Program | The U.S. Department of Justice considers applicants with disabilities, who are clients of State vocational rehabilitation agencies (SVRAs), for unpaid training and work experience. The purpose of this program is to assist disabled persons in acquiring skills, training, and work experience which may enable them to compete for positions in the Nation's work force -- both public and private. |
Covered Employees |
The Rehabilitation Act of 1973, 29 USC 791(e) , permits Federal agencies to provide unpaid work experience for clients of state vocational rehabilitation agencies. The law provides that "an individual who, as a part of an individualized plan for employment under a State plan approved under this chapter, participates in a program of unpaid work experience in a Federal agency, shall not, by reason thereof, be considered to be a Federal employee or to be subject to the provisions of law related to Federal employment, including those relating to hours of work, rates of compensation, leave, unemployment compensation, and Federal employee benefits." |
Coverage | Participants in this program are not considered Federal employees. Therefore, there is no requirement that they be paid when participating in an unpaid work experience program. Injuries sustained by clients during the performance of assignments, while under Federal supervision, should be reported to the Department of Labor for adjudication. The Department of Justice handles claims related to the Tort Claims Act. | Guidelines | DOJ components are encouraged to identify and provide unpaid work experience and related training designed to assist clients of SVRA in acquiring skills, training, and work experience, which may enable them to compete for positions in both the public and private sector. In no event will assignments of SVRA clients be used to displace employed personnel or impair existing contracts for services. Since hiring in the Department is decentralized, components interested in establishing an unpaid work experience program or host assignment should take the following actions:
We have developed a sample working agreement between a SVRA and a Department component (WordPerfect® 6/7/8/9 format). |
References | 29 U.S.C. 791(e) - Employment of Individuals with Disabilities 28 U.S.C. 2672 - Tort Claims Procedure |
Last Updated: June 28, 2001
usdoj/jmd/ps/jpc