of Commerce goal is 0.9% PWTD by 2011.

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Rehabilitation Act of 1973

Has three sections that apply to Commerce:

Section 501

Section 504

Section 508

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Section 501

Prohibits discrimination based on disability.

Requires agencies to provide reasonable accommodations.

Requires agencies to create an Affirmative Action Plan for employment of people with disabilities.

• Commerce goal – 0.9% .• Commerce goal 25 PWTD per year.• Workforce Recruitment Program• National Technical Institute for the Deaf• Gallaudet University• Disability Career Centers at Universities/ Colleges

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Disability Related Questions

Pre Offer- Cannot ask

Post Offer- Can ask

Current Employees- ask if job related and consistent with business necessity.

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Section 504

A recipient of federal funding may not deny persons with disabilities the

opportunity to participate in or benefit from the aid, benefit, or service of any program or activity receiving federal

funding.

Translation: As a federally funded agency, Department of Commerce must make all

services, programs, and activities accessible to employees and citizens

with disabilities.

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Section 508

Requires that Federal agencies electronic and information technology is accessible to people with disabilities, including employees and members of the public.

Translation: Computer programs, web pages, handouts, videos, broadcasts, copy machines, and any other

technology must be accessible.

When Federal agencies develop, procure maintain, or use electronic and information

technology, Federal employees with disabilities have access to and use of

information and data that is comparable to the access and use by Federal employees who are not individuals with disabilities,

unless an undue burden would be imposed on the agency. (36 C.F.R. 1194.1)

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Electronic Accessibility

• Applies to all Federal Agencies• Must ensure that technology is

accessible to employees and members of the public with disabilities to the extent that no “undue burden” exists

• Access board establishes standards

www.access-board.gov/sec508/assessment.htm

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Americans with Disabilities Act Amendments Act 2008 (ADAAA)

RATIONALE FOR AMENDMENT

• In favor of broad coverage to maximize inclusion and entitlement.

• Standards also apply under the Rehabilitation Act.

• Does not demand extensive analysis of whether or not a person is a person with a disability.

• Focus on the need for an accommodation rather than if the person is covered by the law.

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Disabled Individual

An individual who:

• “has a physical or mental impairment that substantially limits one or more of that person’s major life activities”;

• “has a record of such an impairment”;

• “is regarded as having such an impairment”

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Impairment

Physiological Disorder or Condition

Cosmetic Disfigurement

Anatomical loss affecting body system

Mental or Psychological DisorderSpecific Learning DisorderDepression

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Significant LimitationsSignificant Limitations

Unable to perform the major life activity or significantly restricted

•Consider Nature

•Consider Severity

•Consider Duration

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Major Life Activity

Basic activity that the average person in the general population can

perform with little or no difficulty

• Caring for one’s self

• Performing manual tasks

• Walking, talking, seeing, hearing, speaking, sleeping, standing, working, lifting, bending, breathing, speaking, learning, concentrating, thinking, major bodily functions, etc.

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Major Bodily Functions

• Functions of the Immune System• Normal Cell Growth• Digestive• Bowel• Bladder• Neurological • Brain• Respiratory• Circulatory• Endocrine• Reproductive Functions

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Examples of Impairments Consistently Meet the Definition of Disability

Examples:Deafness, blindness, intellectual disability, partially or completely missing limbs, mobility impairments requiring use of a wheelchair, autism, cancer, cerebral palsy, diabetes, epilepsy, HIV/AIDS, multiple sclerosis, muscular dystrophy, major depression, bipolar disorder, post-traumatic stress disorder, obsessive-compulsive disorder, and schizophrenia.

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Qualified Individual

An individual who:

• Satisfies the requisite skills, experiences, education and other job related requirements of the employment position and

• Can perform the essential job functions of the positions with or without a reasonable accommodation

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Reasonable Accommodations

Federal Agencies are required to make reasonable accommodation to the known physical and mental

limitations of an otherwise qualified individual with a

disability unless the agency can show that accommodation would

cause undue hardship or be a direct threat.

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Undue Hardship

• Nature of the Accommodation• Net Cost• Resources of the employer (agency)• Impact on employer’s operation

Consider:

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Direct Threat

Significant risk of substantial harm that cannot be eliminated or reduced by accommodation

Based on medical knowledge orBased on best available

objective

Consider:Duration of riskNature and Severity of harmLikelihood of harm occurringImminence of potential harm

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Reasonable Accommodations

• A request for accommodation often stems from a desire to improve performance or productivity.

• Department of Commerce must track the processing of each request.

• Department of Commerce must report our average time from request to provision of accommodation.

• Ignoring an accommodation request is the same as denying a request, per the EEOC.

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Interactive Process

• Request triggers process

• Begin dialog to request specifics including;• Specific requirements. i.e. type of software, type of

device.

• How accommodation will enable individual to perform the essential functions of the position.

• Medical Documentation.

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Essential Functions

• Purpose and result vs. method of performing.• Actually required to perform.• Consequences on job of removing function.• Percentage of time the job function is performed.• Consequence of not requiring the job function.• Job Descriptions.• Specialized skills need to perform the job

function.

Consider:

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GINA – Genetic Information Nondiscrimination Act of 2008

• Effective November 21, 2009• Definition:

• Genetic information includes information about an individual’s genetic tests and the genetic tests of an individual’s family members, as well as information about any disease, disorder, or condition of an individual’s family members (i.e. an individual’s family medical history). Family medical history is included in the definition of genetic information because it is often used to determine whether someone has an increased risk of getting a disease, disorder, or condition in the future.

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GINA – Genetic Information Nondiscrimination Act of 2008

• Discrimination, Harassment or Retaliation Because of Genetic Information Discrimination

• any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits, or any other term or condition of employment.

• Exceptions• Inadvertant questions• FMLA – questions and process• Public documents

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Emergency Preparedness

“No otherwise qualified individual with a disability in

the U.S. solely by reason of his or her disability shall be

excluded from the participation, or denied the benefits of any program or activity conducted by any

Executive Agency.”

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Program Rules for Success

• Involve PWD in process• Inform Facilities of particular issues• Identify area of rescue assistance• Do not rely on Buddy System• Utilize evacuation chairs• Plan for communication• Practice, Practice, Practice

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Computer/ Electronic Accommodations Program

• Also known an CAP• OSD Office• Established in 1990• Mission

“provide assistive technology and accommodations to ensure people with disabilities have equal access…”

• FY90 – FY10= 91,018 Accommodations

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CAP Process• Needs assessment • Identify solution• Submit request (supervisor notified)• Purchase technology (supervisor notified)• Notify IT representative

Contact CAP

703-681-8813

www.tricare.osd.mil/cap

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Job Accommodation Network

• Also known as JAN• Free advice to managers/ employees• Conduct trainings and briefings

Contact JAN

800- 526-7234

www.jan.wvu.edu

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• Also known an WRP• Department of Labor- Coordinator• Computer Electronic/ Applications

Program (CAP)- Provides Electronic Accommodations at no cost to the Agency/ Activity

Workforce Recruitment Program

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Timeline

Jan. Feb. Mar. Apr. May June July Aug. Sept. Oct. Nov. Dec.

Recruitment Visits to schools

30 minute interviews conducted

DoL sends employers data base composed of student information

Managers/Supervisors interview students for summer intern positions

Volunteer recruiters visit approximately 250 Colleges and Universities

Database is active = March to MarchCan offer permanent positionsUtilize Schedule A appointment authority

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• Housing- non-availability• Transportation- non-

availability• Process- Logistically arduous• Timeliness- Fierce

competition among Agencies, hiring/funding process

Challenges

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• 14 weeks of labor

• Can convert intern to permanent if qualifies for Schedule A without competition

• Ability to mentor and groom an individual for the professional workplace

Advantages

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Step 1:Step 1: When managers have an open position, make contact with the Human Resource Department;

Step 2:Step 2: Discuss with the Human Resources what competencies the ideal candidate should posses, thinking critically about the essential functions of the position;

Step 3:Step 3: Get candidates – Human Resource will be able to produce potential candidates. The number of applicants available will vary greatly,

depending on the level of specialty required by the job.

Step 4:Step 4: Make a selection – The hiring official can now review the resumes and references of qualified, Schedule A eligible applicants, and make a

selection!

Step 5:Step 5: Make an offer – Relay selection to appropriate persons within HR who issue offers on behalf of agency.

Step 6:Step 6: Once an offer has been accepted, a start date may be established to bring the candidate on board.

Schedule A Hiring Authority

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Initiatives

• Disability Awareness and Training• Workforce Recruitment Program• College Recruitment• Reasonable Accommodations

Coordinators (RAC) Committee• Schedule A Hiring Authority

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RAC Contact Information

O/S – Ursula Snead(202)-482-3860

Census – Randy Murbach(301)- 763-6473

NOAA – Linda Tarlow(301) 713-6352

NIST – Kristen Gilbert(301)-975-3001

PTO – Caitlin Riley(571) 272-7012

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Contact Information

Department of Commerce

Laura TrongeSenior Disability Policy Advisor

Office of Civil RightsLtronge@doc.gov

(202) 482-8187 (V) (202) 821-5903 (BB)