| What's Inside |
Welcome to EEO News & Notes, our online journal of selected articles related to the Office of Equal Opportunity and Diversity Management (OEODM) celebrations, EEO events, and topics of interest to the National Institutes of Health (NIH) community. Employees With Disabilities in the WorkforceDo you know what George Washington, John F. Kennedy, Franklin D. Roosevelt, Ronald Reagan, and Woodrow Wilson had in common? Yes, they all were U.S. Presidents. But, did you know that they all had disabilities? Despite their disabilities, these distinguished men were able to hold Federal jobs and provide noteworthy and distinguished service to our great Nation. The Presidents’ disabilities were as varied as the years they served in office. Today, the Federal Government is still in the business of hiring employees with disabilities. With reasonable accommodation, employees with disabilities can and do successfully apply for jobs and serve in many capacities of the Federal Government. The Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973, as amended, define a person with a disability as an employee or applicant who has a physical or mental impairment that substantially limits one or more major life activities; has a record of such an impairment; or is regarded as having such an impairment. Examples of impairments include hearing loss, limited eyesight, loss of a limb, or an illness from a pathogen. The term “qualified individual with a disability” means an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the job that such individual holds or desires. Employees and applicants with particular disabilities termed “targeted” disabilities also fall under this definition. The term “targeted” disability, as defined by the Equal Employment Opportunity Commission (EEOC), refers to those conditions that are viewed as being more severe (such as deafness, blindness, missing extremities, partial paralysis, complete paralysis, convulsive disorders, mental retardation, mental illness, and genetic or physical conditions affecting limbs and/or the spine). These disabilities are targeted because employees or applicants suffering from them are most likely to encounter job discrimination, according to the EEOC. For this reason, more emphasis is placed on recruiting, hiring, and advancing qualified individuals with targeted disabilities in the Federal workforce. Most Federal employees with disabilities make wonderful contributions to the workforce when they are provided with the reasonable accommodation necessary to adjust to the job. Perhaps when you contemplate hiring or providing “reasonable accommodation” to an employee with a disability, you envision thousands of dollars floating from your limited budget--a budget already stretched beyond its means. However, there are many resources available to assist the employer and the employee with reasonable accommodation. First it is important to know that reasonable accommodations are not always overly extravagant. Reasonable accommodation can be as simple as a modification or adjustment to a job, the work environment, or standard operating procedures. An accommodation may involve the provision of adaptive equipment such as computer software or the provision of services such as a sign language interpreter. Accommodating employees with disabilities may be a low-cost or one-time investment in many instances. Any accommodation undertaken for the disabled should provide employees with the opportunity to attain the same level of performance or to enjoy equal employment benefits and privileges that are available to similarly-situated employees without a disability. What can be done to eliminate the barriers as they relate to budget? There are many free resources available to assist managers in providing reasonable accommodations to job applicants and employees. Listed below are some of the resources.
The OEODM Director SpeaksLawrence N. Self
As part of this effort, the Department of Health and Human Services (DHHS) established a goal for the NIH to hire 945 individuals with disabilities. I am pleased to report that through the IC Executive Officers, the NIH Selective Placement Coordinator, selecting officials, and the OEODM staff, the NIH accepted the challenge and hired 907 employees with disabilities. Among our recent hires are seven individuals with targeted disabilities and ten WRP students. In addition, we established valuable partnerships that will provide a venue for continuing our efforts to include people with disabilities at all levels of the NIH. This issue of EEO News & Notes focuses on information designed to assist managers in hiring and retaining employees with disabilities. We have also included a personal interview granted by one NIH employee who has a targeted disability; the “success” story of how one IC has established a partnership with Gallaudet University; significant EEOC Case Law; Tips for Managers and Supervisors; and a quiz to test your knowledge of famous persons who have disabilities. I am pleased with our successes and commitment to including people with disabilities into our workforce. I invite you to share in this wonderful experience.
NIH & Gallaudet University Form Student Intern Partnership
When Thomas Williams, Executive Officer, National Center on Minority Health and Health Disparities (NCMHD), received the telephone inquiry from Hilda Dixon, OEODM, he welcomed the opportunity to train a Deaf student intern from Gallaudet University, Washington, D.C. “Congress created the NCMHD to reach out to minority and other health disparity populations. So providing an internship for a student at Gallaudet University is just a natural extension of who we are and what we do,” says Williams. “I had worked with a student from Gallaudet University almost 20 years ago while working in the NIH Division of Financial Management, so I was familiar with the university’s student internship program.” This internship experience, however, was a little different. First-year International Business student Tanya Sealy is profoundly Deaf--totally Deaf--and unable to hear anything. Moreover, English was not Tanya’s first language. Consequently, she does not speak or read lips. But, Williams was impressed with Sealy’s portfolio. And, during the interview, he liked the student immediately. Sealy worked with Ana Velez, the NCMHD Budget Officer, to develop financial tracking systems for each of the Center’s program areas “to allow us to know what is being spent and what we have to spend on a real-time basis,” explained Williams. “We’re short staffed at the NCMHD, so our interns get real work.” Given that the internship took place in the fourth quarter and many tasks needed to be accomplished, “Tanya and I did not have the option of letting the fact that she was hearing impaired get in the way of our daily communications. Her personality, motivation, and skill level were such that after the first day we did not even realize that we interacting without using verbal words,” commented Velez. “Navigating the internship was easy,” said Velez. Gallaudet University Employment/Internship Advisors assist and answer questions to facilitate the internship experience. The University’s Internship Program Supervisor’s Manual contains information about the internship program, and roles and responsibilities of the student, faculty sponsor, and supervisor. Helpful tips about lip reading, getting a Deaf person’s attention, and communicating in meetings and other formal settings, for example, are included. Tanya Sealy
Thus far, the internships have been a resounding success. “If I had a vacancy, I’d hire Tanya today,” said Williams. In fact, Williams and Velez were so impressed with Tanya, when her internship was complete they brought on another Gallaudet student intern, Jonathan Nash, a senior who is majoring in Accounting, to further build upon the work accomplished to date. Gallaudet University was so impressed with the partnership that it sent a film crew to the NCMHD to create a DVD highlighting the numerous benefits that Gallaudet internships bring to both employers and students. “It’s a win-win,” commented Williams. The quality and utility of work have been far above what you would normally expect from student interns,” Williams continued. In return, we get to give something back in the form of providing real-life work experience to individuals that ultimately will lead to increased workforce diversity.” Hundreds of supervisors nationally and worldwide have worked with Gallaudet University students since the inception of the Internship Program in 1975. Gallaudet is the only liberal arts university in the world designed exclusively for Deaf and hard-of- hearing students. For more information on internship programs at the Gallaudet University, contact the Academic Advising and Career Center at (202) 651-5355 (voice) or (202) 651-5197. You can access more information about the program on the web at: http://careercenter.gallaudet.edu/?ID=4238. Working with a DisabilityAn Employee's PerspectiveRecently, Janie Brown of OEODM’s Special Initiatives Branch interviewed Jerry Garmany, EEO Specialist, Division of Complaints Management and Resolution, OEODM, to get his perspective on working with a disability. He also offers information about resources to assist managers and employees who have disabilities. His views are presented below.
Q: Do you have a targeted disability?
Q: What is your disability?
Q: What are some of the equipment and services you need to assist you in your working environment? Q: How long does it take to get the services/equipment once you request them?
Q. What advice would you give employees/applicants on requesting services and equipment to accommodate their disabilities?
Q: What advice would you give a manager with a new employee who is requesting service/equipment for a disability?
Workforce Recruitment ProgramAs the Federal Government strives to become the model employer, it seeks to accommodate people with disabilities in all stages of employment from recruitment and placement to promotion and retention. The DoD and the DoL established the WRP for College Students With Disabilities as an effective recruitment tool for Federal agencies.
The NIH led the DHHS in hiring the most students in the last two years, with 8 students in 2004 and 10 in 2005. In 2006, with the support of NIH managers, the NIH could exceed those numbers. The 2006 WRP database containing profiles of student job candidates will be available after March 31, 2006. Fill your summer or permanent hiring needs with talented college students with disabilities, who range from college freshmen to graduate students and law students and represent all majors. For further information on hiring a WRP student, please contact your IC Specialist. http://oeo.od.nih.gov/about/ic_specialists.html Communicating with and About People with Disabilities
What’s wrong with the use of the terms "Deaf-mute," "Deaf and dumb," or "hearing-impaired"? Deaf and hard-of-hearing people have the right to choose what they wish to be called, either as a group or on an individual basis. Overwhelmingly, Deaf and hard-of-hearing people prefer to be called "Deaf" or "hard of hearing." Nearly all organizations of the Deaf use the term "Deaf and hard of hearing." For more information, see the National Association of the Deaf website- Significant EEO Case LawMedical ConfidentialityComplainant claimed that he was subjected to disability discrimination when his former supervisor made unauthorized disclosures of confidential medical information to various agency facilities, which then denied him employment. In his evaluation of complainant, the supervisor wrote that he would not recommend complainant for rehire unless his medical condition was resolved. The Commission noted that complainant failed to establish that he was an individual with a disability, as there was no evidence that he had or was regarded as having, a condition that substantially limited a major life activity. Nevertheless, the Commission found that the supervisor's statement disclosing the nature of complainant's impairment (plantar fascitis) violated the Rehabilitation Act, since documentation of an individual's diagnosis or symptoms is confidential medical information. The Commission ordered the agency to remove all documentation containing medical information from complainant's work folder, as well as provide training for the responsible management officials. Gianikos v. United States Postal Service, EEOC Appeal No. 01A21992 (October 16, 2003), request for reconsideration denied, EEOC Request No. 05A40208 (January 22, 2004). Discontinuation of AccommodationAfter accommodating complainant's restrictions concerning lifting and pushing/pulling, the agency sent complainant for a fitness for duty examination, which determined that she was fit for duty with a temporary weight restriction. Complainant, a Pharmacy Technician, continued to request reasonable accommodation. The Commission found that the agency failed to provide reasonable accommodation when her supervisor required complainant to push an IV cart, which exceeded her restrictions, and admonished her for insubordination when she refused to push a dose cart and lift a box of paper. The Commission noted the supervisor's assertion that the agency had been providing complainant with assistance and removing the lifting and pushing/pulling requirements of her position for some time. The Supervisor did not furnish any argument or evidence that continuing with the assistance would cause an undue hardship. The Commission concluded that the agency violated the Rehabilitation Act in failing to provide reasonable accommodation and was liable for compensatory damages because it failed to supply either argument or evidence that it made a good faith effort to reasonably accommodate complainant. EEOC ordered the agency to determine, with complainant's cooperation, whether continued reasonable accommodation was needed and in what form; to remove reference to the proposed admonishment from complainant's record; and to give complainant notice of her right to submit objective evidence in support of her claim for compensatory damages. LaCombe v. Department of Veterans Affairs, EEOC Appeal No. 01A23543 (March 24, 2004). Pre-Employment Inquiry Violated Rehabilitation ActThe Commission found that an agency official's question to complainant during a job interview asking whether he could really do the job since he was "drawing disability" for his back, flat feet, and bad leg constituted a prohibited pre-employment inquiry, and thus was impermissibly disability- related. The Commission noted that restrictions on such disability-related inquiries and medical examinations apply to all employees and not just to those with disabilities. EEOC ordered the agency to review and, if necessary, revise its pre-hire interview questions; provide training to the agency official, as well as to consider disciplining him; and to investigate complainant's entitlement to compensatory damages. Edwards v. Department of Veterans Affairs, EEOC Appeal No. 01A30010 (February 12, 2004). DisciplineThe EEOC has ruled that (2)Captioning an Agency is not required to excuse past misconduct even if the behavior resulted from an employee’s disability. Complainant was involved in a traffic incident, which led to a criminal charge of driving under the influence (DUI). Before this incident, the Agency had no notice that complainant had any type of alcohol problem. The Agency was already in the process of terminating complainant, a probationary police officer, when he disclosed his condition of alcoholism. Without prior notice of the complainant's medical condition, the Agency was not required to provide reasonable accommodation of complainant's condition related to his DUI arrest. The Agency may impose discipline where there is a violation of a job-related conduct rule, which is consistent with business necessity. Thus, the Commission determined that the Agency was not obligated under the Rehabilitation Act to disregard complainant's DUI charge. Hernandez, II, v. Department of the Navy, EEOC Appeal No. 01A41079 (March 30, 2004). Agency Not Required to Provide Accommodation of Individual’s ChoiceThe Commission found that the agency did not violate the Rehabilitation Act when it denied complainant’s request for a disabled parking space within 50 feet of the agency activity’s building (the distance beyond which complainant could not walk without resting, due to her end-stage renal disease and dialysis treatment); and, in the alternative, provided her with wheel-chair service. The Commission agreed with the Administrative Judge’s (AJ’s) determination that it was undisputed that no parking space existed within 50 feet of the building and that the provision of a wheelchair, and an employee who wheeled (3) Marlee Matlin complainant into the building, was a reasonable and effective accommodation. The Commission noted that an agency is not required to provide an accommodation of an employee’s choice, but may choose from among reasonable accommodations as long as the chosen accommodation is effective. Nutter v. Department of the Navy, EEOC Appeal No. 01A51902 (March 28, 2005). Tips for ManagersDISABILITY-RELATED QUESTIONS AND MEDICAL EXAMINATIONS*
Yes. An employer may ask whether an applicant can perform any or all job functions, including whether an applicant can perform job functions "with or without reasonable accommodation." Yes. An employer may ask an applicant to describe how he/she would perform any or all job functions, so long as all applicants for the position are asked to do this. Employers should remember that if an applicant says that s/he will need a reasonable accommodation to do a job demonstration, the employer must either: (1) provide a reasonable accommodation that does not create an undue hardship; or (2) allow the applicant to simply describe how s/he would perform the job function. Yes. If the need for accommodation is not obvious, an employer may ask an applicant for reasonable documentation about his/her disability if the applicant requests reasonable accommodation for the hiring process (such as a request for the employer to reformat an examination, or a request for an accommodation in connection with a job demonstration). The employer is entitled to know that the applicant has a covered disability and that s/he needs an accommodation. So, the applicant may be required to provide documentation from an appropriate professional, such as a doctor or a rehabilitation counselor, concerning the applicant's disability and functional limitations. Yes, if the particular question is not likely to elicit information about whether the applicant has a disability. It is important to remember that not all impairments will be disabilities; an impairment is a disability only if it substantially limits a major life activity. So, an employer may ask an applicant with a broken leg how she broke her leg. Since a broken leg normally is a temporary condition that does not rise to the level of a disability, this question is not likely to cause the applicant to disclose whether he/she has a disability. But, questions such as "Do you expect the leg to heal normally?" or "Do you break bones easily?" would be disability-related. Certainly, an employer may not ask a broad question about impairments that is likely to elicit information about disability, such as, "What impairments do you have?" No. Questions about whether an applicant can perform major life activities are almost always disability-related because they are likely to elicit information about a disability. For example, if (4)Paris,France an applicant cannot stand or walk, it is likely to be a result of a disability. So, these questions are prohibited at the pre-offer stage unless they are specifically about the ability to perform job functions. No, if the question is likely to elicit information about disability. Employers should know that many questions about current or prior lawful drug use are likely to elicit information about a disability and, therefore, are impermissible at the pre- offer stage. For example, questions such as, "What medications are you currently taking?" or "Have you ever taken AZT?" certainly elicit information about whether an applicant has a disability. Yes, if an applicant tests positive for illegal drug use. In that case, the employer may validate the test results by asking about lawful drug use or possible explanations for the positive result other than the illegal use of drugs. No. An employer may not ask a third party (such as a service that provides information about workers' compensation claims, a state agency, or an applicant's friends, family, or former employers) any questions that it could not directly ask the applicant. Yes. A physical fitness test, in which an applicant's performance of physical tasks--such as running or lifting--is measured, is not a medical examination. However, if an employer measures an applicant's physiological or biological responses to performance, the test would be medical. Example: A messenger service tests an applicant’s ability to run one mile in 15 minutes. At the end of the run, the employer takes the applicant’s blood pressure and heart rate. Measuring the applicant's physiological responses makes this a medical examination. Yes, unless the particular test is medical. Evaluating an applicant’s ability to read labels or distinguish objects as part of a demonstration of the applicant's ability to do the job is not a medical examination. However, an ophthalmologist's or optometrist's analysis of an applicant's vision is medical. Similarly, requiring an applicant to read an eye chart would be a medical examination. After giving a job offer to an applicant, an employer may ask disability-related questions and perform medical examinations. The job offer may be conditioned on the results of post-offer disability-related questions or medical examinations. At the "post-offer" stage, an employer may ask about an individual's workers' compensation history, prior sick leave usage, illnesses/diseases/impairments, and general physical and mental health. If an employer asks post-offer disability-related questions, or requires post-offer medical examinations, the employer must follow certain procedures: (1) all entering employees in the same job category must be subjected to the examination/inquiry, regardless of disability; and (2) medical information obtained must be kept confidential. Yes, if the follow-up examinations or questions are medically related to the previously obtained medical information. Example: At the post-offer stage, an employer asks new hires whether they have had back injuries and learns that some of the individuals have had such injuries. The employer may give medical examinations designed to diagnose back impairments to persons who stated that they had prior back injuries, so long as these examinations are medically related to those injuries. An employer must keep any medical information on applicants or employees confidential, with the following limited exceptions: Yes. For example, if an applicant voluntarily discloses that he/she has bipolar disorder and needs reasonable accommodation, the employer may not disclose the condition or the applicant's need for accommodation to the applicant's references. No. Medical information must be collected and maintained on separate forms and in separate medical files. An employer should not place any medical-related material in an employee's non-medical personnel file. If an employer wants to put a document in a personnel file, and that document happens to contain some medical information, the employer must simply remove the medical information from the document before putting it in the personnel file. A notation that an employee has taken sick leave is not confidential medical information. However, documentation of the employee’s diagnosis or symptoms would be medical information. No, an employer must keep medical information confidential even if someone is no longer an applicant (for example, s/he wasn't hired) or is no longer an employee. OEODM Sponsored ActivitiesMark Your Calendars
With your help, we can promise a day of fun, learning and career ideas for you and your children. To expose them to careers in medicine and biomedical research, we need lots of activities scheduled throughout the day - in labs, conference rooms, even offices! We invite all members of the NIH community to contribute in some way so that children can learn about careers in science, medicine, and public service. (6) Hearing people think of Deafness as a handicap. If you would like to sponsor an activity on Take Your Child to Work Day 2006, or to receive information about volunteering, please contact Gary M. Morin, Committee Chair, (301) 496-4628 (Voice); (301) 480-3122 (TTY); MorinG@od.nih.gov. Other OEODM Sponsored Activities
EEO News & Notes is published quarterly as an information and outreach tool of the OEODM. We welcome your ideas and comments about how we can make our EEO News & Notes better. Please forward your input to Jayne E. Callahanhenson, Managing Editor, The Write Team, Institutes and Centers Services Division, OEODM. Ms. Callahanhenson can be reached by telephone on 301-496-7478 (v); 301-451-2290 (TTY); or by email at callahaj@od.nih.gov. |
Office of Equal Opportunity
& Diversity Management
U.S. Department of Health & Human Services
National Institutes of Health
In 2000, Executive Order 13163 was issued tasking Federal agencies with a goal of hiring 100,000 people with disabilities by 2005. This Executive Order was in response to evidence demonstrating that throughout our Nation, qualified persons with disabilities have been refused employment, and many qualified persons were never apprised of available employment opportunities. Agency heads were asked to serve as models for educating the public on employment opportunities for individuals with disabilities. 
Williams and Velez also used NIH’s Division of Employee Services to obtain interpreters who use sign language and oral interpreting to remover barriers and enable successful communication. Information Technology Services provided the NCMHD with “instant messaging” service to facilitate communications. “The interpreters that we obtained through the NIH were top notch,” commented Williams. 
More than 50 Federal agencies participate in the program annually. In 2003, more than 70 WRP recruiters went to 220 colleges and universities and interviewed more than 1,900 students with disabilities. As a result of this screening process, the students hired through the WRP are highly motivated post-secondary students eager to prove their abilities in the workforce. The CAP provides the assistive technology equipment and services needed by the students to perform the functions of the jobs.
What's in a name? Plenty! Words and labels can have a profound effect on people. Deaf and hard-of-hearing people are sensitive as to how they are referred, because they have experienced being put down and disparaged by other people. They have seen their intelligence, their abilities, and their skills questioned simply because they are Deaf or hard of hearing. Show your respect for (1) Helen Keller; Radcliffe University Deaf and hard-of-hearing people by refusing to use outdated and offensive terms.
This year, NIH celebrates its 12th annual Take Your Child to Work Day on Thursday, April 27, from 9:00 a.m. to 4:00 p.m. The NIH Institutes and Centers will host educational and fun activities designed to let our children (ages 8-15) experience the world of biomedical research and public service. Information on activities and registration requirements will soon be found on the OEODM web site.
