Law, Health Policy & Disability Center
University of Iowa College of Law
and
The Burton Blatt Institute
Syracuse University
One-Stop Toolkit
Resources of the Week Technical Assistance Project E-Mail listserv
31 March 2006
Good morning everyone and Happy Spring, ![[ Spring flower graphic, has bulb kind of like a tulip and a leaf on the right ]](downloads/flower.gif)
Below please find the website and publication of the week, as well as other resources that we hope will be useful as you work on systems change activities to help improve employment opportunities for persons with disabilities.
To subscribe and / or view past resources of the week
archives, access: www.onestoptoolkit.org
and click on the link to "Resources of the Week"
on the
right hand side of the home page.
To view an indexed list of the resources of the week by subject matter, visit the LPHDC website at http://disability.law.uiowa.edu/lhpdc/resources/wig/default.asp. It currently includes 20 categories, covering over 300 annotated references. Each category opens to a new window with each Resource of the Week which covered material in that area.
Have a good day and weekend!
Laura Farah
Program Associate
Law, Health Policy & Disability Center
University of Iowa College of Law
P: 617-489-0086
F: 617-489-1374
[ E-mail laura-farah@uiowa.edu ]
[ E-mail LFarah8@aol.com ]
[ http://disability.law.uiowa.edu/dpn/ ]
[ http://www.onestoptoolkit.org ]
[The full announcement is located under the section heading "Publications of the Week."]
This is an excellent article for Navigators to pass on to their Local Workforce Investment Boards, One-Stop youth service practitioners, and regional school systems. The brief points out that the U.S. Census has estimated that up to one in eight youth have a disability (some hidden or undiagnosed), it is important for youth service practitioners to be prepared to work effectively with all youth. The brief goes on to explain how crucial it is for the workforce development system to strengthen its capacity to provide effective training and preparation for young people both with and without disabilities to enable them to succeed in the labor market. However, little or no agreement exists about what types of skills front line workers need in order to provide support to the most vulnerable youth in the country. The statistics below provided in the article show how success in today's workforce development system requires that all staff: have some familiarity with the field of disability; have knowledge of adolescent development; follow appropriate youth employment and disabilities laws; communicate with, motivate, engage, accurately assess and place youth; connect to employers, communities, and families; and complete all the paperwork required in their jobs.
Recommendations are provided in the brief on building and maintaining an effective workforce development system through establishing a key component of professional development for youth service practitioners. As part of the Knowledge, Skills, and Abilities Initiative, the National Collaborative on Workforce and Disability for Youth (NCWD/Youth) has begun to look at what practitioners from across these three fields need to know to work effectively together on behalf of youth. In addition, a five-step plan for policymakers interested in supporting the professional development of youth service practitioners in their local areas is provided which focuses on the following:
The new disability process is the result of a collaborative effort that began during a discussion Commissioner Barnhart had with President Bush early in her term. Access the URL to read more about this process and access the Final Rule.
[The following is excerpted from a message from Jo Anne
B. Barnhart, Commissioner of Social Security, regarding the
new Disability Service Improvement. To read the
Commissioner's full statement, access:
http://www.socialsecurity.gov/disability-new-approach/message1.htm.]
"For years, disability applicants, their families, advocates, and state and federal employees have done their very best in an outdated disability system with ever growing backlogs, processing problems and lengthy time delays in decisions. I'm proud to say that with the issuance of our final rule on Disability Service Improvement (DSI), we are taking another significant step forward in providing the quality service that the American public expects and deserves from our disability programs. As you may know, since the program's inception the number of disability beneficiaries has grown significantly. In January 2005, nearly eight million disabled workers and their dependents received benefits from Social Security. That is double the number of disability beneficiaries served in 1985. And almost six million disabled adults and children received Supplemental Security Income or SSI disability payments last year - an increase of 130 percent over 20 years ago.
Recognizing these challenges and others, I made a commitment to look at issues related to the disability determination process…Consequently, the new disability process is the result of a collaborative effort that began during a discussion between President Bush and me at the start of my tenure and ultimately included hundreds of meetings with interested groups and individuals…I believe that the changes in the final rule will result in substantial improvements that will enable claimants to receive more accurate, consistent, timely and fair decisions. I also believe that this rule ensures a decision-making process that is consistent with due process and provides claimants a meaningful opportunity to be heard.
In the summer of 2006, we plan to begin implementation in the Boston Region. This is one of our smaller regions and is comprised of the six states of Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont."
According to the Disability Service Improvement website, the final rule provides for:
Allen Jensen and Robert "Bobby" Silverstein recently proposed policies for improving SSDI work incentives (e.g., addressing the cash cliff). Policies for updating and improving SSI and Medicaid work incentives are also proposed. These proposals are the product of a research project funded by the Social Security Administration (SSA) through a sub-award from the Disability Research Institute (DRI) at the University of Illinois at Urbana-Champaign. Additional funding was provided by the Robert Wood Johnson Foundation.
The policy proposals developed by the project team (referred to as the Gradual Reduction Choice Option and Related Policy Proposals) recognize the heterogeneous nature of the SSDI disability population and the many variables impacting the ability of persons with severe disabilities to sustain a substantial level of earnings over a significant period of time. The policy proposals are designed to enhance the quality of life and financial independence of SSDI and SSI beneficiaries and at the same time facilitate net long-range cost savings (or at least not result in additional costs) to the Social Security Trust Fund, the U.S. Treasury, and the states.
In a nutshell, the proposals provide SSDI beneficiaries with an informed choice (which entails tradeoffs) between current SSDI policy (which includes the cash cliff) and an alternative, which includes a $1 for $2 gradual reduction in benefits after an initial earned income disregard of one-half of the dollar value of the monthly Substantial Gainful Activity (SGA) level and continued attachment to the SSDI program when benefits are reduced to zero as long as the individual's severe impairments continue. The proposals also encourage work for both the SSDI and SSI populations by making the programs' work incentives similar and thus easier to understand and utilize. In addition, the project team suggests related policies for enhancing SSI, Section 1619, and Medicaid work incentives. Finally, the project team developed a framework for conducting cost estimates of an SSDI policy which entails a $1 for $2 gradual reduction of benefits as earnings increase.
The expanding scope and critical need for workforce information and economic analysis is key to developing and maintaining a competitive workforce. States and regional economic areas are working to leverage assets, address challenges, and create talent development strategies. Effectively developing, accessing, and analyzing the wide array of data necessary to accomplish this in a globally competitive environment requires new strategies and methodologies and a transformation within the workforce investment system about how we see our role in collaboration with other strategic partners.
This Webinar will present updated information on one of the key sources of national and state occupational employment projections. The Bureau of Labor Statistics (BLS) will present details on the national Occupational Outlook 2004 - 2014, released in December, 2005. The release of BLS's national employment projections will be followed by state-level and metro-level employment projections developed by each state, which provide information critical to state and local workforce system planning. The Webinar presentation will describe the four analysis phases in the development of projections, including:
REGISTRATION: Registration for this Webinar is limited and seating is on a first-come, first-served basis. Access the URL to login to Workforce3 One and register. Note, you must be logged in to sign-up for a Webinar. You can sign up by accessing the website and scrolling to the link at the bottom of the page that reads: Don't have a login? Register now!
Note: The Webinar requires the Flash 7 player available at http://www.macromedia.com/shockwave/download/download.cgi?P1_Prod_Version=ShockwaveFlash.
Every year, the Community Transportation Association's EXPO features the types of classes and training that so many of you find invaluable to yourself and your operations. These pre-conference intensives, professional development sessions, and networking events are the reason why so many of you return year after year - because we're always developing new, timely topics to reflect the changes in our field.
However, EXPO also plays host to special conferences every year. These in-depth, multi-day events focus on the most pressing issues in community and public transportation today. With important speakers, vital information, and Q & A sessions, attending these special conferences has always been an experience unavailable anywhere else.
This year, EXPO 2006 Orlando is holding TWO special conferences! We hope you'll take a minute to learn about each one.
Mobility has always played an important role in the overall health of a community. Accessible, affordable transportation has become vital considering the demographic trends affecting the delivery of healthcare in our country. This includes the rising diagnoses of chronic diseases in people of all ages, the growing population of low-income and uninsured children and families, and the aging population. At this important national conference, experts in health care administration and policy and the transportation network come together to discuss emerging trends, overcome challenges and develop solutions.
With its increased investment, coordination provisions and the New Freedom program, the Safe, Affordable, Flexible and Efficient Transportation Equity Act: A Legacy for Users, popularly known as SAFETEA-LU, provides landmark opportunities to expand transportation options for people with disabilities and others in rural America. Greater access means greater freedom to reach more destinations vital to quality of life.
This year's Community Transportation EXPO is expected to draw more attendees than ever. Participants will learn about public and paratransit transportation and will be able to attend breakout and plenary sessions to learn about services needed for public transportation with a specific focus on the Florida coordinated program.
Access the URL for more information on any of these conferences, hotel details, or to register for EXPO.
[Excerpted from the Introduction.]
The Americans with Disabilities Act (ADA) is a federal law that prohibits discrimination against individuals with disabilities. Title I of the ADA covers employment by private employers with 15 or more employees as well as state and local government employers of the same size. Section 501 of the Rehabilitation Act provides the same protections for federal employees and applicants for federal employment. In addition, most states have their own laws prohibiting employment discrimination on the basis of disability. Some of these state laws may apply to smaller employers and provide protections in addition to those available under the ADA.
The U.S. Equal Employment Opportunity Commission (EEOC) enforces the employment provisions of the ADA. This document explains how the ADA might apply to job applicants and employees with epilepsy. Topics discussed include:
[Excerpted from the Fact Sheet.]
Many employers have discovered the benefits of allowing employees to work at home through telework (also known as telecommuting) programs. Telework has allowed employers to attract and retain valuable workers by boosting employee morale and productivity. Technological advancements have also helped increase telework options. President George W. Bush's New Freedom Initiative emphasizes the important role telework can have for expanding employment opportunities for persons with disabilities.
In its 1999 Enforcement Guidance on Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act (revised October 17, 2002), the Equal Employment Opportunity Commission said that allowing an individual with a disability to work at home may be a form of reasonable accommodation. The Americans with Disabilities Act (ADA) requires employers with 15 or more employees to provide reasonable accommodation for qualified applicants and employees with disabilities. Reasonable accommodation is any change in the work environment or in the way things are customarily done that enables an individual with a disability to apply for a job, perform a job, or gain equal access to the benefits and privileges of a job. The ADA does not require an employer to provide a specific accommodation if it causes undue hardship, i.e., significant difficulty or expense.
Not all persons with disabilities need - or want - to work at home. And not all jobs can be performed at home. But, allowing an employee to work at home may be a reasonable accommodation where the person's disability prevents successfully performing the job on-site and the job, or parts of the job, can be performed at home without causing significant difficulty or expense. This fact sheet explains the ways that employers may use existing telework programs or allow an individual to work at home as a reasonable accommodation.
[The following information and resources are in response to a question that the Society for Human Resource Management (SHRM) Information received to a query on the Americans with Disabilities Act (ADA) and drug addiction and alcohol abuse. Since this is a member only feature, the query and resources are listed below in its entirety.]
While an alcoholic is protected by the Americans with Disabilities Act (ADA) as having a disability, a drug addict is protected as having a disability only if he or she is receiving or has successfully completed recovery treatment and is not a current user. But, in both cases, the protections against discrimination for recovering drug addicts and for alcoholics are limited.
NCLD - Youth is a youth-led resource, information, and training center for youth and emerging leaders with developmental disabilities, housed at the Institute for Educational Leadership and funded by the Administration on Developmental Disabilities. The project is led by the next generation of young leaders with disabilities for the next generation of young leaders with disabilities -- taking a positive development approach to working with the next generation of disability community leaders, and developing materials to better prepare them for the transition to adulthood, and leadership.
Employment is the economic engine of our nation, our communities and our families. For people with disabilities, employment promotes greater independence and productive, fulfilling lives. This section of Disabilityinfo.gov covers a variety of topics related to employment of people with disabilities: advice for individuals with disabilities seeking work; help for employers looking for hard-working and dedicated employees; information on employment rights, laws and regulations; resources for employment programs and job accommodations for people with disabilities.
The following categories are listed along the left-hand side of this page, which you can access for more information on this topic. Note, many of these categories include subcategories.
On the right hand side of the page, under "Employment Highlights," you can access links to:
Disabilityinfo.gov is a comprehensive online resource designed to provide people with disabilities with the information they need to know quickly and easily. With just a few clicks, the site provides access to disability-related information and programs available across the government on numerous subjects, including civil rights, community life, education, employment, housing, health, income support, technology and transportation. Each subject area is laid out similar to the Employment section.
The National Direct Service Workforce Resource Center was created by the Centers for Medicare and Medicaid Services to respond to the large and growing shortage of workers who provide direct care and personal assistance to individuals who need long term supports and services in the United States. The Direct Service Workforce Resource Center strives to support the successful implementation of efforts to improve recruitment and retention of direct support professionals who assist people with disabilities and older adults to live independently and with dignity in the community. This includes direct support professionals, personal care attendants, personal assistance providers, home care aides, home health aides and others.
The Resource Center Offers
Any state or local government, not-for-profit organization, employer or professional in the field can access the Center's resources and expert advice through the website or toll-free telephone number.
This information brief identifies the benefits to the workforce development system, youth, and the community gained through the professional development of youth service practitioners. In addition, a five-step plan for policymakers interested in supporting the professional development of youth service practitioners in their local areas is provided which focuses on the following:
The information brief is part of the NCWD/Youth's Knowledge, Skills, and Abilities (KSA) Initiative, which is looking at what practitioners from across the youth development, education, and workforce development fields need to know to work effectively together on behalf of youth. The KSAs are the knowledge, skills, and abilities, practitioners need to work successfully with all youth in the workforce development arena. The KSAs are organized into ten competency areas which were derived from a review of over 70 initiatives from the fields of youth development, workforce development, education, and disabilities. More information on the KSAs can be found at http://www.ncwd-youth.info/resources_&_Publications/hot_Topics/KSA.
On Monday, March 13, the K-mart Corporation agreed to pay $13 million to settle a class-action lawsuit accusing the retailer of ignoring federal regulations that govern access for customers with disabilities. K-mart also agreed to spend $70 million in the next eight years to bring stores into compliance with federal standards for merchandise placement, counters, restrooms, fitting rooms and parking lots.
A federal jury has ruled in favor of the U.S. Equal Employment Opportunity Commission in a suit against the Federal Express Corporation, for failure to accommodate a profoundly deaf employee. The suit charged Federal Express with failing to provide American Sign Language interpreters to Ronald Lockhart, a profoundly deaf employee who worked as a package handler at the company's Baltimore Ramp. The jury in this case found FedEx liable for punitive damages in the amount of $100,000, as well as compensatory damages of $8,000 for the loss of the accommodation itself.