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.

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."

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.

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:

1. Review various work locations with managers and supervisors to determine which areas would be suitable for program enrollees. Assistance from the component's Selective Placement Coordinator should be helpful in this effort as they are valuable resources when placing disabled persons. These coordinators should also be notified of each assignment being arranged.



2. Contact the local offices of the SVRA to request their assistance in planning and implementing an unpaid work experience program.



3. Working with the SVRA, determine what items should be specified in a working agreement or letter of understanding to be signed by appropriate officials of both the rehabilitation agency and the employing component. Enrollees assigned to a host agency will perform duties in accordance with those specified in the agreement. In addition, the agreement should describe the training which the enrollee will receive, the number of enrollees to be trained, the hours of assignment, and the specific responsibilities of both the employing agency and rehabilitation agency to provide pertinent information to each other and supportive services which will be provided to the enrollee. For example:
   
   
   1. Information that is appropriate for the SVRA, with the written approval of the enrollee, to provide to the host agency may include: sufficient medical data to indicate the enrollee's capability of performing assigned responsibilities, a resume of work and educational experiences, and a schedule of concurrent services being provided under the enrollee's vocational plan; and
   
   
   
   2. Information that is appropriate for the host agency to provide to the SVRA may include periodic progress reports and time and attendance records.

We have developed a sample working agreement between a SVRA and a Department component (WordPerfect® 6/7/8/9 format).

29 U.S.C. 791(e) - Employment of Individuals with Disabilities

28 U.S.C. 2672 - Tort Claims Procedure