Disability Employment Information Guide

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Disability Employment Information Guide

A Guide to Rights, Responsibilities, Programs & Services

Introduction

The purpose of this publication is to provide a succinct guide

to state and federal laws, policies, and programs that impact

employment outcomes of persons with disabilities. This is

intended to be a resource for employers, persons

with disabilities, government officials, advocates, and

anyone in-terested in disability employment issues.

Federal Laws & Regulations

Americans with Disabilities Act (ADA)

Enacted in 1990, the ADA is arguably the most significant

federal civil rights law prohibiting discrimination against

persons with disabilities. The ADA is divided into Five (5)

Titles by covered entity:

Title I Employment

Title II State & Local Governments

Title III Public Accommodations

Title IV Telecommunications

Title V Miscellaneous

The ADA’s general non-discrimination

requirements apply to covered entities

across all five titles. Entities:

Must ensure equal opportunity.

May not use discriminatory

eligibility criteria.

Must make reasonable modifications.

May not retaliate against a person for

filing a complaint or charge of discrimination, or for

participating in an employment discrimination investiga-

tion or lawsuit.

Title I covers private employers with 15 or more employ-

ees. Title II extends this coverage to all state and local

government employers regardless of number of employees.

Titles I & II:

Require covered employers to provide qualified individu-

als with disabilities an equal opportunity to benefit from

the full range of employment-related opportunities avail-

able to others

Make it illegal for a covered employer to discriminate

against a qualified person with a disability or record of a

disability, or a qualified individual who is regarded as

having a disability.

Require that employers reasonably accommodate the

known physical or mental limitations of a qualified appli-

cant or employee with a disability unless the accommo-

dation would result in an undue financial or administra-

tive hardship, i.e. significant difficulty or expense, or the

elimination of an essential function of the employee’s

job; or a direct threat to health or safety.

President George H.W. Bush Signs

the Americans with Disabilities Act,

July 26, 1990.

The ADA Amendments Act of 2008 (ADAAA)

The ADAAA became effective in 2009. and made a number of

significant changes to the definition of “disability” under the

ADA, making it easier for an individual seeking

protection under the ADA to meet the definition of “disability.”

Enforcement: Title I (15 or more employees): Equal Employ-

ment Opportunity Commission (EEOC)

Title II (state or local government): U.S. Department of Justice

(DOJ)

Sections 501 and 505 of the Rehabilitation Act of 1973

prohibit employment discrimination and retaliation against a

qualified person with a disability working in the federal gov-

ernment sector. Enforcement: Agency's Equal Employment

Opportunity Office

Section 503 of the Rehabilitation Act of

1973 prohibits employment discrimination

by federal contractors and subcontractors

against individuals with disabilities and

requires affirmative action in hiring per-

sons with disabilities when the employer

has a contract or subcontract with the

federal government in excess of $10,000.

Enforcement: U.S. Department of Labor,

Office of Federal Contract Compliance

Programs (OFCCP).

Section 504 of the Rehabilitation Act of

1973 prohibits recipients of federal finan-

cial assistance from discriminating

against qualified individuals with disabilities in employment

and all other programs and activities. Enforcement: Office of

Civil Rights at the agency providing the funds, or the U.S.

Department of Justice, Civil Rights Division.

Section 188 of the Workforce Investment Act of 1998

(WIA) prohibits disability discrimination in employment or in

provision of services by any organization or entity receiving

Federal financial assistance under WIA or by any program or

activity under the One-Stop job training system by a One-

Stop partner. Enforcement: U.S. Department of Labor, Civil

Rights Center.

Genetic Information Nondiscrimination Act (GINA) prohib-

its discrimination and retaliation against employees or

applicants based on genetic information. Enforcement:

Equal Employment Opportunity Commission (EEOC).

Workforce Innovation and Opportunity Act (WIOA) is

designed to improve employment services for individuals with

disabilities through various reforms to increase individuals’

access to services and prepare them for competitive integrat-

ed employment.

Disability Employment Data

MOD commissioned a report on Disability and Worker

Characteristics for Massachusetts in 2016. The following

information is taken from this report.

According to 2014 American Community Survey data

provided by the U.S. Census Bureau, there are approx.

773,146 persons with disabilities (PWD), in Massachusetts.

Approx. 399,206 are working age PWDs. Of those, 170,856

are in the Labor Force and 228,350 are not in the Labor

Force. Approx. 141,899 or 83% of working age PWDs in the

labor force are employed and 28,957 (17%) are

unemployed.

Glossary of Terms

Disability: The United States Department of Justice defines a

person with a disability as someone who: has a physical or

mental impairment that substantially limits one or more major

life activities of such individual, or has a record of such an

impairment, or is regarded as having such an impairment.

Qualified Individual with a Disability: An individual with a

disability who is able to perform the essential functions of the

job with or without reasonable accommodation.

Reasonable Accommodation: a modification or adjustment

to a job, the work environment, or the way things are typically

done to enable a qualified individual with a disability to enjoy

an equal employment opportunity.

Equal Employment Opportunity An opportunity to attain the

same level of performance or to enjoy equal benefits and priv-

ileges of employment as are available to an average similarly-

situated employee without a disability.

Interactive Process: A dialogue between an employer and

an employee or applicant with a disability to determine wheth-

er there is a reasonable accommodation that would enable

the individual to perform the essential functions of the job or

participate in the application process.

Essential Function: The basic job duties that an employee

must be able to perform, with or without reasonable accom-

modation.

About MOD

The Massachusetts Office on

Disability (MOD) was created by

M.G.L. Chapter 6 Section 185

with the primary mission of

ensuring the full and equal participation of all people with dis-

abilities in all aspects of life. MOD works on employment

issues in a variety of ways by providing:

Training for employers on their obligations under the ADA

and M.G.L. Ch. 151B.

Training and technical assistance to Executive Branch

ADA Coordinators.

Information and referral for individuals on employment

rights, programs, resources, and services.

Advocacy for individuals around disability discrimination

in employment.

Advocacy and information for consumers of Vocational

Rehabilitation and Independent Living services through

the Client Assistance Program (CAP).

Connect with us:

The Massachusetts Office On Disability

1 Ashburton Place, Room 1305

Boston, MA 02108

Phone: 617 727-7440, Web: www.mass.gov/mod

Blog.mass.gov/mod @MassDisability

ADA Design Standards

The 2010 ADA Design Standards requires, Under Section

203.9, that “employee work spaces shall be designed and

constructed so that individuals with disabilities can approach,

enter, and exit the employee work area.”

The Design Standards discuss “designing employee work

areas to be more accessible at the outset will avoid more

costly retrofits when cur-

rent employees become

temporarily or permanent-

ly disabled, or when new

employees with disabili-

ties are hired.”

Employee work areas

shall also comply with: 206.2.8 – addresses circulation paths;

207.1 – addresses Means of Egress; and 215.3 – addresses

the capability of adding visible alarms.

Under the Definition of “Employee work areas, corridors, toilet

rooms, kitchenettes and break rooms are considered employ-

ee work areas” and must conform to the Design Standards.

Tax Incentives for Employers

Barrier Removal Tax Deduction is a deduction of up to

$15,000 per year for the removal of architectural and trans-

portation barriers for individuals with disabilities and elders

with mobility issues. Visit www.IRS.gov for details.

Work Opportunity Credit is a tax credit up to 40% of the first

$6,000 of first year wages of a new employee who is part of a

targeted group. Targeted groups include employees with

disabilities and certain unemployed veterans. IRS Form 5884

Disabled Access Credit is a non-refundable credit for small

businesses that incur expenditures for the purpose of

providing access to persons with disabilities. IRS Form 8826

Massachusetts Laws &

Executive Orders

M.G.L. 151B §4

Prohibits any employer in Massachusetts who employs six or

more people from firing, refusing to hire or rehire, or other-

wise discriminating against a qualified disabled person based

on disability. Enforcement: Massachusetts Commission

Against Discrimination www.mass.gov/mcad.

Massachusetts Executive Order 526

Prohibits discrimination and mandates affirmative action to

ensure equal opportunity for people with disabilities by the

Executive Department of the Commonwealth. The require-

ments of this Order apply to state executive agencies’ internal

policies and practices, such as employment and the granting

of licenses, and apply as well to recipients of state funding,

including contract and grant recipients.

Massachusetts Executive Order 559

Establishes the Office of Access and Opportunity within the

Office of the Governor. The Office works to foster non-

discrimination and equal opportunity for all, irrespective of

disability, veteran’s status, or other protected category within

state government. www.mass.gov/anf/employment-equal-

access-disability/

Disability Employment Programs & Services

State

Massachusetts Office on Disability (MOD) Client

Assistance Program (CAP), is a Federal program that ap-

prises people of available services and benefits through Voc.

Rehab. and IL programs. CAP acts as an ombudsman to

consumers of VR and IL services. www.mass.gov/mod.

Executive Office of Labor & Workforce Development

One-Stop Career Centers provide unemployed individuals

with access to a variety of job assistance services, including

career counseling, workshops and short-term training, re-

sume development, and more. www.mass.gov/lwd/

Dept. of Developmental Services (DDS) offers an array of

specialized services and supports for eligible adults with

intellectual disabilities including employment supports which

provide supervision, training, and/or transportation that ena-

ble individuals to get paid jobs. www.mass.gov/dds

Dept. of Mental Health (DMH), the State Mental Health Au-

thority, provides access to services and supports to meet the

mental health needs of individuals of all ages, including skills

training and supported employment. www.mass.gov/dmh

MA Rehabilitation Commission (MRC) Runs the largest

Vocational Rehabilitation (VR) Program to assist individuals

with disabilities to obtain and maintain employment. VR helps

individuals with physical, psychiatric and/or learning disabili-

ties face the challenges of the modern workplace.

www.mass.gov/mrc

MA Commission for the Blind (MCB) provides the highest

quality rehabilitation and social services to blind individuals,

leading to independence and full community participation.

www.mass.gov/mcb

Dept. of Veterans’ Services provides various programs and

services to assist veterans to find employment or training,

including resources and training for veteran business owners,

Veterans Employment & Training Services (VETS) Program,

VA Vocational Rehabilitation, Troops to Teachers, and more.

www.mass.gov/veterans/

MA Commission for the Deaf & Hard of Hearing

(MCDHH), the principal agency in the Commonwealth on

behalf of people of all ages who are deaf or hard of hearing,

provides services including the Transition to Work Program

which works to prepare Deaf and hard of hearing youth for

transition to the workplace. www.mass.gov/mcdhh

Department of Transitional Assistance (DTA) administers

the Employment Services Program (ESP), a joint federal

and state funded program whose primary goal is to assist

clients in finding jobs, resolving barriers to employment and

providing a way to self-sufficiency. www.mass.gov/dta

The Rehabilitation

Act signed into law

Wagner-O’Day Act passes,

requires federal agencies to

purchase certain products

made by blind individuals

President Truman declares the first week in

October “National Employ the Physically

Handicapped Week,” since renamed “National

Disability Employment Awareness Month,”

amidst increased public interest in the

employment of disabled World War II veterans.

League for the Physically

Handicapped forms in New York City to

protest employment discrimination by

the Works Progress Administration

(WPA) and draws national attention to

the issue of disability employment.

Ticket to Work and Work

Incentives Improvement Act signed

Goal is to support SSDI and SSI

beneficiaries in transitioning to

financial independence through

employment.

U.S. Supreme Court rules that segregation of

people with disabilities is discriminatory when

integration is an appropriate option in

Olmstead v. L.C., leads to the phasing out of

“sheltered workshops.”

Americans with Disabilities Act

is passed. Title I of the ADA

prohibits disability

discrimination in employment.

Smith-Fess Act

creates the Vocational

Rehabilitation Program

The nation’s first

Independent

Living Center

founded

The Employment Opportunities

for Disabled Americans Act

improves work incentives for

SSI recipients.

Executive Order 526

(formerly 478) requires non-

discrimination, diversity,

equal opportunity and

affirmative action: within state

government employment.

The Equal Employment

Opportunity Commission is created

by the Civil Rights Act of 1964 to

address discrimination in

employment.

M.G.L. 151B requires

non-discrimination in

employment.

Discrimination on the basis

of disability is added to the

jurisdiction of the

Massachusetts Commission

Against Discrimination.

Amendments to the Rehabilitation

Act stress employment as the primary

goal of VR by ordering “presumptive

employability,” and requiring that

consumers be afforded increased control

in defining their VR goals.

U.S. Business Leadership Network formed,

leads national movement to include disability

as part of workplace inclusion initiatives.

1920

1935

1938

1945 1964

1973

1972

1983

1984

1986

1990

1992 1999

2007

1999

1992

Federal

Schedule A refers to the non-competitive process of hiring

candidates with disabilities into federal jobs.

www.usajobs.gov/Help/working-in-government/unique-hiring-

paths/individuals-with-disabilities/

Workforce Recruitment Program (WRP) is a recruitment

and referral program that connects federal and private sector

employers nationwide with highly motivated college students

and recent graduates with disabilities who are eager to prove

their abilities in the workplace through summer or permanent

jobs. www.wrp.gov

The Job Accommodation Network (JAN), offers assistance

to individuals with disabilities interested in self-employment

and entrepreneurship. www.AskJAN.org.

Ticket to Work Program helps Social Security beneficiaries

with disabilities transition to financial independence through

employment, while maintaining health coverage. Jobseekers

can “assign their tickets” to a designated Employment Net-

work in their area for assistance and support.

https://www.ssa.gov/work/

Social Security Work Incentives make it possible for people

with disabilities receiving Social Security or Supplemental

Security Income to work and still receive monthly payments

and Medicare or Medicaid. www.ssa.gov/disabilityresearch/

workincentives.htm