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Independent Living News & Policy from the National Council on Independent Living

Employment & Social Security

Join Our Partner, The LEAD Center for A Webinar – Rising to the Occasion: ADA, Olmstead and State Efforts to Promote Integrated Employment of Individuals with Significant Disabilities

LEAD Center Logo - www.leadcenter.orgOne of the most historic legal decisions affecting the civil rights of people with disabilities celebrated its 15th anniversary on June 22nd. In 1999, the U.S. Supreme Court rendered the landmark decision in the Olmstead v. L.C. case, requiring states to eliminate the segregation of people with disabilities and ensure people with disabilities receive services in the most integrated setting appropriate to their needs.

The groundbreaking decision has not only helped plaintiff Lois Curtis of Georgia and thousands of people with disabilities leave institutions and live in the community, but also continues to be applied beyond community living to employment and other services and supports.  The recent settlement between the U.S. Department of Justice and the state of Rhode Island cited a violation of the Americans with Disabilities Act (ADA) and Olmstead in the segregation of people with disabilities through the state’s reliance on sheltered workshops and facility-based day programs.

To celebrate this landmark decision and reflect on the past, present and future of Olmstead, the U.S. Department of Labor’s Office of Disability Employment Policy, in coordination with the LEAD Center, will present “Rising to the Occasion: ADA, Olmstead and State Efforts to Promote Integrated Employment of Individuals with Significant Disabilities” on July 16, 2014 from 3:00 – 4:30 p.m. EDT.  [Read more…]

Join Our Partner, the LEAD Center, for a Webinar on Medicaid Managed Care and Its Implications on Employment Services

As states continue to transition their Medicaid systems into managed care models, numerous opportunities and risks to Medicaid-financed employment services have emerged. Join the LEAD Center tomorrow for a webinar that will provide an overview of Medicaid Managed Care and its potential implications on employment services, both positive and negative, as well as discussing how stakeholders can influence the process.

Speakers:

  • Ari Ne’eman, President, Autistic Self Advocacy Network
  • Samantha Crane, Director of Public Policy, Autistic Self Advocacy Network
  • Mary Sowers, Director of Special Projects, National Association of State Directors of Developmental Disabilities Services

Target Audience:

  • Workforce development professionals, policy makers, individuals with disabilities, and related stakeholders.

Please note: This webinar will be captioned and a link to download the presentation will be sent to registrants prior to the webinar. To request any other reasonable accommodations, please contact Brittany Taylor at [email protected].

CareerACCESS: Frequently Asked Questions

Do you have questions about how CareerACCESS would work? Here are some answers from NCIL, WID, and PolicyWorks volunteers and interns.

Why CareerACCESS? Aren’t there enough services for youth with disabilities?

The number of youth with significant disabilities who build good careers remains far below that of their peers who do not have a disability. Government spends large sums assisting youth with disabilities find employment. Many of these programs are silo-ed, complicated, and poorly understood by youth and their families.

CareerACCESS would be piloted in a few states to test its features and services. CareerACCESS will combine employment support services with more straightforward work rules than the ones used in the current Supplemental Security Income (SSI) program. Combining and integrating vocational services with financial incentives has proven successful in some welfare to work projects. Combining these provisions is seen as essential for improving economic equity for this population. Youth with disabilities who enroll in CareerACCESS will be required to explore career options and develop a personal plan to achieve their goals. The CareerACCESS initiative provides youth up to age 30 with life coaching, benefit/asset building counseling, and employment support services, while maintaining SSI cash benefits, health care, and encouraging asset building.

What’s the next big step for CareerACCESS?

The group working on CareerACCESS is seeking public funding for a CareerACCESS feasibility study that can develop the services, features, and costs for the pilot projects. This disability community group is from the World Institute on Disability (WID), PolicyWorks, and the National Council on Independent Living (NCIL). The group meets regularly with invited experts in these fields who provide guidance and input. You can help too!

How do people qualify for SSI now?

The current SSI application and eligibility rules are complex. There are volumes of information that experts must understand to properly advise people regarding these rules. If you are 18 or older and apply for SSI today, it is necessary to:

  1. Prove that you are incapable of working by showing that your earnings are less than $1070 per month, a figure called Substantial Gainful Activity (SGA) by Social Security.
  2. Prove that you have one or more disabilities that are included in what Social Security calls the Blue Book, or Listing of Impairments
  3. Prove that your assets do not exceed $2000 ($3000 for a couple)

How will a youth qualify for CareerACCESS?

As soon as a CareerACCESS pilot starts in a state, all SSI participants in that state who are between the ages of 18 and 28 [See Footnote 1] will automatically be eligible for CareerACCESS.

In states piloting CareerACCESS, people who are applying for SSI who are between the ages of 18 and 28 will still need to meet rules similar to the current SSI rules, except the applicant will not be required to prove they are incapable of working.

To remain on CareerACCESS, participants must annually show they are between the ages of 18 and 30, prove that they still have one or more disabilities that are included in the Social Security Blue Book, and prove that their income is less than the maximum annual earnings limit in SSI’s 1619 (a) and (b) rules.  [Read more…]

EEOC Seeks Public Input on Regulations Requiring Federal Agencies to be “Model Employers” of Individuals with Disabilities

Source: EEOC

The U.S. Equal Employment Opportunity Commission (EEOC) announced today that it is inviting public input on potential revisions to the regulations implementing Section 501 of the Rehabilitation Act of 1973, a law that governs employment of individuals with disabilities by the federal government.

Current Section 501 regulations prohibit employment discrimination based on disability and explain the standards for determining whether discrimination has occurred. The regulations also impose a separate obligation on federal agencies to be “model employers” of individuals with disabilities, but do not explain what federal agencies must do to comply with this obligation.

The Commission is proposing to revise its regulations to include a more detailed explanation of the model employer obligation. Before it publishes a proposed regulation, however, the Commission is issuing an Advance Notice of Proposed Rulemaking (ANPRM) that seeks comments from members of the public on what the amended regulations should say.

The EEOC welcomes input from federal agencies, individuals, employers, advocacy groups, agency stakeholders, and other interested parties. The Commission is specifically seeking answers to seven questions listed in the announcement, such as what barriers exist to the hiring, retention, and advancement of individuals with disabilities in the federal government, what regulatory requirements could eliminate these barriers, and whether numerical goals should be established for the employment of people with disabilities by the federal government. The ANPRM is now available on the Federal Register website. Responses to the ANPRM must be submitted by 5:00 pm EDT on Monday, July 14, 2014.

The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.

AT&T Invites Applicants with Disabilities for Summer Internship

Position Title: Summer Intern – Human Resources

Location: Columbia, MD

Description: Working as a Student Intern, the candidate will have the opportunity to obtain practical work experience to augment their education and career preparation. The selected candidate will work on various human resources and business unit projects, which will include diversity, employee development, talent management, organizational effectiveness, employee engagement as well as provide general support to Executive Director, Human Resources.

Qualifications:

  • Currently pursuing a 4-year degree; actively enrolled at an accredited institution
  • Proficiency using Microsoft Office products including Word, Power Point, Excel and Outlook.
  • Must show outstanding written and oral communication skills.
  • The successful candidate will be able to perform the following with or without reasonable accommodation: Ability to operate a personal computer, wireless equipment, copier and fax.

Candidates should apply at http://att.jobs, by searching for job number 1426317 or by sending a cover letter and a resume to: Avalyn Jackson, Talent Attraction – Disability and Diversity, at [email protected].

Week of Action in Support of H.R. 831: the Fair Wages for Workers with Disabilities Act!

This week, you can help build support in the House for H.R. 831, the Fair Wages for Workers with Disabilities Act in three easy steps:

  1. Tweet
  2. Call
  3. Email

We’ve created a worksheet with all of the Representatives who have not signed on to H.R. 831, along with their twitter handles, D.C. office phone numbers, and the email addresses of their legislative aides who handle labor issues. Open the worksheet in PDF or plain text.

Tweet: raise awareness about H.R. 831 to your Representatives, as well as Twitter followers. When tweeting, don’t forget to tag your Representatives and use the hashtag #fairwages. Creating your own tweets is encouraged, but here are a few samples:

  • Help prevent people with disabilities being paid less than the minimum wage. Support #fairwages by cosponsoring H.R. 831 @SpeakerBoehner.
  • It is outrageous that people with disabilities can be paid 3 cents an hour. If you agree, support #fairwages by cosponsoring H.R. 831 @repjohnkline
  • @gopleader, cosponsor H.R. 831. Ensure that people with disabilities receive the #fairwages we deserve.

Call: call your Representatives to put H.R. 831 on their radars. Sample call script:

Good Morning. My name is [Your Name], and I support H.R. 831: the Fair Wages for Workers with Disabilities Act. I urge Representative [Name of Representative] to please cosponsor this bill. Currently, people with disabilities are legally being paid less than the minimum wage. Some are being paid as little as mere pennies per hour. I feel that this practice is wrong.  H.R. 831 will responsibly phase out this antiquated, discriminatory and immoral practice over a three year period. Can I count on Representative [Name of Representative] to support people with disabilities by cosponsoring H.R. 831?

Email: seal the deal by making the formal written request to the labor staffers. Sample email:

Subject: Please Co-sponsor H.R. 831

Dear [Name of Labor Legislative Aid]:

I write to express my support for H.R. 831: the Fair Wages for Workers with Disabilities Act and to urge Representative [Name of Representative] to please cosponsor this bill.

Currently, people with disabilities are being paid far below the minimum wage. This practice is legal under Section 14(c) of the Fair Labor Standards Act of 1938. H.R. 831 will responsibly phase out this antiquated practice over a three year period.

If Representative [Name of Representative] is ready to join nearly eighty Members of Congress by expressing a commitment to creating real employment opportunities for people with disabilities, please contact Scot Malvaney, Legislative Director for Congressman Harper at [email protected], and let him know that Representative [Name of Representative] would like to cosponsor H.R. 831.

Thank you,

[Your Name]

RespectAbilityUSA Releases America at Risk: Job Crisis for People with Disabilities – Views on Solutions from 3839 People on the Front Lines

RespectAbilityUSA, a non-profit organization working to empower people with disabilities to achieve the American dream, is proud to release a new toolkit for policy makers, leaders, and activists along with a formal report, America at Risk: Job Crisis for People with Disabilities — Views on Solutions from 3839 People on the Front Lines.

The toolkit and report are designed for those who want to expand job opportunities for people with disabilities based on the real-life experiences and opinions of those most impacted by the crisis of lack of jobs for people with disabilities in America. This issue is important because:

  1. More than 9 million working age Americans with disabilities survive on benefits, which costs taxpayers billions.
  2. The employment gap between people with and without disabilities continues to expand, causing people with disabilities to live in poverty and isolation.
  3. The majority of young Americans with disabilities can and want to work and deserve the opportunity to achieve the American dream.
  4. The Social Security Disability Trust Fund will exhaust its funds in 2016 [1].
  5. There are promising practices that can help on all these fronts, plus enable employers to access to the real talents since people with disabilities also have abilities that can make our nation stronger.  [Read more…]

Join Our Partner, the LEAD Center, for a Webinar on Section 503: Connecting Job Seekers with Disabilities and Federal Contractors through the Workforce Development System

LEAD Center LogoThere are new challenges and opportunities for federal contractors as a result of requirements of the Section 503 final rule. Building an inclusive workforce provides new opportunities for American Job Centers (AJCs) and the workforce development system to provide assistance to federal contractors and job seekers with disabilities. What role can AJCs play to create a talent pool? What services needed by federal contractors can AJCs offer? What do other community partners need to know to promote employment opportunities and outcomes for people with disabilities? Learn more about Section 503 requirements and value added opportunities for all key stakeholders.

Target Audience: workforce development professionals, policy makers, individuals with disabilities, and related stakeholders.  [Read more…]

Focus Group Recruitment for Employment Study

Are you working? Are you not working but want to work? Would you like to talk about your work experiences?

Can you share 90 minutes to talk on the phone? You will receive a $50 gift card to use wherever Visa or MasterCard is accepted for your time.

Background

If the answer to these questions is yes, the Rehabilitation Research and Training Center (RRTC) on Employment of People with Physical Disabilities wants to talk with you! They want to talk with people who have a spinal cord injury, multiple sclerosis, arthritis, cerebral palsy, or transition age youth with physical disabilities. Anyone between the ages of 18 and 64 are encouraged to participate! Transition age youth should be 18 years old to 24.

The RRTC is conducting focus groups for people with physical disabilities about their work experiences. They want to know from you what helped you find or keep a job, and what experiences you face when job hunting.  [Read more…]

New Guidance on FLSA’s Application to Shared Living Arrangements

On October 1, 2013, the Department of Labor (DOL) published a Final Rule extending minimum wage and overtime pay protections under the Fair Labor Standards Act (FLSA) to direct care workers providing home based care to older adults and people with disabilities. DOL received many questions regarding how the rule would affect shared living arrangements such as adult foster care, host home, and paid roommates, where the person receiving services and their direct care worker live together. On March 27, 2014, DOL published an Administrator’s Interpretation and fact sheet providing guidance on how FLSA applies to various shared living arrangements.