[Tn-talk] A SYSTEMIC APPROACH TO ARMING STUDENTS & JOB SEEKERS WITH DISABILITIES & THEIR ADVOCATES

[Seay, Michael]

PLEASE DISTRIBUTE FAR AND WIDE!!!!!







		A SYSTEMIC APPROACH TO ARMING
		STUDENTS AND JOB SEEKERS WITH DISABILITIES AND
	THEIR ADVOCATES IN SECURING
MEANINGFUL EMPLOYMENT

			by Olegario D. Cantos VII, Esq.
		Special Counsel to the Assistant Attorney General
		Civil Rights Division
		U.S. Department of Justice

			July 21, 2007 

Introduction

     Disability will touch the lives of most Americans at some point during their lives either through firsthand experience or acquaintance with someone who has a disability.  Census figures indicate that, in 2002, more than one in six Americans had a disability involving limitations in seeing, hearing, speaking, walking, learning, or undertaking other major functions central to daily life.[1]  

     As career and guidance counselors, vocational rehabilitation professionals, social service providers, for-profit headhunting firms and career placement organizations, federal government officials, governors' committees on people with disabilities,[2] disability rights advocates, and others seek to empower students and job seekers with disabilities to maximize employment opportunities available to them and as people with disabilities themselves are armed with the tools they need to succeed in the workplace, of utmost importance is the need effectively to understand both the social context within which members of the disability community must be viewed and the various support network elements that have been put into place to enable them to reach their full economic potential.  A working comprehension of these concepts[3] will allow stakeholders to know how to utilize a myriad of approaches which, when examined either alone or in their aggregate, will lead to real-world employment outcomes for people with disabilities.

A Brief History of the Disability Rights Movement

     For centuries, people with disabilities were viewed on the fringes of mainstream society.  As a class of individuals, they were economically disadvantaged, socially segregated, politically excluded, and almost universally regarded as being less capable than others.  In fact, the term "handicap" is said to have originated from the old practice of people with disabilities holding "cap in hand" as they begged for a pittance just to survive from one day to the next.[4]  Those who were not on the streets and who were not cared for by family or other loved ones (most typically, individuals with severe psychiatric and developmental disabilities) were placed in institutions, and many spent their lives in such settings whose conditions would be considered inhumane by today's standards.  But, as the result of a series of documented events that date back to 1817 to the present, both people with disabilities and their families eventually built what is collectively known today as the disability rights movement.[5]

     That movement has spawned landmark pieces of civil rights legislation including the Rehabilitation Act of 1973, the Education of All Handicapped Children Act of 1975 (which was renamed the Individuals with Disabilities Education Act in 1990), the Air Carrier Access Act of 1986, the Fair Housing Act being amended in 1988 to include people with disabilities as a protected class, the Americans with Disabilities Act of 1990, the Assistive Technology Act of 1998, and the Help America Vote Act of 2002.

     These and other federal laws have formed the tapestry of civil rights protections afforded to people with disabilities, paving the way for full participation in every aspect of societal life and enabling the United States to serve as a model for other countries around the world to follow.  Driven by a philosophy of self-determination, the old medical model which focused on curing individuals with disabilities has now significantly been replaced by an approach that entails promotion of equality of rights and responsibilities.

Steps for Easing Smooth Transition Into Employment

STEP 1 - LEARN ABOUT HOW BEST TO WORK WITH PEOPLE WITH DIFFERENT TYPES OF DISABILITIES.

     Often, when members of the general public envision whom would be a "person with a disability," they tend to think of disabilities that are visible.  In reality, disabilities are both visible and invisible.[6]  Examples of the former include people who have mobility impairments, are blind or visually impaired, are deaf or hard-of-hearing, have developmental disabilities, or have muscular or neurological conditions.  Invisible disabilities include psychiatric disability, asthma, arthritis, heart disease, HIV/AIDS, Attention Deficit Hyperactivity Disorder, or learning disabilities.

     That is why close collaboration with organizations of and for people with disabilities plays such a critical role.  As career counselors and other job placement professionals build strong working partnerships with those serving physical,[7] psychiatric,[8] developmental,[9] and learning[10] disability constituencies, new possibilities will arise for building cohesive cross-agency/cross-organizational clusters to advance mutual goals.

STEP 2 - ASSIST IN ENHANCING UNDERSTANDING OF EMPLOYMENT-RELATED CIVIL RIGHTS LAWS.

     Let students and job seekers with disabilities know that Title I of the Americans with Disabilities Act[11] requires employers with 15 or more employees to provide qualified individuals with disabilities[12] an equal opportunity to benefit from the full range of employment-related opportunities available to others.  "For example, it prohibits discrimination in recruitment, hiring, promotions, training, pay, social activities, and other privileges of employment. It restricts questions that can be asked about an applicant's disability before a job offer is made, and it requires that employers make reasonable accommodation to the known physical or mental limitations of otherwise qualified individuals with disabilities, unless it results in undue hardship. Religious entities with 15 or more employees are covered under Title I."[13]  The federal government is covered under Sections 501 and 504 of the Rehabilitation Act of 1973.[14]

STEP 3 - GIVE STUDENTS AND JOB SEEKERS ASSESSMENT TOOLS THAT WILL HELP THEM DECIDE THEIR CAREER PATH, AND STRENGTHEN CONFIDENCE THROUGH EXPOSURE TO SUCCESSFUL ROLE MODELS.

     For people with disabilities, career goals are just as diverse as members of the disability community themselves.  Many students and job seekers have found different career assessment tools[15] to be helpful such as the Myers-Briggs test as a basis for determining personality type,[16] whose results are then cross-referenced with careers that have often been associated with different classifications.[17]

     However, these assessment tools must be considered but a part of an overall approach to assist people in deciding their own career path.  Here, within a disability rights context, it is critical that one remains mindful of possible perceived limitations based on old and outdated stereotypes about disability.[18]  As such, identification of successful role models,[19] both those who are well known[20] and those who are not as much so[21], may assist in bolstering the confidence of those seeking either to enter or re-enter the workforce, including in the fields of law[22] as well as science, engineering, and mathematics[23] (among others).  For youth, "Guideposts To Success" in making the transition into adulthood include school-based preparatory experiences, career preparation and work-based learning experiences, youth development and leadership, connecting activities (such as mental and physical health services, transportation, tutoring, financial planning and management, post-program supports, and other services), and family involvement and support.[24]

STEP 4 - ENCOURAGE GREATER EXPOSURE TO CAREER OPTIONS THROUGH FACILITATING JOB SHADOWING AND HANDS-ON CAREER EXPLORATION.

     As a creative way of providing students and job seekers with opportunities to see what life is like in an actual workplace setting and at a real-world level, career-oriented mentoring[25] by those in their chosen profession provides future potential employees with invaluable exposure to others in the field, paves the way for greater understanding about the abilities and aspirations of people with disabilities, and may lead to internships that could result in job offers.  Events such as Disability Mentoring Day,[26] most typically held during October which is annually declared by the President as National Disability Employment Awareness Month,[27] may prove quite useful as people endeavor to learn as much about chosen career pursuits.  Assisting students and job seekers with career preparation and work-based learning experiences is an effective tool for helping them to enhance economic opportunity.[28]  Promoting real-world experience through service learning is also an effective tool for people with disabilities to gain a multitude of experiences far outside the classroom.[29]

STEP 5 - EXPOSE STUDENTS AND JOB SEEKERS WITH DISABILITIES TO EXISTING WORK INCENTIVES THAT WILL ENABLE THEM TO KNOW HOW TO ENHANCE THEIR ECONOMIC SELF-SUFFICIENCY.

     Many students and job seekers with disabilities receive federal government benefits such as Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI)[30] and, according to the 2005 American Community Survey of the U.S. Census Bureau, the domestic employment rate among people with disabilities ages 21-64 is only 38.1%.[31]  However, this figure need not necessarily remain this low.

     Indeed, a number of work incentives have been put into place by the Social Security Administration to assist people in easing themselves away from economic dependency.[32]  With particular rules being applied respectively to SSI and SSDI recipients, these work incentives include deduction of Impairment Related Work Expenses, the value of "subsidies" and "special conditions," and, in the case of self-employed individuals, unincurred business expenses from net earnings.[33]  Other special rules entail consideration of Unsuccessful Work Attempt and, for individuals who lose benefits eligibility under Social Security rules, they may continue to receive benefits through Continued Payment Under a Vocational Rehabilitation Program (otherwise known as Section 301 Payments), testing of one's ability to work through the Trial Work Period, and an extended period of eligibility for benefits if successfully completing the Trial Work Period at the "Substantial Gainful Activity" level."[34]  In addition, particularly for people with disabilities who rely on medical benefits such as Medicare or Medicaid,[35] knowledge of work incentives is essential.[36]  After all, health and wellness are important, including to people with disabilities.[37]  Through this nation's network of more than 16,000 one-stop career centers designed to provide employment services, administered by the Employment and Training Administration of the U.S. Department of Labor, those seeking employment may receive additional assistance.[38]  In fact, Disability Program Navigator grantees have been provided with specific tools and resources to assist them in providing services that are physically and programmatically accessible.[39]

     A prudent move for vocational rehabilitation counselors and other career placement professionals in helping those with disabilities on government benefits to know the range of possibilities available to facilitate long-term employment is to recommend that they take full advantage of Work Incentive Planning and Assistance Programs that exist in every state to provide guidance on what to do.[40]  "Benefits Calculators" are also available to be of assistance to government benefits recipients.[41]

STEP 6 - SHARE INFORMATION ABOUT OPPORTUNITIES TO WORK FOR THE FEDERAL GOVERNMENT.

     The federal government is actively seeking qualified individuals with disabilities to fill job vacancies[42] at all levels of leadership through what is known as the Excepted Service appointment process, which literally means that agencies may accept resumes without being required to post job notices.[43]  Through the U.S. Office of Personnel Management, prospective employees as well as human resource professionals alike may learn about supports that have been established to help members of the disability community join the federal workforce.[44]  Of significant importance is the need to become familiar with U.S. Office of Personnel Management's Schedule A[45] hiring authority which supports the hiring of people with physical disabilities, psychiatric disabilities, and "mental retardation"[46] in cases where physicians/medical professionals, federal government agencies issuing or providing disability benefits, state vocational rehabilitation agency counselors,[47] or private vocational rehabilitation or other counselor issuing private disability benefits may certify disability and job readiness.[48]  Veterans may receive appointment through Veterans Recruitment Appointment, the 30% or More Disabled Veterans Program, and Veterans Employment Opportunity Act appointments.[49]  Veterans may also receive vocational rehabilitation assistance through the U.S. Department of Veterans Affairs[50] and a whole host of other programs including for job seekers[51] and entrepreneurs.[52]

     As a way of facilitating coordinated expansion of the use of these various hiring authorities by bringing together stakeholders including people with disabilities, hiring managers,[53] selective placement program coordinators[54] whom (among other things) seek qualified applicants with disabilities, and others, the U.S. Equal Employment Opportunity Commission in June 2006 launched the LEAD (Leadership for the Employment of Americans with Disabilities) Initiative.[55]  These efforts are dovetailing quite well with the efforts of the Federal Disability Workforce Consortium, a cross-agency working group of federal agencies that comes together on a regular basis to take action on recruitment, hiring, retention, and career advancement strategies for people with disabilities.[56]

STEP 7 - ENCOURAGE STUDENTS AND JOB SEEKERS TO INVESTIGATE CAREER POSSIBILITIES IN THE NON-PROFIT WORLD OR IN THE PRIVATE SECTOR.

     More than 600,000 non-profit organizations of every description exist in the United States and are dedicated to causes of every description, and information about each of these and where they are located is readily accessible online, free of charge.[57]  As students and job seekers delve into endless possibilities, they may decide to consider factors such as salary,[58] proximity to one's residence, and possibilities for upward advancement.

     Assisting in the expansion of career opportunities in the private sector should also be considered.  An effective approach to helping to educate the business community about disability issues would be to direct them to the Americans with Disabilities Act Homepage, organized and maintained by the Civil Rights Division of the U.S. Department of Justice, at http://www.ada.gov.  In particular, they should be directed to the Division's ADA Business Briefs, information about the ADA Business Connection, and free online training available to small businesses.  Business owners may also have an interest in learning about the tax credits and tax deductions that are available for making access improvements including architectural adaptations, equipment acquisition, services such as sign language interpreters,[59] and transportation adaptations.[60]

     Both in the non-profit and private sectors, innovative efforts have been afoot to expand career possibilities for people with all types of disabilities, and the approaches have evolved from a charity-oriented approach to one that is more focused on the business case for including more people with disabilities in jobs of every description, including in tasks that may not have been seen as being practical or possible for those with certain types of disabilities.[61]

     For situations in which individuals wish instead to start businesses of their own,[62] the Small Business Administration, in joint collaboration with the Office of Disability Employment Policy (ODEP) of the U.S. Department of Labor, has assembled information to assist entrepreneurs with disabilities to become successful through the New Freedom Small Business Initiative.[63]  At a national level, private businesses have joined forces to promote greater employment opportunities and physical and programmatic access for people with disabilities, and they are successfully sharing and implementing best practices among themselves and encouraging other businesses to do the same.[64]

STEP 8 - MAKE SURE TO ARM STUDENTS AND JOB SEEKERS WITH INFORMATION ABOUT JOB ACCOMMODATION POSSIBILITIES.

     Perhaps surprising to some, most job-related accommodations are not expensive, and 71% cost less than $500; 69% of workers with disabilities do not need adaptive equipment at all; and, job accommodations may reduce workers' compensation and other insurance costs, increase the pool of qualified employees, be as simple as rearranging equipment, and increase opportunities for people with functional limitations.[65]  An effective strategy for helping to remove attitudinal barriers to employment would be to utilize valuable informational resources available at the Job Accommodation Network, [66] supported by ODEP.  In addition, for people with disabilities working for the federal government, they may receive work-related adaptive technology through the Computer/Electronic Accommodations Program (CAP),[67] spearheaded by the U.S. Department of Defense which has cooperative agreements with more than 60 federal agencies.  Agencies such as the Social Security Administration, due primarily to their size, provide their own electronic accommodations to their employees separately.

STEP 9 - IF ON A COLLEGE OR UNIVERSITY CAMPUS, BRIDGE THE GAP BETWEEN CAREER PLACEMENT OFFICES AND OFFICES FOR STUDENTS WITH DISABILITIES.

     Far too frequently, as college and university students seek to complete their post-secondary education with the ultimate goal of securing gainful employment, they experience a disconnect between the office for students with disabilities designed to meet their academically-related accommodation needs and the on-campus career services office whose role is to serve all students, including those with disabilities.  For this reason, efforts by administrators of both offices should be geared toward providing more seamless services as is accorded to students without disabilities.  To be sure, such efforts have already been underway across the country on hundreds of college and university campuses.[68]  Taking active part in this trend toward greater coordination will only result in expansion of opportunity for students with disabilities whom, like others, are simply seeking to obtain gainful employment.

STEP 10 - LEVERAGE TIME BY DISTRIBUTING THIS ARTICLE TO OTHERS.

     The myriad of resources discussed and endnoted here are but a sampling of what is available to help students and job seekers with disabilities to enter or re-enter the world of employment.  Delving into resources provided herein will enable readers to be armed with what they need to know what next steps should be taken.

Conclusion

     Various stakeholders play such a pivotal role in the lives of those they serve, including those with visible and invisible disabilities.  Now armed with a number of informational resources, the next step is immediately to put into action the suggestions made here, utilizing the vast array of agency and organizational references that have been provided, many of which are portals to countless other resources.  When combined with a positive belief in the abilities of members of the disability community who themselves are pushing forward to shatter limited expectations about what they can do, the only real bounds are those of the imagination.

[END OF ARTICLE.]
 
[Note:  Olegario "Ollie" D. Cantos VII, Esq., a 17-year leader in the disability community, is Special Counsel to the Assistant Attorney General for Civil Rights in the U.S. Department of Justice and is the immediate past Associate Director for Domestic Policy at the White House, serving as the President's key staff lead in implementing the New Freedom Initiative, which was launched on February 1, 2001.]              

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ENDNOTES

[1] See http://www.census.gov/hhes/www/disability/sipp/disable02.html.  More recent data on the characteristics of those with a disability are available from the American Community Survey, though these statistics are based on a less detailed set of questions. For more information on the American Community Survey, see http://factfinder.census.gov.

[2] See the National Association of Governors' Committees on People with Disabilities:  http://www.nagcpd.com/.  

[3] The U.S. Department of Justice does not necessarily endorse the views expressed or the facts presented on any website or other resource mentioned in this article that fall outside the federal government.  Further, the Department does not endorse any commercial products that may be advertised or otherwise available on such sites or through such cited resources.

[4] See "A Brief History of the Disability Movement," http://www.vsarts.org/x537.xml.  

[5] For a general timeline of pivotal events that led to the rise of the disability rights movement which itself includes those with physical, developmental, and psychiatric disabilities, see http://www.sfsu.edu/%7Ehrdpu/chron.htm. 

[6] The U.S. Office of Personal Management has put together a piece entitled "Working with People with Different Types of Disabilities."  See http://www.opm.gov/disability/appempl_4-09.asp#people_with_invisible.

[7] Throughout the country in communities of every size, organizations known as "independent living centers" have been formed to serve people with all types of disabilities and are often most noted for their work in serving people with physical disabilities.  To view a complete list of these organizations, along with their contact information, visit the website of the Independent Living Resource Utilization Project at http://www.ilru.org, which also lists the Statewide Independent Living Councils (SILCs) whose members are appointed by the governor of each state.  

[8] A detailed list of local organizations serving those with psychiatric disabilities may be found at the website of the National Alliance on Mental Illness (formerly, the National Alliance for the Mentally Ill) at http://www.nami.org.

[9] To reach the State Developmental Disabilities Council (or "DD Council") for each state, visit the website of the National Association of State Developmental Disabilities Councils at http://www.nacdd.org.  

[10] For information about the nature of learning disabilities, along with local, state, and national resources that may assist people with learning disabilities and their families, see http://www.ldonline.org. 

[11] 29 C.F.R. Parts 1630, 1602.

[12] An individual with a disability is defined by the Act as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment. The Act does not specifically name all of the impairments that are covered.

[13] http://www.ada.gov/cguide.htm#anchor62335. 

[14] See http://www.ada.gov/cguide.htm#anchor65610.  

[15] See http://www.rileyguide.com/assess.html.  

[16] See http://www.quintcareers.com/career_assessment.html. 

[17] See http://www.geocities.com/lifexplore/mbcareer.htm.   Also see http://www.personalitypage.com/careers.html.  

[18] For a youth-oriented discussion on removal of attitudinal barriers to equal treatment, which would also be of interest to job placement professionals, visit http://www.ncwd-youth.info/resources_&_Publications/disability_Basics/attitudinal_barriers.html. 

[19] Students with disabilities in high school may gain invaluable insight by learning the ways of leadership through direct exposure to role models with different types of disabilities via a three- to five-day event called a Youth Leadership Forum.  These are organized in many states.  For the Association of Youth Leadership Forums, see http://www.montanaylf.org/?p=aylf.  Youth in post-secondary settings may become involved in the National Youth Leadership Network.  See http://www.nyln.org.  

[20] See http://www.washington.edu/doit/Resources/role_model.html.  

[21] With support from the Office of Disability Employment Policy of the U.S. Department of Labor, InfoUse.com produced an interactive CD-ROM entitled "Open Futures: Role Models for Youth with Disabilities" which profiles everyday people with different types of disabilities, pursuing different types of careers.   See http://www.infouse.com/openfutures/cd_overview.html.  

[22] The American Bar Association Commission on Mental and Physical Disability Rights Law offers a mentoring program for law students and has also produced a report, detailing the present status of employment of people with disabilities in the legal profession.  See http://www.abanet.org/disability/.  

[23] The National Association for the Advancement of Science has established "Entry Point," a program designed to recruit people with disabilities into science and related fields.  See http://ehrweb.aaas.org/entrypoint/.  The National Federation of the Blind has engaged in efforts most particularly for students who are blind or visually impaired.  See http://www.BlindScience.org.  

[24] See http://www.ncwd-youth.info/resources_&_Publications/guideposts/.  

[25] Non-profit organizations that operate career-oriented mentoring programs may benefit substantially from ensuring that these programs also serve individuals with disabilities.  See http://www.ncwd-youth.info/resources_&_Publications/mentoring.html.  

[26] See http://www.dmd-aapd.org. 

[27] As an illustration, see the 2006 Proclamation by the President at http://www.whitehouse.gov/news/releases/2006/10/20061003-7.html.

[28] See http://www.dol.gov/odep/categories/youth/career.htm.  

[29] See the National Service Inclusion Project of the Institute for Community Inclusion at the University of Massachusetts, Boston: http://nationalserviceresources.org/resources/tta/university_mass.php.  

[30] See http://www.ssa.gov.  

[31] See http://www.ilr.cornell.edu/edi/disabilitystatistics/StatusReports/2005-html/2005-StatusReports_US.html?CFID=22539169&CFTOKEN=64997919#employment.  

[32] See http://www.socialsecurity.gov/disabilityresearch/workincentives.htm. 

[33] See http://www.socialsecurity.gov/disabilityresearch/wi/detailedinfo.htm.

[34] Id.

[35] See http://www.medicare.gov/.

[36] Id. at Note 28.

[37] In July 2005, along with the Office on Disability of the U.S. Department of Health and Human Services, the Surgeon General for the first time in history issued a Call to Action to Improve the Health and Wellness of People with Disabilities.  The following year, a "People's Piece" was issued to assist in knowing how to make this more of a reality.  See http://www.hhs.gov/od.  

[38] See http://www.doleta.gov/.  This page also discusses the awarding of millions of dollars in grants to expand the Disability Program Navigator effort to serve job seekers with disabilities.

[39] See the One-Stop Toolkit for Serving People with Disabilities:  http://www.onestoptoolkit.org/.  

[40] See http://www.socialsecurity.gov/work/ServiceProviders/WIPADirectory.html#service.  

[41] See http://www.disabilitybenefits101.org/planning/(S(m4egvevwocgutmqoq3g1sbav))/index.aspx.  

[42] See http://www.JSAJobs.gov.  Each federal agency also has internal websites posting current job vacancies.

[43] See http://www.opm.gov/disability/appointment_disabilities.asp.  

[44] See http://www.opm.gov/disability.  

[45] See 5 C.F.R. Part 213.3102(u):  http://www.opm.gov/fedregis/2006/71-072606-42246-a.htm.  

[46] The term "mental retardation" is used instead of "cognitive disability," "developmental disability," or "intellectual disability," because it is the official terminology used in the authorized Executive Order 12215, dated March 15, 1979.  See Id. at Note 34.

[47] To view a national directory of state vocational rehabilitation agencies, see http://www.jan.wvu.edu/SBSES/VOCREHAB.htm. 

[48] Id. at Note 34.

[49] See http://www.opm.gov/veterans/html/vetsinfo.asp#Special.  

[50] See http://www.va.gov.  

[51] See http://www.vetsuccess.gov/.  

[52] See http://www.vetbiz.gov.

[53] For a useful Question and Answer document for hiring managers within the federal government, see http://www.opm.gov/disability/appointment_disabilities.asp.  

[54] An online directory of Selective Placement Program Coordinators in every state as submitted by agencies to the U.S. Office of Personnel Management may be found at http://apps.opm.gov/sppc_directory/.  Any information found either to be inaccurate or out of date should be brought to the attention of Kitty Kobert at Kitty.Kobert at opm.gov.  

[55] See http://www.eeoc.gov/press/10-4-06.html. 

[56] The Consortium is led by a steering committee, currently comprised of five co-equal agencies:  The U.S. Department of Commerce (Jennifer Croft - JCroft at doc.gov), U.S. Department of Education (Joseph DePhillips - Joseph.DePhillips at ed.gov), U.S. Department of Labor (Akinyemi Banjo - Banjo.Akinyemi at dol.gov), U.S. Department of Transportation (Alison Levy - Alison.Levy at dot.gov), and U.S. Department of the Treasury (Jay Young - Jay.Young at occ.treas.gov).  

[57] See http://www.Guidestar.org.  

[58] See http://salaries.com.33496.fb.dbbsrv.com/.  

[59] To locate a national registry of certified sign language interpreters, located in communities around the country, see http://www.rid.org. 

[60] See http://www.ada.gov/taxpack.htm.  

[61] See http://www.boozallen.com/about/article/16575149.  

[62] See http://www.dol.gov/odep/pubs/ek00/small.htm.  Also see http://www.smallbusinessnotes.com/interests/disabled.html.  

[63] See http://www.dol.gov/opa/media/press/odep/ODEP2003858.htm.  

[64] See the homepage of the U.S. Business Leadership Network, a national organization of for-profit businesses that is committed to doing its part to remove physical, programmatic, and attitudinal barriers to full participation by people with disabilities based on the business case for marketing to and serving the disability community:  http://www.usbln.org.  

[65] See http://www.jan.wvu.edu/media/JANFacts.html.

[66] See http://www.jan.wvu.edu.  

[67] See http://www.vetsuccess.gov/.  

[68] In order to facilitate greater coordination between offices for students with disabilities and career services offices, Career Opportunities for Students with Disabilities was founded to centralize best practices, exchange information and ideas, and spawn greater opportunity for people with disabilities to participate in the economic lives of their communities.  See http://www.cosdonline.org.

- - - - - - - - - -

Olegario D. Cantos VII, Esq.
Special Counsel to the Assistant Attorney General
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Room 5539
Washington, DC   20530
(202) 514-8191 (Voice)
(202) 514-0716 (TTY)
(202) 307-2839 (Fax)
Ollie.Cantos at usdoj.gov 
 


-------------- next part --------------
A SYSTEMIC APPROACH TO ARMING STUDENTS & JOB SEEKERS WITH DISABILITIES & THEIR ADVOCATES
PLEASE DISTRIBUTE FAR AND WIDE!!!!!
               
A SYSTEMIC APPROACH TO ARMING
               
STUDENTS AND JOB SEEKERS WITH DISABILITIES AND
       
THEIR ADVOCATES IN SECURING
MEANINGFUL EMPLOYMENT
                       
by Olegario D. Cantos VII, Esq.
               
Special Counsel to the Assistant Attorney General
               
Civil Rights Division
               
U.S. Department of Justice
                       
July 21, 2007
Introduction
     Disability will touch the lives of most Americans at some point during their lives either through firsthand experience or acquaintance with someone who has a disability.  Census figures indicate that, in 2002, more than one in six Americans had a disability involving limitations in seeing, hearing, speaking, walking, learning, or undertaking other major functions central to daily life.[1] 
     As career and guidance counselors, vocational rehabilitation professionals, social service providers, for-profit headhunting firms and career placement organizations, federal government officials, governors' committees on people with disabilities,[2] disability rights advocates, and others seek to empower students and job seekers with disabilities to maximize employment opportunities available to them and as people with disabilities themselves are armed with the tools they need to succeed in the workplace, of utmost importance is the need effectively to understand both the social context within which members of the disability community must be viewed and the various support network elements that have been put into place to enable them to reach their full economic potential.  A working comprehension of these concepts[3] will allow stakeholders to know how to utilize a myriad of approaches which, when examined either alone or in their aggregate, will lead to real-world employment outcomes for people with disabilities.
A Brief History of the Disability Rights Movement
     For centuries, people with disabilities were viewed on the fringes of mainstream society.  As a class of individuals, they were economically disadvantaged, socially segregated, politically excluded, and almost universally regarded as being less capable than others.  In fact, the term "handicap" is said to have originated from the old practice of people with disabilities holding "cap in hand" as they begged for a pittance just to survive from one day to the next.[4]  Those who were not on the streets and who were not cared for by family or other loved ones (most typically, individuals with severe psychiatric and developmental disabilities) were placed in institutions, and many spent their lives in such settings whose conditions would be considered inhumane by today's standards.  But, as the result of a series of documented events that date back to 1817 to the present, both people with disabilities and their families eventually built what is collectively known today as the disability rights movement.[5]
     That movement has spawned landmark pieces of civil rights legislation including the Rehabilitation Act of 1973, the Education of All Handicapped Children Act of 1975 (which was renamed the Individuals with Disabilities Education Act in 1990), the Air Carrier Access Act of 1986, the Fair Housing Act being amended in 1988 to include people with disabilities as a protected class, the Americans with Disabilities Act of 1990, the Assistive Technology Act of 1998, and the Help America Vote Act of 2002.
     These and other federal laws have formed the tapestry of civil rights protections afforded to people with disabilities, paving the way for full participation in every aspect of societal life and enabling the United States to serve as a model for other countries around the world to follow.  Driven by a philosophy of self-determination, the old medical model which focused on curing individuals with disabilities has now significantly been replaced by an approach that entails promotion of equality of rights and responsibilities.
Steps for Easing Smooth Transition Into Employment
STEP 1 - LEARN ABOUT HOW BEST TO WORK WITH PEOPLE WITH DIFFERENT TYPES OF DISABILITIES.
     Often, when members of the general public envision whom would be a "person with a disability," they tend to think of disabilities that are visible.  In reality, disabilities are both visible and invisible.[6]  Examples of the former include people who have mobility impairments, are blind or visually impaired, are deaf or hard-of-hearing, have developmental disabilities, or have muscular or neurological conditions.  Invisible disabilities include psychiatric disability, asthma, arthritis, heart disease, HIV/AIDS, Attention Deficit Hyperactivity Disorder, or learning disabilities.
     That is why close collaboration with organizations of and for people with disabilities plays such a critical role.  As career counselors and other job placement professionals build strong working partnerships with those serving physical,[7] psychiatric,[8] developmental,[9] and learning[10] disability constituencies, new possibilities will arise for building cohesive cross-agency/cross-organizational clusters to advance mutual goals.
STEP 2 - ASSIST IN ENHANCING UNDERSTANDING OF EMPLOYMENT-RELATED CIVIL RIGHTS LAWS.
     Let students and job seekers with disabilities know that Title I of the Americans with Disabilities Act[11] requires employers with 15 or more employees to provide qualified individuals with disabilities[12] an equal opportunity to benefit from the full range of employment-related opportunities available to others.  "For example, it prohibits discrimination in recruitment, hiring, promotions, training, pay, social activities, and other privileges of employment. It restricts questions that can be asked about an applicant's disability before a job offer is made, and it requires that employers make reasonable accommodation to the known physical or mental limitations of otherwise qualified individuals with disabilities, unless it results in undue hardship. Religious entities with 15 or more employees are covered under Title I."[13]  The federal government is covered under Sections 501 and 504 of the Rehabilitation Act of 1973.[14]
STEP 3 - GIVE STUDENTS AND JOB SEEKERS ASSESSMENT TOOLS THAT WILL HELP THEM DECIDE THEIR CAREER PATH, AND STRENGTHEN CONFIDENCE THROUGH EXPOSURE TO SUCCESSFUL ROLE MODELS.
     For people with disabilities, career goals are just as diverse as members of the disability community themselves.  Many students and job seekers have found different career assessment tools[15] to be helpful such as the Myers-Briggs test as a basis for determining personality type,[16] whose results are then cross-referenced with careers that have often been associated with different classifications.[17]
     However, these assessment tools must be considered but a part of an overall approach to assist people in deciding their own career path.  Here, within a disability rights context, it is critical that one remains mindful of possible perceived limitations based on old and outdated stereotypes about disability.[18]  As such, identification of successful role models,[19] both those who are well known[20] and those who are not as much so[21], may assist in bolstering the confidence of those seeking either to enter or re-enter the workforce, including in the fields of law[22] as well as science, engineering, and mathematics[23] (among others).  For youth, "Guideposts To Success" in making the transition into adulthood include school-based preparatory experiences, career preparation and work-based learning experiences, youth development and leadership, connecting activities (such as mental and physical health services, transportation, tutoring, financial planning and management, post-program supports, and other services), and family involvement and support.[24]
STEP 4 - ENCOURAGE GREATER EXPOSURE TO CAREER OPTIONS THROUGH FACILITATING JOB SHADOWING AND HANDS-ON CAREER EXPLORATION.
     As a creative way of providing students and job seekers with opportunities to see what life is like in an actual workplace setting and at a real-world level, career-oriented mentoring[25] by those in their chosen profession provides future potential employees with invaluable exposure to others in the field, paves the way for greater understanding about the abilities and aspirations of people with disabilities, and may lead to internships that could result in job offers.  Events such as Disability Mentoring Day,[26] most typically held during October which is annually declared by the President as National Disability Employment Awareness Month,[27] may prove quite useful as people endeavor to learn as much about chosen career pursuits.  Assisting students and job seekers with career preparation and work-based learning experiences is an effective tool for helping them to enhance economic opportunity.[28]  Promoting real-world experience through service learning is also an effective tool for people with disabilities to gain a multitude of experiences far outside the classroom.[29]
STEP 5 - EXPOSE STUDENTS AND JOB SEEKERS WITH DISABILITIES TO EXISTING WORK INCENTIVES THAT WILL ENABLE THEM TO KNOW HOW TO ENHANCE THEIR ECONOMIC SELF-SUFFICIENCY.
     Many students and job seekers with disabilities receive federal government benefits such as Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI)[30] and, according to the 2005 American Community Survey of the U.S. Census Bureau, the domestic employment rate among people with disabilities ages 21-64 is only 38.1%.[31]  However, this figure need not necessarily remain this low.
     Indeed, a number of work incentives have been put into place by the Social Security Administration to assist people in easing themselves away from economic dependency.[32]  With particular rules being applied respectively to SSI and SSDI recipients, these work incentives include deduction of Impairment Related Work Expenses, the value of "subsidies" and "special conditions," and, in the case of self-employed individuals, unincurred business expenses from net earnings.[33]  Other special rules entail consideration of Unsuccessful Work Attempt and, for individuals who lose benefits eligibility under Social Security rules, they may continue to receive benefits through Continued Payment Under a Vocational Rehabilitation Program (otherwise known as Section 301 Payments), testing of one's ability to work through the Trial Work Period, and an extended period of eligibility for benefits if successfully completing the Trial Work Period at the "Substantial Gainful Activity" level."[34]  In addition, particularly for people with disabilities who rely on medical benefits such as Medicare or Medicaid,[35] knowledge of work incentives is essential.[36]  After all, health and wellness are important, including to people with disabilities.[37]  Through this nation's network of more than 16,000 one-stop career centers designed to provide employment services, administered by the Employment and Training Administration of the U.S. Department of Labor, those seeking employment may receive additional assistance.[38]  In fact, Disability Program Navigator grantees have been provided with specific tools and resources to assist them in providing services that are physically and programmatically accessible.[39]
     A prudent move for vocational rehabilitation counselors and other career placement professionals in helping those with disabilities on government benefits to know the range of possibilities available to facilitate long-term employment is to recommend that they take full advantage of Work Incentive Planning and Assistance Programs that exist in every state to provide guidance on what to do.[40]  "Benefits Calculators" are also available to be of assistance to government benefits recipients.[41]
STEP 6 - SHARE INFORMATION ABOUT OPPORTUNITIES TO WORK FOR THE FEDERAL GOVERNMENT.
     The federal government is actively seeking qualified individuals with disabilities to fill job vacancies[42] at all levels of leadership through what is known as the Excepted Service appointment process, which literally means that agencies may accept resumes without being required to post job notices.[43]  Through the U.S. Office of Personnel Management, prospective employees as well as human resource professionals alike may learn about supports that have been established to help members of the disability community join the federal workforce.[44]  Of significant importance is the need to become familiar with U.S. Office of Personnel Management's Schedule A[45] hiring authority which supports the hiring of people with physical disabilities, psychiatric disabilities, and "mental retardation"[46] in cases where physicians/medical professionals, federal government agencies issuing or providing disability benefits, state vocational rehabilitation agency counselors,[47] or private vocational rehabilitation or other counselor issuing private disability benefits may certify disability and job readiness.[48]  Veterans may receive appointment through Veterans Recruitment Appointment, the 30% or More Disabled Veterans Program, and Veterans Employment Opportunity Act appointments.[49]  Veterans may also receive vocational rehabilitation assistance through the U.S. Department of Veterans Affairs[50] and a whole host of other programs including for job seekers[51] and entrepreneurs.[52]
     As a way of facilitating coordinated expansion of the use of these various hiring authorities by bringing together stakeholders including people with disabilities, hiring managers,[53] selective placement program coordinators[54] whom (among other things) seek qualified applicants with disabilities, and others, the U.S. Equal Employment Opportunity Commission in June 2006 launched the LEAD (Leadership for the Employment of Americans with Disabilities) Initiative.[55]  These efforts are dovetailing quite well with the efforts of the Federal Disability Workforce Consortium, a cross-agency working group of federal agencies that comes together on a regular basis to take action on recruitment, hiring, retention, and career advancement strategies for people with disabilities.[56]
STEP 7 - ENCOURAGE STUDENTS AND JOB SEEKERS TO INVESTIGATE CAREER POSSIBILITIES IN THE NON-PROFIT WORLD OR IN THE PRIVATE SECTOR.
     More than 600,000 non-profit organizations of every description exist in the United States and are dedicated to causes of every description, and information about each of these and where they are located is readily accessible online, free of charge.[57]  As students and job seekers delve into endless possibilities, they may decide to consider factors such as salary,[58] proximity to one's residence, and possibilities for upward advancement.
     Assisting in the expansion of career opportunities in the private sector should also be considered.  An effective approach to helping to educate the business community about disability issues would be to direct them to the Americans with Disabilities Act Homepage, organized and maintained by the Civil Rights Division of the U.S. Department of Justice, at
http://www.ada.gov
http://www.ada.gov
.  In particular, they should be directed to the Division's ADA Business Briefs, information about the ADA Business Connection, and free online training available to small businesses.  Business owners may also have an interest in learning about the tax credits and tax deductions that are available for making access improvements including architectural adaptations, equipment acquisition, services such as sign language interpreters,[59] and transportation adaptations.[60]
     Both in the non-profit and private sectors, innovative efforts have been afoot to expand career possibilities for people with all types of disabilities, and the approaches have evolved from a charity-oriented approach to one that is more focused on the business case for including more people with disabilities in jobs of every description, including in tasks that may not have been seen as being practical or possible for those with certain types of disabilities.[61]
     For situations in which individuals wish instead to start businesses of their own,[62] the Small Business Administration, in joint collaboration with the Office of Disability Employment Policy (ODEP) of the U.S. Department of Labor, has assembled information to assist entrepreneurs with disabilities to become successful through the New Freedom Small Business Initiative.[63]  At a national level, private businesses have joined forces to promote greater employment opportunities and physical and programmatic access for people with disabilities, and they are successfully sharing and implementing best practices among themselves and encouraging other businesses to do the same.[64]
STEP 8 - MAKE SURE TO ARM STUDENTS AND JOB SEEKERS WITH INFORMATION ABOUT JOB ACCOMMODATION POSSIBILITIES.
     Perhaps surprising to some, most job-related accommodations are not expensive, and 71% cost less than $500; 69% of workers with disabilities do not need adaptive equipment at all; and, job accommodations may reduce workers' compensation and other insurance costs, increase the pool of qualified employees, be as simple as rearranging equipment, and increase opportunities for people with functional limitations.[65]  An effective strategy for helping to remove attitudinal barriers to employment would be to utilize valuable informational resources available at the Job Accommodation Network, [66] supported by ODEP.  In addition, for people with disabilities working for the federal government, they may receive work-related adaptive technology through the Computer/Electronic Accommodations Program (CAP),[67] spearheaded by the U.S. Department of Defense which has cooperative agreements with more than 60 federal agencies.  Agencies such as the Social Security Administration, due primarily to their size, provide their own electronic accommodations to their employees separately.
STEP 9 - IF ON A COLLEGE OR UNIVERSITY CAMPUS, BRIDGE THE GAP BETWEEN CAREER PLACEMENT OFFICES AND OFFICES FOR STUDENTS WITH DISABILITIES.
     Far too frequently, as college and university students seek to complete their post-secondary education with the ultimate goal of securing gainful employment, they experience a disconnect between the office for students with disabilities designed to meet their academically-related accommodation needs and the on-campus career services office whose role is to serve all students, including those with disabilities.  For this reason, efforts by administrators of both offices should be geared toward providing more seamless services as is accorded to students without disabilities.  To be sure, such efforts have already been underway across the country on hundreds of college and university campuses.[68]  Taking active part in this trend toward greater coordination will only result in expansion of opportunity for students with disabilities whom, like others, are simply seeking to obtain gainful employment.
STEP 10 - LEVERAGE TIME BY DISTRIBUTING THIS ARTICLE TO OTHERS.
     The myriad of resources discussed and endnoted here are but a sampling of what is available to help students and job seekers with disabilities to enter or re-enter the world of employment.  Delving into resources provided herein will enable readers to be armed with what they need to know what next steps should be taken.
Conclusion
     Various stakeholders play such a pivotal role in the lives of those they serve, including those with visible and invisible disabilities.  Now armed with a number of informational resources, the next step is immediately to put into action the suggestions made here, utilizing the vast array of agency and organizational references that have been provided, many of which are portals to countless other resources.  When combined with a positive belief in the abilities of members of the disability community who themselves are pushing forward to shatter limited expectations about what they can do, the only real bounds are those of the imagination.
[END OF ARTICLE.]
 
[Note:  Olegario "Ollie" D. Cantos VII, Esq., a 17-year leader in the disability community, is Special Counsel to the Assistant Attorney General for Civil Rights in the U.S. Department of Justice and is the immediate past Associate Director for Domestic Policy at the White House, serving as the President's key staff lead in implementing the New Freedom Initiative, which was launched on February 1, 2001.]             
----------
ENDNOTES
[1] See
http://www.census.gov/hhes/www/disability/sipp/disable02.html
http://www.census.gov/hhes/www/disability/sipp/disable02.html
.  More recent data on the characteristics of those with a disability are available from the American Community Survey, though these statistics are based on a less detailed set of questions. For more information on the American Community Survey, see
http://factfinder.census.gov
http://factfinder.census.gov
.
[2] See the National Association of Governors' Committees on People with Disabilities: 
http://www.nagcpd.com/
http://www.nagcpd.com/
. 
[3] The U.S. Department of Justice does not necessarily endorse the views expressed or the facts presented on any website or other resource mentioned in this article that fall outside the federal government.  Further, the Department does not endorse any commercial products that may be advertised or otherwise available on such sites or through such cited resources.
[4] See "A Brief History of the Disability Movement,"
http://www.vsarts.org/x537.xml
http://www.vsarts.org/x537.xml
. 
[5] For a general timeline of pivotal events that led to the rise of the disability rights movement which itself includes those with physical, developmental, and psychiatric disabilities, see
http://www.sfsu.edu/%7Ehrdpu/chron.htm
http://www.sfsu.edu/%7Ehrdpu/chron.htm
.
[6] The U.S. Office of Personal Management has put together a piece entitled "Working with People with Different Types of Disabilities."  See
http://www.opm.gov/disability/appempl_4-09.asp#people_with_invisible
http://www.opm.gov/disability/appempl_4-09.asp#people_with_invisible
.
[7] Throughout the country in communities of every size, organizations known as "independent living centers" have been formed to serve people with all types of disabilities and are often most noted for their work in serving people with physical disabilities.  To view a complete list of these organizations, along with their contact information, visit the website of the Independent Living Resource Utilization Project at
http://www.ilru.org
http://www.ilru.org
, which also lists the Statewide Independent Living Councils (SILCs) whose members are appointed by the governor of each state. 
[8] A detailed list of local organizations serving those with psychiatric disabilities may be found at the website of the National Alliance on Mental Illness (formerly, the National Alliance for the Mentally Ill) at
http://www.nami.org
http://www.nami.org
.
[9] To reach the State Developmental Disabilities Council (or "DD Council") for each state, visit the website of the National Association of State Developmental Disabilities Councils at
http://www.nacdd.org
http://www.nacdd.org
. 
[10] For information about the nature of learning disabilities, along with local, state, and national resources that may assist people with learning disabilities and their families, see
http://www.ldonline.org
http://www.ldonline.org
.
[11] 29 C.F.R. Parts 1630, 1602.
[12] An individual with a disability is defined by the Act as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment. The Act does not specifically name all of the impairments that are covered.
[13]
http://www.ada.gov/cguide.htm#anchor62335
http://www.ada.gov/cguide.htm#anchor62335
.
[14] See
http://www.ada.gov/cguide.htm#anchor65610
http://www.ada.gov/cguide.htm#anchor65610
. 
[15] See
http://www.rileyguide.com/assess.html
http://www.rileyguide.com/assess.html
. 
[16] See
http://www.quintcareers.com/career_assessment.html
http://www.quintcareers.com/career_assessment.html
.
[17] See
http://www.geocities.com/lifexplore/mbcareer.htm
http://www.geocities.com/lifexplore/mbcareer.htm
.   Also see
http://www.personalitypage.com/careers.html
http://www.personalitypage.com/careers.html
. 
[18] For a youth-oriented discussion on removal of attitudinal barriers to equal treatment, which would also be of interest to job placement professionals, visit
http://www.ncwd-youth.info/resources_&_Publications/disability_Basics/attitudinal_barriers.html
http://www.ncwd-youth.info/resources_&_Publications/disability_Basics/attitudinal_barriers.html
.
[19] Students with disabilities in high school may gain invaluable insight by learning the ways of leadership through direct exposure to role models with different types of disabilities via a three- to five-day event called a Youth Leadership Forum.  These are organized in many states.  For the Association of Youth Leadership Forums, see
http://www.montanaylf.org/?p=aylf
http://www.montanaylf.org/?p=aylf
.  Youth in post-secondary settings may become involved in the National Youth Leadership Network.  See
http://www.nyln.org
http://www.nyln.org
. 
[20] See
http://www.washington.edu/doit/Resources/role_model.html
http://www.washington.edu/doit/Resources/role_model.html
. 
[21] With support from the Office of Disability Employment Policy of the U.S. Department of Labor, InfoUse.com produced an interactive CD-ROM entitled "Open Futures: Role Models for Youth with Disabilities" which profiles everyday people with different types of disabilities, pursuing different types of careers.   See
http://www.infouse.com/openfutures/cd_overview.html
http://www.infouse.com/openfutures/cd_overview.html
. 
[22] The American Bar Association Commission on Mental and Physical Disability Rights Law offers a mentoring program for law students and has also produced a report, detailing the present status of employment of people with disabilities in the legal profession.  See
http://www.abanet.org/disability/
http://www.abanet.org/disability/
. 
[23] The National Association for the Advancement of Science has established "Entry Point," a program designed to recruit people with disabilities into science and related fields.  See
http://ehrweb.aaas.org/entrypoint/
http://ehrweb.aaas.org/entrypoint/
.  The National Federation of the Blind has engaged in efforts most particularly for students who are blind or visually impaired.  See
http://www.BlindScience.org
http://www.BlindScience.org
. 
[24] See
http://www.ncwd-youth.info/resources_&_Publications/guideposts/
http://www.ncwd-youth.info/resources_&_Publications/guideposts/
. 
[25] Non-profit organizations that operate career-oriented mentoring programs may benefit substantially from ensuring that these programs also serve individuals with disabilities.  See
http://www.ncwd-youth.info/resources_&_Publications/mentoring.html
http://www.ncwd-youth.info/resources_&_Publications/mentoring.html
. 
[26] See
http://www.dmd-aapd.org
http://www.dmd-aapd.org
.
[27] As an illustration, see the 2006 Proclamation by the President at
http://www.whitehouse.gov/news/releases/2006/10/20061003-7.html
http://www.whitehouse.gov/news/releases/2006/10/20061003-7.html
.
[28] See
http://www.dol.gov/odep/categories/youth/career.htm
http://www.dol.gov/odep/categories/youth/career.htm
. 
[29] See the National Service Inclusion Project of the Institute for Community Inclusion at the University of Massachusetts, Boston:
http://nationalserviceresources.org/resources/tta/university_mass.php
http://nationalserviceresources.org/resources/tta/university_mass.php
. 
[30] See
http://www.ssa.gov
http://www.ssa.gov
. 
[31] See
http://www.ilr.cornell.edu/edi/disabilitystatistics/StatusReports/2005-html/2005-StatusReports_US.html?CFID=22539169&CFTOKEN=64997919#employment
http://www.ilr.cornell.edu/edi/disabilitystatistics/StatusReports/2005-html/2005-StatusReports_US.html?CFID=22539169&CFTOKEN=64997919#employment
. 
[32] See
http://www.socialsecurity.gov/disabilityresearch/workincentives.htm
http://www.socialsecurity.gov/disabilityresearch/workincentives.htm
.
[33] See
http://www.socialsecurity.gov/disabilityresearch/wi/detailedinfo.htm
http://www.socialsecurity.gov/disabilityresearch/wi/detailedinfo.htm
.
[34] Id.
[35] See
http://www.medicare.gov/
http://www.medicare.gov/
.
[36] Id. at Note 28.
[37] In July 2005, along with the Office on Disability of the U.S. Department of Health and Human Services, the Surgeon General for the first time in history issued a Call to Action to Improve the Health and Wellness of People with Disabilities.  The following year, a "People's Piece" was issued to assist in knowing how to make this more of a reality.  See
http://www.hhs.gov/od
http://www.hhs.gov/od
. 
[38] See
http://www.doleta.gov/
http://www.doleta.gov/
.  This page also discusses the awarding of millions of dollars in grants to expand the Disability Program Navigator effort to serve job seekers with disabilities.
[39] See the One-Stop Toolkit for Serving People with Disabilities: 
http://www.onestoptoolkit.org/
http://www.onestoptoolkit.org/
. 
[40] See
http://www.socialsecurity.gov/work/ServiceProviders/WIPADirectory.html#service
http://www.socialsecurity.gov/work/ServiceProviders/WIPADirectory.html#service
. 
[41] See
http://www.disabilitybenefits101.org/planning/(S(m4egvevwocgutmqoq3g1sbav))/index.aspx
http://www.disabilitybenefits101.org/planning/(S(m4egvevwocgutmqoq3g1sbav))/index.aspx
. 
[42] See
http://www.JSAJobs.gov
http://www.JSAJobs.gov
.  Each federal agency also has internal websites posting current job vacancies.
[43] See
http://www.opm.gov/disability/appointment_disabilities.asp
http://www.opm.gov/disability/appointment_disabilities.asp
. 
[44] See
http://www.opm.gov/disability
http://www.opm.gov/disability
. 
[45] See 5 C.F.R. Part 213.3102(u): 
http://www.opm.gov/fedregis/2006/71-072606-42246-a.htm
http://www.opm.gov/fedregis/2006/71-072606-42246-a.htm
. 
[46] The term "mental retardation" is used instead of "cognitive disability," "developmental disability," or "intellectual disability," because it is the official terminology used in the authorized Executive Order 12215, dated March 15, 1979.  See Id. at Note 34.
[47] To view a national directory of state vocational rehabilitation agencies, see
http://www.jan.wvu.edu/SBSES/VOCREHAB.htm
http://www.jan.wvu.edu/SBSES/VOCREHAB.htm
.
[48] Id. at Note 34.
[49] See
http://www.opm.gov/veterans/html/vetsinfo.asp#Special
http://www.opm.gov/veterans/html/vetsinfo.asp#Special
. 
[50] See
http://www.va.gov
http://www.va.gov
. 
[51] See
http://www.vetsuccess.gov/
http://www.vetsuccess.gov/
. 
[52] See
http://www.vetbiz.gov
http://www.vetbiz.gov
.
[53] For a useful Question and Answer document for hiring managers within the federal government, see
http://www.opm.gov/disability/appointment_disabilities.asp
http://www.opm.gov/disability/appointment_disabilities.asp
. 
[54] An online directory of Selective Placement Program Coordinators in every state as submitted by agencies to the U.S. Office of Personnel Management may be found at
http://apps.opm.gov/sppc_directory/
http://apps.opm.gov/sppc_directory/
.  Any information found either to be inaccurate or out of date should be brought to the attention of Kitty Kobert at Kitty.Kobert at opm.gov. 
[55] See
http://www.eeoc.gov/press/10-4-06.html
http://www.eeoc.gov/press/10-4-06.html
.
[56] The Consortium is led by a steering committee, currently comprised of five co-equal agencies:  The U.S. Department of Commerce (Jennifer Croft - JCroft at doc.gov), U.S. Department of Education (Joseph DePhillips - Joseph.DePhillips at ed.gov), U.S. Department of Labor (Akinyemi Banjo - Banjo.Akinyemi at dol.gov), U.S. Department of Transportation (Alison Levy - Alison.Levy at dot.gov), and U.S. Department of the Treasury (Jay Young - Jay.Young at occ.treas.gov). 
[57] See
http://www.Guidestar.org
http://www.Guidestar.org
. 
[58] See
http://salaries.com.33496.fb.dbbsrv.com/
http://salaries.com.33496.fb.dbbsrv.com/
. 
[59] To locate a national registry of certified sign language interpreters, located in communities around the country, see
http://www.rid.org
http://www.rid.org
.
[60] See
http://www.ada.gov/taxpack.htm
http://www.ada.gov/taxpack.htm
. 
[61] See
http://www.boozallen.com/about/article/16575149
http://www.boozallen.com/about/article/16575149
. 
[62] See
http://www.dol.gov/odep/pubs/ek00/small.htm
http://www.dol.gov/odep/pubs/ek00/small.htm
.  Also see
http://www.smallbusinessnotes.com/interests/disabled.html
http://www.smallbusinessnotes.com/interests/disabled.html
. 
[63] See
http://www.dol.gov/opa/media/press/odep/ODEP2003858.htm
http://www.dol.gov/opa/media/press/odep/ODEP2003858.htm
. 
[64] See the homepage of the U.S. Business Leadership Network, a national organization of for-profit businesses that is committed to doing its part to remove physical, programmatic, and attitudinal barriers to full participation by people with disabilities based on the business case for marketing to and serving the disability community: 
http://www.usbln.org
http://www.usbln.org
. 
[65] See
http://www.jan.wvu.edu/media/JANFacts.html
http://www.jan.wvu.edu/media/JANFacts.html
.
[66] See
http://www.jan.wvu.edu
http://www.jan.wvu.edu
. 
[67] See
http://www.vetsuccess.gov/
http://www.vetsuccess.gov/
. 
[68] In order to facilitate greater coordination between offices for students with disabilities and career services offices, Career Opportunities for Students with Disabilities was founded to centralize best practices, exchange information and ideas, and spawn greater opportunity for people with disabilities to participate in the economic lives of their communities.  See
http://www.cosdonline.org
http://www.cosdonline.org
.
- - - - - - - - - -
Olegario D. Cantos VII, Esq.
Special Counsel to the Assistant Attorney General
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Room 5539
Washington, DC   20530
(202) 514-8191 (Voice)
(202) 514-0716 (TTY)
(202) 307-2839 (Fax)
Ollie.Cantos at usdoj.gov