OFFICE OF THE SECRETARY
Washington, D.C. 20240
May 30, 2000
EQUAL OPPORTUNITY DIRECT NO. 2000-11
TO: Bureau/Office Equal Opportunity Officers
FROM: E. Melodee Stith, Director, Office for Equal Opportunity
SUBJECT: Adding Talent: Hiring and Promoting People with Disabilities in the Federal Government
The Office of Personnel Management issued the subject memorandum to Heads of Departments and Independent Agencies as a reminder that our workforce should reflect the rich diversity of America and provide opportunities to persons of all backgrounds, origins, and abilities. The document outlines all regulatory authorities available to hire people with disabilities. It clearly supports the Department of the Interiors (DOI) Strategic Plan for Improving Workforce Diversity and our vision for a workforce that reflects the nation at all levels and in all occupations. This directive is to reiterate DOI's commitment to enhance our efforts in utilizing the resources, talents, and skills of one of the country's untapped human resources, people with disabilities.
A copy of the subject memorandum is attached for your use and dissemination. This Directive is effective upon receipt.
Attachment
DISTRIBUTION: Bureau and Office Equal Opportunity Officers
INQUIRIES: Robert Jackson, 202-208-5541
EXPIRES: When Superseded
OFFICE OF PERSONNEL MANAGEMENT
WASHINGTON, DC 20415-0001
MAY 1, 2000
MEMORANDUM FOR HEADS OF DEPARTMENTS AND INDEPENDENT AGENCIES
FROM: JANICE
R. LACHANCE
DIRECTOR
Subject: Adding Talent: Hiring and Promoting People with Disabilities in the Federal Government
This is a new era in the quest for talent. Our Government should reflect the rich diversity of America and provide opportunities to persons of all backgrounds, origins, and abilities. It is essential that we use the resources, talents, and skills of one of the country's untapped resources, people with disabilities.
Background
On March 13, 1998, the President issued Executive Order 13078, Increasing Employment of Adults with Disabilities (http://www.opm.gov/employ/disabilities/html/execord.htm) which established a Presidential Task Force on Employment of Adults with Disabilities. The Task Forces mission is to create a coordinated and aggressive national policy to increase the number of gainfully employed adults with disabilities. To make the Federal Government a model employer of people with disabilities, the President asked Federal agencies to review their programs and policies affecting the employment of people with disabilities and take immediate action.
Last October, the President released a landmark plan, "Accessing Opportunity: The Plan for Employment of People with Disabilities in the Federal Government" and its companion employment guide (http://www.opm.gov). OPM developed both documents to provide agencies detailed resources as they recruit, hire, train, and promote people with disabilities. The President directed Federal agencies to implement the plan and use it to both further the representation of people with disabilities and meet their workforce planning needs. We must attract candidates with disabilities from inside and outside the Federal Government. From students to managers and supervisors and senior executives, we must explore ways to recruit from all sources when filling positions.
How to Make It Happen
Many departments and independent agencies are motivated to remove barriers
and increase their participation in special recruitment and hiring initiatives
as well as developmental opportunities. While we have made substantial
progress toward inclusion, we must make better use of hiring authorities,
resources for accommodating people with disabilities, and FTE flexibility.
To hire people with disabilities, Federal departments and agencies can
use any of the many hiring authorities listed in Attachment 1.
• The Student Educational Employment Program allows
for hiring of students attending any accredited high school,
college, or vocational/technical
school year round. Under this flexible hiring program, students can be
appointed
to temporary positions or a work
study (cooperative education) program. The work study program provides
eligibility
for conversion to permanent employment
upon successful completion of educational and program requirements
(5
CFR 213.3202).
In addition, OPM recently proposed regulations that will provide individuals with psychiatric disabilities the same opportunity for conversion into the competitive civil service as employees with other disabilities. We plan to issue final regulations in the summer of 2000.
For permanent and summer recruitment purposes, we recommend use of the Workforce Recruitment Program sponsored by the Presidents Committee for the Employment of People with Disabilities and the Department of Defense. It is a resource for employers nationwide to identify qualified temporary and permanent employees from a variety of fields. Its database contains the resume of more than 1,200 students and recent college graduates with disabilities. Attachment 2 provides more information about the program.
To help accommodate people with disabilities, several Government-wide resources are available. For instance:
• The Department of Defenses Computer/Electronic Accommodations Program
(CAP) provides an extensive
resource directory which is accessible on their web site
at http://www.tricare.osd.mil/cap/resources/resources.htm.
• The Presidents Committee on Employment of People with Disabilities
offers a free resource of up-to-date
information about accommodations networks, devices, and
strategies. The Job Accommodation Network (JAN)
may be accessed by telephone at 1-800-526-7234 or
at
http://janweb.icdi.wvu.edu/english/homeus.htm.
Agencies should not consider FTE limitations a barrier to hiring people with disabilities. The FTE policy, as published in the Presidents Budget, is to provide agencies with flexibility to hire the right numbers of staff to meet program requirements. This policy, which was promulgated by the Office of Management and Budget (OMB), has been in place for several years. Among other things, it allows agencies to participate in special hiring initiatives, such as those focused on summer jobs and students with disabilities.
As Federal employers, we must ensure that people with disabilities are made aware of, and have an equal opportunity to compete for, managerial and executive training or other career development opportunities. In addition, we must review career development and related programs to ensure that no barriers exist for people with disabilities.
Start This Summer
We applaud those agencies that have already made hiring students with disabilities a priority. OPM's own target is to ensure that at least 10 percent of all our summer hires (regardless of thehiring program) are people with disabilities. We challenge you to do the same.
OPM will continue to provide training, technical assistance, and advice to help you understand the Plan, become familiar with the many options available to you, and carry out your responsibilities. Attachment 3 provides information about our next workshop to help agencies implement the plan, which will take place on May 15, 2000.
As President Clinton said: "If America is to continue to grow and prosper, if we are to lead the challenging global economy of the 21st century, we cannot afford to ignore the talents, energy, and creativity of the 54 million Americans with disabilities." Let us work together to make the Federal Government not just the nation's largest employer, but its model employer.
If your staff has any questions, they may call OPM's Office of Diversity on (202) 606-1059.
Attachment 1:Hiring Persons with Disabilities
Attachment 2:Workforce Recruitment Program
Attachment 3:Information about OPM Workshop, "Accessing Opportunity:
The Plan for Employment of People
with Disabilities in the Federal Government"
cc: Directors of Personnel
Directors of EEO/Civil Rights
Managers may use the following authorities specifically to hire people with disabilities:
PEOPLE WITH SEVERE PHYSICAL DISABILITIES
This option has two different appointments:
Option 1 - Leading to Continuing Positions: This program is designed to help qualified physically impaired people obtain employment in positions consistent with their level of skills and abilities, at grades GS-1 to GS-15 or under the Federal Wage System. (5 CFR 213.3102(u))
Requirements:
Persons may be appointed if(l) they have already demonstrated their ability
to perform the position duties satisfactorily on a temporary trial appointment
or (2) they have
been certified by counselors of State Vocational Rehabilitation Agencies
or the Department
of Veterans Affairs as likely to succeed in the performance of the position
duties.
Type of Appointment: Excepted service.
Conversion to Permanent Position: After completing two years of satisfactory
performance, employees may be converted to appointments in the competitive
service.
(5 CFR 3 15.709)
Option 2- Time-Limited Positions: This authority is designed to help qualified people with physical disabilities obtain time-limited employment in positions consistent with their level of skills and abilities at grades GS-1 to GS-15 or under the Federal Wage System. (5 CFR 213.3102 (i)(3))
Requirements: Persons may be appointed when OPM has determined that examining is impracticable.
Type of Appointment: Excepted service.
Conversion
to Permanent Position: There is no provision under this authority for
conversion to a permanent appointment when the time-limited appointment
expires.
However, conversion to appointments which lead to continuing positions,
as described above,
is possible.
PEOPLE WITH MENTAL RETARDATION
This program is designed to promote the full consideration of people with mental retardation for employment in positions where they meet the performance requirements or where the performance requirements can be modified to take advantage of their abilities. (5 CFR 213.3102(t))
Requirements: Persons may be appointed based on certification from
the appropriate State
Vocational Rehabilitation Agency that they have the ability to perform
the position duties, are
physically qualified to do the work without risk to themselves Or others,
and are competent to
maintain themselves in a work environment.
Type of Appointment: Excepted service.
Conversion
to Permanent Position: After completing two years of successful service,
employees may be converted to appointments in the competitive service.
(5
CFR 315.709)
PEOPLE WITH PSYCHIATRIC DISABILITIES
This program is designed to help persons who are certified as at a severe disadvantage in obtaining employment because of disrupted employment due to hospitalization or outpatient treatment for psychiatric disabilities. (5 CFR 2 13.3202(k))
Requirements:
Persons
may be appointed to positions at grades GS-l5 and below if they are
individuals who meet two specific criteria. First, that they are placed
at a severe
disadvantage in obtaining employment because of a psychiatric disability
evidenced by
hospitalization or outpatient treatment and have had a significant period
of substantially
disrupted employment because of the disability. Secondly, they must be
certified to a specific
position by a State vocational rehabilitation counselor or a Veterans Administration
counseling psychologist (or psychiatrist) who indicates that they meet
the severe
disadvantage
criteria stated above, that they are capable of functioning in the positions
to
which
they will be appointed, and that any residual disability is not job related.
Type of Appointment: Excepted service.
Conversion to Permanent Position: Employment of any individual under
this authority
may not exceed 2 years following each significant period of mental illness.
There is no
provision under this authority for conversion to a permanent appointment.
Note: OPM recently proposed regulations that wi//provide individuals with psychiatric disabilities the same opportunities for conversion into the competitive civil service as employees with other disabilities. OPM plans to issue final regulations in the summer of 2000. 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.
DISABLED VETERANS (30% OR MORE)
Veterans with a compensable service-connected disability of 30 percent or more may be appointed at any grade level for which they are qualified. (5 CFR 316.402(b)(4) and 5 CFR 316.302(b)(4))
Requirements:
Veterans who are qualified for the positions must have retired from active
military service with a disability rating of 30 percent or more, or be
rated by the Department
of Veterans Affairs within the last year as having a compensable service-connected
disability
of 30 percent or more. Under this option, persons may be given noncompetitive
temporary
(up to 1 year) or term (more than 1 year but not more than 4 years) appointments.
Type of Appointment: Competitive Service
Conversion
to Permanent Position: Subject to meeting qualifications requirements,
employees hired under this provision may be converted to permanent employment
at any time
provided the time limit of their appointment was for more than 60 days.
(5
CFR 315.707)
Managers may also use the following hiring authorities to hire people with disabilities:
VETERANS READJUSTMENT APPOINTMENT (VRA)
This law allows the hiring of eligible veterans without competition at the GS-11 grade level and below.
Requirements:
Generally, veterans must have served on active duty for more than 180 days,
any part of which occurred after August 4, 1964 (or February 28, 1961,
for those who served
in the Republic of Vietnam), and have received other than a dishonorable
discharge. (5 CFR
Part 307 (a)(2))
Time
Limits: To be eligible for a VRA appointment, an otherwise eligible
veteran must be
appointed
within 10 years of his or her last discharge from active duty. These time
limits
do not
apply to a veteran with a 30 percent or more service-connected disability.
Type of Appointment: Excepted service.
Conversion
to Permanent Position: Employees must be converted to the competitive
service
after two years of satisfactory service. (5 CFR 315.705)
STUDENT EDUCATIONAL EMPLOYMENT PROGRAM
The Student Educational Employment Program allows for hiring of students attending any accredited high school, college, or vocational/technical school year round; Under this flexible hiring program, students can be appointed to temporary positions or a work study (cooperative education) program. The work study program provides eligibility for conversion to permanent employment upon successful completion of educational and program requirements. The program has two components:
Component 1 - Student Career Experience Program (SCEP): The SCEP is a component of the Student Educational Employment Program, and is available to all levels of degree-seeking students (who are accepted for enrollment or enrolled, and taking at least a half-time course load) in an accredited academic institution from high school through graduate school. It provides for formal periods of work and study while the student is enrolled in school. SCEP can be used to develop traditional cooperative education programs or other work-study formats. (5 CFR 213.3202 (b))
Requirements:
The work performed in the SCEP must be related to the academic course of
study.
The agency, the school, and the student complete a written agreement which
contains
information
on work assignments, schedule, etc. The grade level at which the student
is
appointed
depends on the qualification requirements of the position, and the employee's
experience
and academic level.
Type of Appointment: Excepted service.
Conversion
to Permanent Position: Students are eligible for conversion to the
competitive
service
for up to 120 days following completion of the requirements (education
and work
requirements)
of the program. (E.O. 12015)
Component 2-Student Temporary Program (STEP): The STEP is a component of the Student Educational Employment Program and is available to all levels of degree-seeking students (who are accepted for enrollment or enrolled, and taking at least half-time course load) in an accredited academic institution from high school through graduate school. (5 CFR 213.3202 (a))
Requirements:
The job for which the student is hired need not be related to the academic
field of study. The grade level at which the student is appointed depends
on the qualification
requirements of the position, and the employees experience and academic
levels.
Time
Limits: Appointments are made for a period not to exceed 1 year, and
may be
extended if the student remains enrolled in school on at least a half-time
basis.
Type of Appointment: Excepted service.
Conversion to Permanent Position: There is no provision for conversion
to appointments
in the competitive service under this authority. However, employees may
be converted to
another excepted appointment in the SCEP.
TEMPORARY LIMITED APPOINTMENTS
Temporary appointments are made when the need for the position is short-term and not expected to last for more than one year. Temporary jobs are filled through competitive procedures with a requirement for public notice. Under limited circumstances, agencies may use "outside-the-register" procedures. Agencies may also give noncompetitive temporary appointments to individuals who qualify for positions and have a specific noncompetitive eligibility such as reinstatement or veterans readjustment appointment (VRA) (5 CFR 316.402).
Time Limits: Appointments are not to exceed 1 year; a 1-year extension is allowed.
Conversion
to Permanent Position: There is no provision under this authority
for conversion to a permanent appointment when the temporary appointment
expires.
TERM APPOINTMENTS
Term appointments are made when the need for an employees services will last for a period of more than one year, but no more than four years. . Reasons for term appointments may include, but not be limited to, project work, extraordinary workload, and uncertainty of future funding. Term positions are filled through competitive procedures with the requirement for public notice. These positions may also be filled by qualified individuals based on specific noncompetitive eligibility such as reinstatement and veterans readjustment appointment (VRA) (5 CFR Part 316.302).
Time Limits: Appointments are made for more than one year but not more than for years.
Conversion: This authority does not contain a provision for conversion
to a permanent
appointment when the term expires.
STUDENT VOLUNTEER PROGRAM
Agencies may provide educationally-related work assignments for student volunteers on a non-pay basis. (5 CFR 308.103)
Requirements:
The student is enrolled at least half-time in a high school, trade school,
vocational institute, university, or other accredited educational institution,
and the school
permits the participation of the student in a program established to provide
educational
experience.
Time
Limits: No time limits have been established for these appointments,
as long as the
student continues to meet program requirements.
What is the Workforce Recruitment Program? The Workforce Recruitment Program for College Students with Disabilities (WRP) is a program co-sponsored by the Presidents Committee on Employment of People with Disabilities and the Department of Defense. It is a resource for employers nationwide to identify qualified temporary and permanent employees from a variety of fields. Applicants are highly motivated post secondary students and recent graduates eager to prove their abilities in the workforce.
What Does the Program Offer Employers?
- Job candidates pre-screened
through face-to-face interviews
- Information about
each applicants qualifications
- Referral pools tailored
to specific job requirements
- Access to candidates
across the nation, by state or by school
- Flexibility in hiring
for summer internships or permanent positions
- Opportunity to identify
outstanding interns for permanent staffing needs
- Freedom to conduct
independent interviews after referrals are made
And all of these services are free!
What Can Summer Interns Do for Your Business?
- Undertake special projects
postponed for lack of time or resources
- Assist permanent staff
with key projects
• - Share specialized
knowledge and innovative technical skills
• - Assume responsibilities
of staff on vacation or leave of absence
• - Prove that qualified
people with disabilities make excellent employees
- Contribute in a wide
variety of areas, including business, communications, human resources,
engineering, science, computer science, and administrative support
How Does the Program Work? Annually, VRP-trained recruiters conduct personal interviews with interested students on college and university campuses. From these interviews, WRP compiles a database containing information on more than 1,000 college students and recent graduates seeking temporary or permanent jobs.
The database is available on CD-ROM to employers at no cost. Employers
may search the database by state or by job category to identify qualified
applicants for their job openings. Each search will generate candidate
profiles, which include academic and demographic data, contact information,
and recruiter comments. Employers are free to conduct independent interviews
with candidates, and are under no obligation to hire.
As an alternative, employers may contact the Presidents Committees Job Accommodation Network (JAN) toll free at (800)526-7234 (Voice/TTY) to have a specialist conduct a database search for applicants who meet specific job qualifications.
Employers: For More Information about the Program, contact
the WRP Coordinator
at the President's Committee on Employment of People with Disabilities.
1331 F Street, N.W.
(202) 376-6200 Voice
meyer-paul@pcepd.gov E-mail
Washington, DC 20004
(202) 376-6205 TTY
kravitz-betsy~pcepd.gov E-mail