EEOC, experts offer guidance on reaching disability hiring goals
Experts from the Equal Opportunity Employment Commission and the Employer Assistance and Resource Network held a Twitter chat on April 19 to discuss problems an...
A rule passed in January raised the bar for disability hiring. Now agencies are trying to figure out how to reach that goal.
During an April 19 Twitter chat, experts from the Equal Opportunity Employment Commission and the Employer Assistance and Resource Network discussed problems and solutions in implementing a rule regarding the hiring of people with disabilities.
The rule codifies executive orders and management directives related to Section 501 of the Rehabilitation Act, which blocks agencies from discriminating against people with disabilities, and requires agencies to maintain and continually update affirmative action plans to ensure the federal government is hiring and promoting individuals with disabilities.
The final rule requires agencies to boost the number of their employees who have a disability and employees who have a “targeted disability” — such as deafness — and provide personal assistance services to employees who need it.
EARN kicked things off by asking feds what roadblocks they’ve experienced in trying to increase disability hiring.
shf71888 #FEDinclusion not just misinformation about Schedule A but also misunderstanding of its purpose
— Malcolm Stuart (@MalcolmKStuart) April 19, 2017
Schedule A is a hiring authority that allows agencies to offer preference to individuals with disabilities.
A1: Employment goals are the best mechanism to ensure hiring & retention of PWDs & PWTDs. https://t.co/UFaAupJldG #FedInclusion
— Chai Feldblum (@chaifeldblum) April 19, 2017
Q1: @DoDCAP addresses limitations caused by disabilities by providing accommodations that help complete essential job tasks #FedInclusion https://t.co/mrjBpszFnG
— DoD CAP (@DoDCAP) April 19, 2017
The rule calls for agencies to adopt the goal of having 12 percent of their GS-levels represented by people with disabilities and 2 percent comprised of people with targeted disabilities.
A3: Goals span across workforce, not just hiring, ensures focus on retention & promotion #FedInclusion
— Chai Feldblum (@chaifeldblum) April 19, 2017
A3: OPM’s SF-256 now has same targeted dis. as updated §501 reg; but SF-256 measures new hires only. https://t.co/8v7WkZIrHe. #Fedinclusion
— Chai Feldblum (@chaifeldblum) April 19, 2017
The SF-256 is an optional form that prospective or current employees can choose to fill out, self-identifying as disabled. The Office of Personnel Management uses these forms to compile its disability hiring statistics.
But encouraging employees to self-identify as having a disability can be a point of concern with agencies. Toward that end, EEOC and OPM will be conducting a survey in July, and offered assurances that the information self-identification will be kept confidential.
@AnjaliPatelJD In July, #OPM & #EEOC will launch a resurvey campaign stay tuned! #FEDinclusion
— EEOC_OFO (@EEOC_OFO) April 19, 2017
#FedInclusion. Employees shd know that if they self-identify as a PWD, the info stays confidential. https://t.co/FZE2LN4OBy
— Chai Feldblum (@chaifeldblum) April 19, 2017
#FedInclusion. It’s easier for employees to self-identify if the workplace is clearly welcoming of PWDs. https://t.co/FZE2LN4OBy
— Chai Feldblum (@chaifeldblum) April 19, 2017
Agencies and experts also offered a number of different ways agencies can and, in some cases, have already begun to increase recruitment and hiring of people with disabilities.
A4. Ensure your eRecruiting tech is accessible. PEAT’s TalentWorks resource offers guidance: https://t.co/KLRyGfBkoH #FedInclusion
— PEAT (@PEATWorks) April 19, 2017
Great Q. Tell managers their performance expectations includes understanding & using Schedule A. #FedInclusion https://t.co/v1rhyNi84c
— Chai Feldblum (@chaifeldblum) April 19, 2017
@AskEARN A4: USCIS has established partnership with Gallaudet University for the deaf and HOH and recruits often from there. #FedInclusion
— Malcolm Stuart (@MalcolmKStuart) April 19, 2017
@AskEARN A4: #TickettoWork service providers may be able to help w/ recruitment. #FedInclusion https://t.co/DlHPDNqO7F
— Choose Work – SSA (@chooseworkSSA) April 19, 2017
A4: @DoDCAP provides trainings that help federal agencies address PWDs-which in turn may increase advancement and retention #FEDInclusion
— DoD CAP (@DoDCAP) April 19, 2017
Agencies can also use existing authorities and programs to recruit and hire students with disabilities.
@EllenRita220 @chaifeldblum Great question! No specific programs for HS students but existing student hiring programs can be use 2 hire HS w/disabilities #FEDinclusion
— EEOC_OFO (@EEOC_OFO) April 19, 2017
We’d like agencies to connect w/local groups that can help do that. RT @EllenRita220: Does Fed Govt hire SWD out of HS? #FedInclusion
— Chai Feldblum (@chaifeldblum) April 19, 2017
Chai Feldblum, the commissioner of the EEOC, also said agencies should:
- use the Schedule A hiring authority.
- use the Labor Department’s Workforce Recruitment Program.
- use OPM’s Shared List for people with disabilities
- share job vacancies with disability organizations so people with disabilities are aware of and have the opportunity to apply for positions.
- have sufficient staff to answer disability-related questions.
- have a reasonable accommodation system for applicants and employees.
- provide advancement opportunities for people with disabilities.
- maintain strong enforcement against disability-based discrimination.
Another suggestion is that agencies could create a fund to help pay for the required personal assistance services.
@AskEARN A5: USCIS has a central fund managed by our accommodations program #FEDinclusion
— Malcolm Stuart (@MalcolmKStuart) April 19, 2017
Sweet. So does EEOC. RT @MalcolmKStuart: A5: USCIS has a central fund managed by our accommodations program #FEDinclusion
— Chai Feldblum (@chaifeldblum) April 19, 2017
The agency said no specific quotas on disability hiring will be imposed, but EEOC and OPM will be looking for “good faith” efforts to achieve agency goals.
A8 If attempt in good faith, we continue working w/the agency. No good faith, report specific noncompliance to Congress.
#FEDinclusion— EEOC_OFO (@EEOC_OFO) April 19, 2017
Q8. #FedInclusion Section 501 rule makes clear that failing to meet an employment goal is not enough for EEOC to disapprove an AA plan.
— Chai Feldblum (@chaifeldblum) April 19, 2017
Q8. #FedInclusion BUT we want to see that if an agency has not meet their goals that they have plans for improvement..
— Chai Feldblum (@chaifeldblum) April 19, 2017
@EEOC_OFO what does a good faith attempt look like? How do we measure this? Is there any quota? #FEDinclusion
— URA (@utahrehabassoc) April 19, 2017
No quotas. Aspirational goals. RT @utahrehabassoc: what does good faith attempt look like? Is there any quota? #FEDinclusion
— Chai Feldblum (@chaifeldblum) April 19, 2017
EEOC said it would be updating reporting requirements to match the final rule, and that the regulation becomes effective Jan. 3, 2018.
A7 EEOC will update MD-715 to ensure 501 reqs are properly reported. Also, check our final rule. https://t.co/1KeA5x2vfW
#FEDinclusion— EEOC_OFO (@EEOC_OFO) April 19, 2017
Updated Section 501 reg becomes effective Jan. 3, 2018. https://t.co/fgDviZsnGH #FedInclusion
— Chai Feldblum (@chaifeldblum) April 19, 2017
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Daisy Thornton
Daisy Thornton is Federal News Network’s digital managing editor. In addition to her editing responsibilities, she covers federal management, workforce and technology issues. She is also the commentary editor; email her your letters to the editor and pitches for contributed bylines.
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