Last week I was riding along in my car and listening to WRVA.   They were discussing the final settlement that Virginia was making with the Department of Justice regarding the failure of Virginia to serve individuals with intellectual and developmental disabilities in an integrated setting.

Virginia will end up closing four state facilities by 2020. I was immediately curious about the terms of the settlement and wanted to know more. Being a state employee and working day in and day out to improve the quality of the lives of people with disabilities, I was encouraged by the news. Later in the day I got more news on the specifics of the settlement.   Simply put, it levels the playing field for people with disabilities, which is the overall intent of the Americans with Disabilities Act, and the settlement reflects that.  Community services and support will be made more available statewide to families that have loved ones in need of these programs.

I was glad that other measures were put into place from the settlement:

• 805 home and community based waiver slots to transition individuals from training centers back to the community.
• 2,915 waiver slots for individuals with intellectual disabilities to reduce the urgent waiver wait list that most families now have to deal with.
• 450 new waiver slots for individuals with developmental disabilities.   This,  like the intellectual waiver slots, should help families get access to services without being put onto a waiting list.

Overall,  it looks like the settlement will provide more access to services for Virginia families.  And it certainly sounds like a win for people with disabilities!

Wes Seaton is the Marketing Specialist, Center for Career and Business Development, Commonwealth of Virginia Rehabilitative Services.

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Thomas Bowden, counsel with Sands Anderson, will discuss the evolving landscape of legal decisions, rulings, and settlements addressing website accessibility. Most companies conduct business over the web, and Bowden will review ways they can mitigate their exposure to federal ADA action and private lawsuits based on federal and state laws. He will also discuss technology and assistive solutions.

Bowden has extensive experience in corporate law and holds a BV distinguished rating in the Martindale-Hubbell Peer Review. He is listed in the Virginia Business Magazine’s Legal Elite and the Virginia Super Lawyers directory.

Karen Elliott, counsel at Sands Anderson, will discuss ADA compliance under the new regulations and how courts may be trending back to requiring employees to be disabled from an entire class of jobs. In addition, she will discuss how the broadened definition of disability works with federal initiatives to employ individuals with disabilities.

Elliott is a member of the Business and Professional Litigation practice group and its Employment Law team. She focuses her practice on labor and employment law counseling and trial work.

The Virginia Business Leadership Network is a business-to-business association with a focus on increasing workforce and marketplace diversity through the inclusion of individuals with disabilities. This is the first of the VABLN’s 2012 program series.

Seats for this event are limited. For more information and registration, contact us.

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The gist of the question revolved around making a high school diploma a job requirement.  Is this a requirement that would be in opposition to ADA?

We’re trying to figure out what sort of job would make that a prerequisite.  If you’re applying to be an engineer, an employer might expect some proficiency in math.  If you’re applying to be a garbage collector, an employer might expect you to be able to lift a waste bin.  If you’re applying to be a lion tamer, an employer might expect you to have some experience working with animals.

The response from the EEOC was that “If an employer adopts a high school diploma requirement for a job, and that requirement ‘screens out’ an individual who is unable to graduate because of a learning disability that meets the ADA’s definition of ‘disability’, the employer may not apply the standard unless it can demonstrate that the diploma requirement is job related and consistent with business necessity.”

The ADA act requires that an employer make a ‘reasonable accommodation’ for a candidate to perform a job task.  If a candidate with a learning disability can demonstrate that they can perform a job’s essential function, either with or without a reasonable accommodation, then a requirement of a high school diploma would be exclusionary.  The employer must demonstrate that a diploma is a “business necessity”.

The definition of disability at the EEOC states, “a person may be disabled if he or she has a …mental condition that …limits a major life activity (…such as learning).”  There are clearly many occupations that would be appropriate for an individual meeting this criteria.

The telling thing about the EEOC response is that it was an “informal discussion letter” and should “not constitute an official opinion of the Commission.”  We kind of think that they should have an opinion.  An employer should look first at whether or not a candidate can perform the essential functions of the job.

The piece of paper should be secondary.

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To register, go to www.ssbbartgroup.com/webinars.php

Workplace Accessibility increases productivity, maximizes employee talent while minimizing legal risk and exposure. Successful businesses know that people with disabilities are the second largest minority group in the US. The value of accessing this group includes an expanded talent pool, higher profits, and an increased market share. A team of experts will discuss the importance of workplace accessibility, strategies for insuring productive communication between applicants and employees with disabilities, and effective accessibility practices used by other employers. This workshop provides expert knowledge and guidance, engaging discussion, practical resources, and action planning. The goal is to help those interested in workplace accessibility issues expand their thinking and actions. Participants will leave the session with a better understanding of the broader issues of workplace accessibility, as well as tools to use in making a workplace.

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Tuesday, January 24, 2012
2:00 – 3:30 pm EST
Webcast sponsors: SSB BART Group & ADA National Network

Participant Fee: $45.00

CLICK HERE TO REGISTER NOW!
(Registration Deadline: January 19 by 5:00 pm EST)

DO YOU HAVE FEDERAL CONTRACTS?

• Do you know that on December 9, 2011, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued a Notice of Proposed Rulemaking to strengthen the current affirmative action employment requirements for people with disabilities?
• Do you know that the comment period closes on February 7, 2012 and the final regulations are expected by the end of the year?
• Would you like to learn from the leading disability policy expert about the “what” and “why” major changes were proposed by OFCCP?

ARE YOU PREPARED TO IMPLEMENT THE KEY PROPOSED REQUIREMENTS?

• What are the implications of the new proposed policy requiring contractors to invite a job applicant to voluntarily self-identify as a person with a disability?
• How will you develop a plan to meet the 7% hiring goal?
• How will you document your outreach and recruitment efforts?
• How will you manage the data collection?
• What is involved in the Annual Survey?
• How will this impact your accommodation policies and processes?
• What new information do you need to include in your employee training?

ABOUT THE PRESENTER

• Bobby Silverstein has worked with USBLN on numerous projects and conducted webinars for us.
• Bobby Silverstein is an attorney with over 35 years experience working in the field of disability policy. Currently, Bobby is a principal in the law firm of Powers Pyles Sutter & Verville, PC.
• Bobby is the also the former staff director and chief counsel for the Subcommittee on Disability Policy of the Senate Committee on Labor and Human Resources where he was the behind-the-scenes architect of more than 20 bills enacted into law, including the landmark Americans with Disabilities Act and amendments to Section 503 of the Rehabilitation Act.
• Bobby is a leading legal and policy expert on Section 503 and has conducted extensive research focused on identifying “best practices” for recruiting, hiring, retaining, and advancing in employment qualified persons with disabilities.

QUESTIONS?
Contact Maggie Roffee, Senior Corporate Relations Manager, USBLN at maggieroffee@msn.com.

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I have spent a long time pondering 2011 and all the lessons and opportunities that I encountered during the past year. I ask myself how I can take those lessons and use them to improve the lives of people with disabilities. As a diehard technologist, I believe that social media can expand our voices. I also believe that social media can be used to help people with disabilities around the globe find their place in the world.

The time has come for people with disabilities to find their voices. Let’s use social media to be heard and to help others be heard. We can change the lives of billions of people by including people with disabilities in all aspects of society. We need to help change the mind set that having a disability is a bad thing or something to be ashamed of.

Instead of it being a bad thing let’s celebrate our differences and allow people with disabilities to be seen as whole and not broken. During a recent speaking engagement a young man asked me if he should disclose his disability to an employer. I have been asked this question a thousand times and it breaks my heart each time. What I hear is a young man saying that he is afraid to be honest about who he is because an employer might judge him negatively. In many cases that may be true and it is a failure of our society on so many levels. We need to allow people to be proud of every aspect that makes them different, and encourage them to celebrate their differences and special abilities.

A few years ago, my daughter was sitting at the table with my husband and I was nearby. She said, “Dad, Mom is doing it again.” My husband said, “What is Mom doing?” Sara quickly responded, “She is telling people that I have Down syndrome.” It brought tears to my eyes, and I jumped up and said, “Sara, you have brown hair, hazel eyes, a great smile and Down syndrome. Never be embarrassed about the way God made you.” We talked about it for a long time and she told me she was not embarrassed but sometimes did not understand why I talked about it all the time. I told her that this was our path – to help people understand why people like her add value to the world. Sara has spoken for global audiences many times since that conversation and she firmly believes the world is a better place because she is a part of it.

We are all different but at the same time we have so many similarities. As I travel all over the world that point becomes more and more clear to me. I believe that families across the globe want the best for their family members with disabilities. I have had the fortune to meet parents of children with disabilities in Qatar, Oman, Pakistan, Africa, Australia, New Zealand, Germany, Costa Rica, Canada, Mexico, Brazil, Ecuador, Ireland, India, England, Russia, China, Singapore, Thailand and all over the United States. Without exception these families wanted their family members with disabilities to have opportunities and have the resources to meet their goals, follow their passions and have their dreams come true.

I have also had the pleasure to meet talented people with disabilities all over the world. I believe that something amazing is happening. People with disabilities and the people that love them are finding their voices. Social media tools like Facebook, Twitter, YouTube, Four Square, Tumblr and BlogSpot are wonderful ways for people with disabilities to find their voices. Other countries are using tools like Renren, Youku.com and Sina Weibo in China, and Bebo in the UK – opening new opportunities for people with disabilities to have a voice.

I believe there is a trend to move away from the charity based model of, “let’s help those poor people with disabilities,” and instead we are witnessing a movement toward a model of empowerment. A more robust and promising model where everyone is included because society benefits when everyone participates to the best of their abilities. Plus, we all benefit when people that think differently work together to improve the world and solve societal problems.

Let’s look at the problems that exist globally with inclusion and put our minds and hearts together and solve these issues. Work to include people with disabilities in technology, internet, communications, education, employment, transportation, travel, housing and every other aspect of society. As you hear about success stories, share them across your networks.

Find your voice and help others in the community find their voices as well. Let’s celebrate and embrace our differences and let our voices be heard – blog, write articles, tweet your thoughts and share interesting articles. Follow other thought leaders and become a thought leader in your own right. Look for opportunities to mentor people with disabilities around the world.

Please join me in giving people with disabilities a solid and positive voice in 2012.

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“Website Accessibility and ADA Compliance under the New Regulations”

with guest speakers Thomas L. Bowden, Sr. and Karen S. Elliott, Counsels at Sands Anderson

Thursday, February 9, 2012
8:30am – 10:30am
Altria Headquarters
6601 West Broad Street
Richmond, VA

Our guest speakers will share information about website accessibility and the new ADA compliance laws in hiring.

Light refreshments will be provided.

Event cost is $25 and HRCI credits have been applied for.

Please RSVP by February 7th.

Download the program flyer (.doc)

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When people of color wanted equal rights and treatment under the law the Affirmative Action movement brought around the Civil Rights Act.

The Americans with Disabilities Act forbids discrimination against people with disabilities but it does not set a measurable goal.  Is it time to put a number on paper?

President Obama has proposed a rule  that would require federal contractors to do just that.   Through the Department of Labor, he has suggested a goal of 7% of their work force.

The Labor Department points to the disparity  between people with and without a disability and their involvement in the labor pool.  The unemployment rate for people with a disability is around 13%, or 1 ½ times the rate for people without a disability.  Even more shocking is the data from the Bureau of Labor and Statistics, which shows that 30.5% of people without a disability are outside of the labor force altogether, not looking for jobs, compared to a staggering 79.2% of people with disabilities.

The Civil Rights Act was signed in 1964.  It prohibited discrimination based on race, religion, sex, national origin, and other characteristics.  There are volumes and volumes of definitions that explain the reasoning and the intent of the law.  It wasn’t until the Americans with Disabilities Act of 1990 that people with disabilities were truly offered the same protections.

When President George H.W. Bush signed the law, he said, “We’ve all been determined to ensure that it gives flexibility, particularly in terms of the timetable of implementation; and we’ve been committed to containing the costs that may be incurred…”  There are currently no real rules on employers, only that they show “good faith” efforts to include people with disabilities in their recruiting and hiring programs.  30 years would seem to say that we’ve been flexible about the timetable, and the current statistics would seem to point at a very low cost to employers.

Bear in mind that the ADA was a clarification of the Rehabilitation Act of 1973.  It took us 20 years for President Bush 41 to put the icing on that cake.  Will it take until 2032 for people with disabilities to achieve employment equality?

It would seem that this proposed rule is a kickstart.   It starts with the roughly 200,000 businesses that do over $700 billion worth of contract work with the Federal Government.  This would then create a ripple effect and model for state and private businesses.  Providing specific goals would create a measurable accountability, and according to Patricia Shiu,  Director of Federal Contract Compliance Programs for the Department of Labor, “What gets measured gets done.”

The final number is open to debate.  It could be as high as 13%, or as low as 4%.  7% would be a nice start.  The debate could derail the entire proposal and we could end up with nothing.  Some in Congress are pushing the “Regulations From the Executive in Need of Scrutiny Act”, which would give the majority party of either chamber the power of a veto.  In reality, if a Democrat proclaimed the sky to be blue, someone on the other side would vote for red, and vice-versa.

Deputy Secretary of Labor Seth Harris would seem to state the obvious:  This proposal is a long time coming to finally put some teeth to existing regulations.  It may go a long way towards “assuring that people with disabilities have an opportunity to succeed in the workplace.”  All we ask is the opportunity.

Without a number, how do we measure its success?

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The November Unemployment Rate dropped to 8.6%.  While that number is down, it still represents 13 ½ million people.  The number of individuals with a disability who are unemployed was 13%, and that’s still a substantial gap from non-disabled workers.

With so many people unemployed, and so many skilled workers looking for jobs, can you imagine the pressure on someone coming out of school that may be entering the job market?  Combine that with the added pressure of being a fresh job seeker with a disability.

Susan Lang is the CEO of Lime Connect.  Lime Connect is a not for profit corporation that links students with disabilities to internship opportunities with some of the world’s leading corporations.  Some of their partners are Target, PepsiCo, Merrill Lynch, and Google.  Perhaps you’ve heard of them.

Lang points out that 90% of “all disabilities on campus are invisible”.  They include learning disabilities, medical conditions, and Asperger’s Syndrome.  A student applying for or interviewing for an internship or job could be intimidated by the process and fear the disclosure of a disability.  She cites government statistics and industry studies that show that of the over 2.5 million students who report a disability, only about 30% of them go through a standard recruiting process.  The rest are underemployed or opt for safer environments like family businesses or merely stay in school.

The fact of the matter is that you wouldn’t list a disability on a resume.  You either have the necessary skills or you don’t.  One graduate was asked if his blindness would allow him to perform the job.  He replied, “You saw the resume. You called me. You didn’t know I was blind until I showed up.”

Lime Connect is looking to Re-Brand disability.  They feel that employers historically have seen disability hiring as something “good to do”.  Individuals with disabilities attend schools like Princeton, Duke, and Georgetown.  They are quality candidates.  The team at Lime Connect sees a disability as a characteristic, not a definition.

They are also not a “Job Guarantee Service”.  Lime Connect creates opportunities.  They take bright, qualified candidates and put them in front of businesses that need bright, qualified candidates.  The candidates then get the opportunity to learn, make connections, and become contributing partners.  The positions often lead to further employment.  They also help to break the brand.

The clients of Lime Connect are students first, job seekers second, and individuals with disabilities last.

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