VA Plan for Increasing Employment of

People with Disabilities

Christy ComptonVA Disability Program Manager

Office of Diversity and Inclusion Office of Human Resources and Administration

OverviewParticipants will obtain information on:

• Laws and regulations that apply to people with disabilities.

• New OPM Guidance, based on the Executive Order

• VA Goals and Plans

• Barriers and Issues

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Rehabilitation Act of 1973, as amended

“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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Americans with Disabilities Act

• The Americans with Disabilities Act (ADA) has several sections. Title I covers employment and originally covered only state and local governments and the private sector.

• It requires employers to provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment-related opportunities available to others.

• The Rehabilitation Act was amended in 1992 to include coverage under Title I of the ADA.

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Section 501 of the Rehabilitation Act

• Prohibits discrimination based on disability and against those perceived or regarded as having a disability.

• Therefore, even if an individual does not have a disability as defined by the Rehabilitation Act, if the individual is treated differently because s/he is thought to have a disability, discrimination may have occurred.

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Section 501, continuedRequires agencies to provide reasonable

accommodation to applicants and employees with a known disability.

A disability covered by the Rehabilitation Act is any physical or mental impairment that substantially limits the individual’s ability to perform one or more major life activity.

Substantial limitations include significant restrictions in the ability to perform the activity.

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Section 501, continued• Major life activities are basic activities that the

average person in the general population can perform with little or no difficulty, including, but not limited to: walking, lifting, sitting, seeing, hearing, etc.

• Requires agencies to create an affirmative action plan for employment of individuals with disabilities.

• The affirmative action plan must provide sufficient assurances, procedures, and commitments to provide adequate hiring, placement, and advancement opportunities for individuals with disabilities.

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Section 504 of the Rehab Act

Requires that all programs or activities funded or conducted by the Federal government be accessible to qualified individuals with disabilities (the public as well as employees).

Thus, agencies must ensure that programs and activities for employees and the public are fully accessible.

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Section 508 of the Rehab Act

Requires that electronic and information technology used in Federal agencies be accessible to individuals with disabilities.

Examples: Computer programs, including electronic Learning Management System modules; web pages; electronic forms; telephones; videos, including video-conferences; broadcasts; streaming media; copy/fax machines; and any other technology must be accessible.

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Executive Order 13548

Requires agencies to:

• Increase employment of individuals with disabilities, especially those with targeted disabilities.

• Train HR and hiring managers on this issue.

• Increase retention of employees with disabilities

• Increase return to work of employees injured on the job.

Targeted Disabilities

• Blindness

• Deafness

• Missing Extremities

• Partial Paralysis

• Complete Paralysis

• Epilepsy

• Severe intellectual disability

• Psychiatric disability

• Dwarfism

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The targeted disabilities were established by EEOC and recently updated by OPM (July 2010). These disabilities were chosen because of chronically high unemployment rates.

OPM Instructions forExecutive Order 13548

Requires agencies to:

• Improve efforts to recruit, hire, and retain individuals with disabilities, especially those with targeted disabilities.

• Set goals for hiring, promoting, developing, and retaining these individuals.

• Make special efforts to retain employees who are injured on the job.

• Ensure that job qualification standards do not create unnecessary barriers to individuals with disabilities.

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VA’s Goals• Increase recruitment and hiring of individuals with

disabilities, especially those with targeted disabilities.

• Increase retention and development of employees with disabilities.

• Implement mandatory training on hiring and retention of individuals with disabilities.

• Increase return to work outcomes for injured employees and individuals with disabilities.

• Ensure management accountability for meeting the hiring goals.

New Hiring Initiatives• Recruitment and hiring plans will target all grade

levels and occupations.

• Increased use of the Schedule A appointment authority.

• All job announcements invite people with disabilities to apply, explain the Schedule A option, and that we provide accommodation.

• Create appropriate and clear job announcements, with clear but limited physical requirements and/or medical standards.

• Review and revise all job announcements14

Development and Retention• Increase participation of employees with disabilities

in training and mentoring programs, internships and fellowships, and set aside slots.

• Track participation rates by disability status.

• Monitor terminations of employees with disabilities and report quarterly.

• Create process for LRAC to review proposed terminations for disability accommodation options.

• Increase the use of Schedule A for promotions.

• Create an electronic system for reassignments.15

Implement Mandatory Training

• Train managers on all aspects of the disability program: laws, guidance, goals, Schedule A, the reasonable accommodation process, etc.

• Train HR on the laws, guidance, goals, Schedule A, the reasonable accommodation process, etc.

• Obtain funding for LMS modules.

• Issue reminders via various information venues.

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Increase Return to Work Outcomes• Continue to collect data and share Monthly

Performance report with top leadership.

• Break down data by organization/facility.

• Identify ways to blend OWCP and accommodations when necessary.

• Train staff through various formats (conference calls, newsletters, LiveMeetings, classroom instruction, etc.)

• Collect and share best practices; encourage facilities to report their success in returning employees to work.

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Ensure Management Accountability• John U. Sepulveda, Assistant Secretary for HR

and Administration, is the designated official for the disability program VA-wide.

• Each Administration has appointed an SES level official.

• Quarterly updates will be provided to the Secretary and senior leadership.

• The goal for hiring individuals with targeted disabilities is part of the EEO element in the performance plan of SES level officials.

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Accountability, continued• ODI and Occupational Health (OH) are working

together to ensure that job offers are not withdrawn before accommodations are considered.

• HR will inform OH of the essential functions/physical requirements of the position.

• Fitness for duty examinations will include consideration of reasonable accommodation.

• VA will increase accessibility of programs and facilities.

• VA will establish a Council of employees with disabilities and seek their feedback.

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VA Program Barriers• Lack of a corporate system for recruiting qualified

applicants with disabilities, especially those with targeted disabilities.

• HR staff not utilizing Schedule A to hire non-competitively.

• Lack of knowledge on the legal requirement to provide reasonable accommodation and/or the process.

• Fitness for duty exams conducted in lieu of providing reasonable accommodation.

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VA Program Barriers• Reluctance to allow Tele-work, flexi-time, or other

accommodation.

• Job announcements that do not specify the physical requirements. (Candidates do not pass the pre-employment physical.)

• Job offers being withdrawn without considering possible accommodations.

• Lack of knowledge on the Centralized Fund.

• High complaint rates and termination/separation rates reveal “bumps” in VA’s efforts to create a welcoming work environment.

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EEO Complaints

• In FY 2008, 24% of informal complaints were based on disability.

• In FY 2009, 18% of informal complaints were based on disability.

• In FY 2010, 25% of informal complaints were based on disability.

• In FY 2010, 25% of formal complaints were based on disability.

• Compared to the on board rate of employees with disabilities, the rate of complaints is still too high.

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EEOC Reports Participation Rate Annually for Targeted Disabilities

• In FY 2000, VA had 1.8% employees with targeted disabilities.

• In FY 2010, the ratio was 1.55%

VBA 2.27%

NCA 1.65%

VACO 1.51%

VHA 1.49%

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Contact Information

Christy Compton VA Disability Program Manager Outreach and Retention DivisionOffice of Diversity & Inclusion

christy.compton@va.gov (202) 461-4131

VA’s Disability Program web sitehttp://www.diversity.hr.va.gov/disabilities.htm