From May 13 to May 27, 2013, the U.S. Departments of Labor, Education, Health and Human Services, and the Social Security Administration will host a public online dialogue on federal agency strategies for helping youth with disabilities successfully transition from school to work. The dialogue will seek to identify federal legislative and regulatory barriers and opportunities to improve transition outcomes and to foster the alignment of agencies’ policies, programs, and practices that support successful transitions. The dialogue will be open to the public. Online registration began May 7, 2013. From May 13 to 27, participants will be able to submit ideas, submit comments about ideas, and rate ideas. The dialogue will be facilitated. Once the dialogue has closed, a summary report will be made public.
Category Archives: Employment
Read about employment issues as they relate to The Arc’s public policy.
Historic Verdict on Behalf of Workers with Intellectual Disabilities
Thirty-two men with intellectual and developmental disabilities each were awarded $2 million in punitive damages and $5.5 million in compensatory damages by an Iowa jury for discrimination and harassment they endured while working at Henry’s Turkey Farm. The Equal Employment Opportunity Commission filed the case against Henry’s Turkey Farm alleging discrimination and harassment for the treatment they received while working at a turkey processing plant in West Liberty, Iowa. For decades, Henry’s sent hundreds of men with I/DD from Texas to Iowa to work for 41 cents an hour. The men lived in a 100-year old Atalissa school building that had been converted to a bunkhouse. The Atalissa operation was closed down in 2009. The Equal Employment Opportunity Commission (EEOC), which filed the case, was restricted to the final two years of operation limiting the number of workers who could seek compensation. The settlement is groundbreaking in that the jury put a value on the lives of men with I/DD comparable to that of men without disabilities.
Settlement Reached in Employment Discrimination Lawsuit on Behalf of an Employee with an Intellectual Disability
The Equal Employment Opportunity Commission (EEOC) entered into a settlement agreement with Alia Corporation, a franchisee with over 20 fast-food chain restaurants in central California, to settle an employment discrimination lawsuit on behalf of an employee with an intellectual disability. Derrick Morgan was a good employee who was promoted by previous management from crew member to supervisor. When Alia took over, Mr. Morgan was demoted, his hours were cut, and his hourly wages were reduced. He was forced to find other employment and resign.
The three-year consent decree requires Alia to hire an equal employment opportunity monitor, establish anti-discrimination policies and procedures, develop a complaint process, track complaints, and provide training to human resources and management employees. Alia agreed to pay Mr. Morgan $100,000.
New Data on Barriers to Work Among People with Disabilities
The Department of Labor, Bureau of Labor Statistics has issued a press release summarizing new data from a Current Population Survey supplement looking at barriers to employment among people with disabilities. As of May, 2012, over half of people with disabilities who were not working reported having one or more barriers to work. The three most commonly self-reported barriers were a person’s own disability, lack of training or education, and the need for special features at the job. About half of respondents with disabilities who worked reported having some difficulty completing their work duties because of their disability. Employed persons with disabilities were more likely (compared with persons with no disability) to have requested a change in their workplace to do their job better, to work at home, and to have flexible work schedules.
Gang of 8 Introduces Bipartisan Immigration Bill
The Border Security, Economic Opportunity, and Immigration Modernization Act was introduced by a bipartisan group of eight Senators. The Senate “Gang of 8” includes Senators Charles Schumer (D-NY), John McCain (R-AZ), Dick Durbin (D-IL), Jeff Flake (R-AZ), Robert Menendez (D-NJ), Lindsey Graham (R-SC), Michael Bennet (D-CO), and Marco Rubio (R-FL). The bill includes a 13-year pathway to citizenship for the approximately 11 million undocumented individuals. It increases the number of visas for high-skilled workers, creates a new “W-visa” category for low-skilled workers and calls for enhanced border security. The bill requires employers to use an improved version of the electronic system, E-Verify, to determine employees’ legal status. The E-verify portion of the law would be phased in according to the number of employees, culminating in coverage of all employers within four years.
The new W-visa program would begin in 2015 and be capped at 20,000 workers. The cap would rise to 75,000 by 2019. Workers could stay for three years with their families. They would be able to apply to renew their visas. There is a change to family visas. Family visas would be available for parents, children and spouses of citizens and permanent legal residents. Eighteen months after enactment of the law, siblings and adult children would no longer be included in that category. Two days after the bill was introduced, despite the fact that it is over 800 pages long and is still being analyzed, the Senate Judiciary Committee held a hearing and has scheduled a second hearing on the bill for April 22.
DOJ Intervenes in Oregon Employment Lawsuit
Last week, the United States moved to intervene in the class action lawsuit, Lane v. Kitzhaber, No. 12-cv-138 (D. Or.). The United States’ complaint in intervention alleges that the State has violated Title II of the ADA and Section 504 of the Rehabilitation Act by unnecessarily segregating thousands of individuals with intellectual and developmental disabilities (I/DD) in sheltered workshops, and by placing them at risk of such segregation, when they could be served in integrated employment settings. Individuals who are at risk of unnecessary segregation include youth with I/DD who are referred for admission to sheltered workshops after graduating from or exiting Oregon secondary schools.
The Department opened an investigation in October 2011 into whether Oregon is violating Title II of the ADA by placing persons with I/DD in segregated sheltered workshops when such persons are capable of working in integrated workplaces with appropriate supports and services, i.e., supported employment. The Center for Public Representation (CPR) and Disability Rights Oregon (DRO), along with two private law firms, filed Lane v. Kitzhaber to challenge segregated workshop placements under Olmstead. On August 6, 2012, the court certified a class defined as “all individuals in Oregon with intellectual or developmental disabilities who are in, or who have been referred to, sheltered workshops” and “who are qualified for supported employment services.” In June 2012, the Division filed a Statement of Interest in support of class certification and issued a Letter of Findings concluding that Oregon’s sheltered workshop system violated Title II of the ADA and Olmstead. This information was provided by The Department of Justice.
House Approves the SKILLS Act
The House approved the Supporting Knowledge and Investing in Lifelong Skills (SKILLS) Act (H.R. 803; introduced by Rep. Virginia Foxx (R-NC)) by a vote of 215 to 202. The legislation would consolidate 35 major workforce development programs, include most major programs authorized under the Workforce Investment Act (WIA), into a Workforce Innovation Fund that would provide funds to state and local workforce investment boards for employment and training programs. States would have the option of consolidating additional programs into the Workforce Innovation Fund; however, states could not consolidate Vocational Rehabilitation programs authorized under the Rehabilitation Act. The bill would also consolidate the Projects with Industry and State Supported Employment Services Programs into the existing Vocational Rehabilitation (VR) State Grants program. The Arc opposes this legislation. There is currently no companion bill in the Senate.
House Approves Bill to Block State TANF Waivers
The House approved the Preserving Work Requirements for Welfare Programs Act (H.R. 890, introduced by Rep. Dave Camp(R-MI)). The bill would prohibit the Secretary of Health and Human Services (HHS) from finalizing, implementing, enforcing, or otherwise taking any action regarding the HHS Information Memorandum (IM) issued July 12, 2012. The IM notified states that HHS would consider state proposals to waive some work participation requirements under Temporary Assistance for Needy Families (TANF) program.
The HHS IM indicated “the Secretary’s willingness to exercise her waiver authority under section 1115 of the Social Security Act to allow states to test alternative and innovative strategies, policies, and procedures that are designed to improve employment outcomes for needy families.” The notice specifies that “HHS will only consider approving waivers relating to the work participation requirements that make changes intended to lead to more effective means of meeting the work goals of TANF.” Examples provided by HHS showed the different types of projects for which a waiver might be granted, including “projects that demonstrate strategies for more effectively serving individuals with disabilities, along with an alternative approach to measuring participation and outcomes for individuals with disabilities.” The Arc supports efforts to secure appropriate supports and services for TANF recipients with disabilities, who are estimated to make up a sizable proportion of TANF recipients.
HELP Committee Holds Hearing on State Leadership in Employment of People with Disabilities
The Senate Committee on Health, Education, Labor and Pensions (HELP) held a hearing on “State Leadership and Innovation in Disability Employment.” Witnesses included the Honorable Jack Markell, Governor of Delaware; Jane Boone, Consultant, State Employment Leadership Network, Washington State; Mike O’Brien, Executive Director, Oklahoma Department of Rehabilitation Services; and Don Uchida, Executive Director, Utah State Office of Rehabilitation. Visit the Committee web site to view testimony and video of the hearing.
House Marks Up Legislation to Block State TANF Waivers
Last week, the House Committee on Ways and Means marked up the Preserving Work Requirements for Welfare Programs Act of 2013 (H.R. 890; introduced by Rep. Dave Camp (R-MI)). The bill would prohibit the Secretary of Health and Human Services (HHS) from finalizing, implementing, enforcing, or otherwise taking any action regarding the HHS Information Memorandum (IM) issued July 12, 2012. The memorandum notified states that HHS would consider state proposals to waive some work participation requirements under Temporary Assistance for Needy Families (TANF) program. The Committee on Ways and Means reported the bill favorably by a vote of 21 to 14; the bill has also been referred to the Committee on Education and the Workforce.
The HHS IM indicated “the Secretary’s willingness to exercise her waiver authority under section 1115 of the Social Security Act to allow states to test alternative and innovative strategies, policies, and procedures that are designed to improve employment outcomes for needy families.” The notice specifies that “HHS will only consider approving waivers relating to the work participation requirements that make changes intended to lead to more effective means of meeting the work goals of TANF.” Examples provided by HHS showed the different types of projects for which a waiver might be granted, including “projects that demonstrate strategies for more effectively serving individuals with disabilities, along with an alternative approach to measuring participation and outcomes for individuals with disabilities.” The Arc supports efforts to secure appropriate supports and services for TANF recipients with disabilities, who are estimated to make up a sizable proportion of TANF recipients.