Accessing Opportunity: The Plan for Employment of People With Disabilities in the Federal Government

U.S. Office of Personnel Management

Accessing Opportunity
The Plan for Employment of People With Disabilities in the Federal Government

As the 21st century approaches, scientific and technological advances are giving rise to new industries and occupations unheard of only a decade ago. As these advances occur, new employment opportunities are becoming plentiful. However, the majority of working-age individuals with severe disabilities have not shared in this employment prosperity.

The Federal government has a statutory obligation to engage in affirmative action with respect to the hiring, placement and advancement of individuals with disabilities. In undertaking this statutory obligation, departments and agencies must consult Management Directives issued by the Equal Employment Opportunity Commission (EEOC). Copies of the Management Directives can be obtained by calling (202) 663-4599. The Federal government is committed to taking the lead in charting a public policy that provides clear direction to both the public and private sectors.

To this end, the President signed Executive Order 13078 on March 13, 1998, establishing the Presidential Task Force on Employment of Adults with Disabilities. The Task Force's mission is to create a coordinated and aggressive national policy to bring adults with disabilities into gainful employment at a rate as close as possible to that of the general adult population. On November 15, 1998, the Task Force issued its first report, "Recharting the Course." On December 14, 1998, Vice President Gore accepted the report on behalf of the Administration, and directed the U.S. Office of Personnel Management (OPM) to develop a plan to increase the representation of adults with disabilities in the Federal workforce. This Plan will help ensure that departments and agencies:

OPM provides this Plan for government-wide use as part of its ongoing support of and commitment to the President's and Vice-President's goal of making the Federal government a model employer of people with disabilities. Experience has shown that government-wide programs and initiatives require the dedicated and sustained commitment of department and agency leadership. This Plan will assist Federal employers in fulfilling their commitment to become model employers of people with disabilities.

In developing targeted recruitment strategies for people with disabilities, Federal employers will recruit widely and develop collaborative efforts with community outreach groups. By working together, the use of resources would be maximized while attracting highly-qualified persons with disabilities at all levels.

OPM will develop a collection of "best practices" in the public and private sectors of successful recruitment efforts of people with disabilities. Information will be shared with Federal departments and agencies, other public entities, and interested parties.

OPM will also share information through OPM Service Center "messengers." These messengers will serve as liaisons between the Plan and the community and Federal departments and agencies. They will also work closely with Federal Executive Boards, Federal Executive Associations, and Personnel (or Human Resources) Councils to disseminate information about planned efforts and best practices.

Federal employers will review internal human resource policies to ensure that every flexibility is considered in areas such as alternative work schedules and job sharing. They will also disseminate employment and other information in alternate formats such as large print, audio cassette, Braille, computer disk, or accessible Internet sites.

Departments and agencies should explore ways to recruit from all sources when filling positions, including those in the Senior Executive Service and managerial and supervisory positions at grades GS-13 to 15, in order to attract candidates with disabilities from inside and outside the Federal government.

Departments and agencies should use a variety of resources and networks available to them to remove barriers to employment and assist them in actively recruiting people with disabilities. These resources include but are not limited to the following:

The Job Accommodation Network (JAN) will help Federal employers receive expert accommodation information easily before, during, and after the recruitment process. JAN is a confidential service which allows any manager or employee to receive individualized information on his or her accommodation issue. It is run by the President's Committee on Employment of People with Disabilities (PCEPD), and may be reached at (800) 526-7234.

The Workforce Recruitment Program for College Students with Disabilities (WRP) is one source Federal employers may tap for potential employees. The WRP is managed by the President's Committee on Employment of People with Disabilities (PCEPD) and the Department of Defense. It is a resource used to connect public or private sector employers nationwide with highly-motivated post-secondary students and recent graduates with disabilities. The WRP has two long-term goals: (1) to provide college students with disabilities the opportunity to obtain summer employment which may lead to permanent employment in the Federal or private sector; and (2) to break down attitudinal barriers held by employers and co-workers by demonstrating that people with disabilities can work successfully in a variety of jobs. Employers may access the candidate database by contacting their agency's WRP representative.

Project ABLE (Able Beneficiaries' Link to Employers) is a national resume bank which provides any employer an easily-accessible applicant pool of qualified job-ready individuals. These individuals receive Social Security or Supplemental Security Income disability benefits and are prepared to work. Employers may request resumes--

Federal employers may also access Project ABLE by dialing OPM's Automated Applicant Referral System at (912) 757-3150. A valid agency identification code is needed to access the system; it may be obtained by calling (912) 744-2085. For more information on Project ABLE, please contact the Social Security Administration at (410) 965-9040, TTY (410) 966-6210, or through Internet at: www.ssa.gov/odhome/odderp/P_Able.htm.

State Vocational Rehabilitation Agencies (SVRAs) and the U.S. Department of Veterans Affairs (VA) are also potential recruitment sources. They provide counseling, evaluation, training and other services to individuals with disabilities, including disabled veterans.

For more information and to locate the nearest VA facility, please access the department's website at: http//www.va.gov/stations97/guide/home.asp?DIVISION=ALL. Also, telephone numbers may be found in the government blue pages section of the local telephone directory.

Department or agency-wide memoranda to increase the number of people with disabilities in the Federal workforce will be distributed within their respective agencies. Employees will also appreciate knowing what efforts are currently underway to increase the number of people with disabilities in their own departments or agencies. To support department and agency efforts, OPM is available to provide government-wide or agency-specific data.

OPM will help educate Federal employers on various recruiting and hiring options available to employ people with disabilities. The first step is issuing People with Disabilities in the Federal Government: An Employment Guide as a companion piece to this plan. Copies of the guide may be obtained from OPM's website, www.opm.gov. Persons with disabilities may request copies in alternate formats by calling (202) 606-1059 (voice) or (202) 606-0023 (TTY).

Federal employers will educate and train managers and supervisors on various hiring programs and resources available to them in recruiting, promoting, and retaining employees with disabilities. An initial survey regarding familiarity with these programs may help identify specific training needs.

OPM will continue to work with departments and agencies on the use of the special appointing authorities available to them when employing people with disabilities. These special appointing authorities include:

Schedule A, 5 CFR 213.3102(ll) for hiring readers, interpreters, and personal assistants. This excepted authority is used to appoint readers, interpreters, and personal assistants for employees with severe disabilities. After one year of satisfactory service, they may qualify for conversion to permanent status.

Schedule A, 5 CFR 213.3102(t) for hiring people with mental retardation. This excepted authority is used to appoint persons with cognitive disabilities (mental retardation). They may qualify for conversion to permanent status after two years of satisfactory service.

Schedule A, 5 CFR 213.3102(u) for hiring people with severe physical disabilities. This excepted authority is used to appoint persons with severe physical disabilities who have demonstrated satisfactory performance through a temporary appointment, or have been certified as likely to succeed in performing the duties of the job. After two years of satisfactory service, they may qualify for conversion to permanent status.

Schedule B, 5 CFR 213.3202(k) for hiring people who have recovered from mental illness. This excepted authority is used to appoint persons who are certified that they are at a severe disadvantage in obtaining employment because of disrupted employment due to hospitalization or outpatient treatment for psychiatric disabilities. Certification also ensures that they are capable of functioning in the positions for which they will be appointed, and that any residual disabilities are not job-related.

Note: OPM will issue regulations implementing Executive Order, No. 13124, dated June 4, 1999, providing persons with psychiatric disabilities the same employment opportunities as persons with mental retardation or severe physical disabilities. Until the regulations are final, agencies may continue to use 5 CFR 213.3202(k) and any other appropriate excepted service appointing authorities to appoint persons with psychiatric disabilities.

5 CFR 315.604 for hiring disabled veterans enrolled in a VA training program. This authority is used to hire veterans with disabilities who are eligible for training under the Department of Veterans Affairs (VA) vocational rehabilitation program (38 U.S.C. chapter 31). The veterans may enroll for training or work experience at an agency under the terms of an agreement between the agency and VA. While enrolled in the VA program the veterans are not Federal employees for most purposes, but are beneficiaries of the VA. Upon successful completion, the host agency and VA give the veterans Certificates of Training showing the occupational series and grade levels of the positions for which trained. The Certificates of Training allows any agency to appoint the veterans non-competitively under a status quo appointment which may be converted to permanent status at any time. (The Rehabilitation Act of 1973, as amended, provides that Federal departments and agencies should initiate efforts with State vocational rehabilitation agencies to develop and enter into work experience agreements similar to those available for disabled veterans under 5 CFR 315.604.)

5 CFR 316.201(b) for hiring worker-trainees for programs such as the Welfare to Work program. In his memorandum, dated March 8, 1997, the President directed Federal agencies to expand the use of the worker-trainee authority, under TAPER (temporary appointment pending establishment of a register) and other excepted service hiring authorities to appoint welfare recipients to entry-level positions. Accordingly, Federal agencies may utilize the worker-trainee authority as a vehicle to further its Welfare to Work programs.

5 CFR 316.302(b)(5) and 5 CFR 316.402(b)(5) for hiring 30 percent or more disabled veterans. These authorities are used to hire veterans who are 30 percent or more disabled under temporary appointments of more than 60 days, or term appointments. The veterans must have retired from active military service with a 30 percent or more disability rating, or be rated by the Department of Veterans Affairs within the preceding year as having a compensable service-connected disability of 30 percent or more. The department or agency may convert these individuals to permanent status at any time during the appointment.