1. Recruiting, Retaining and Honoring Federal Employees with Disabilities Anupa Iyer, Esq. Assistant to Commissioner Chai Feldblum Equal Employment Opportunity Commission Michael Murray Principal Advisor U.S. Office of Personnel Management 1

2. Presentation Outline Legal Framework The Business Case for Hiring People with Disabilities Federal Agency Obligations Schedule A Hiring Authority Resources and Next Steps Questions/Comments 2

3. The Americans with Disabilities Act 3

4. ADA v. Rehabilitation Act of 1973 What’s the Difference? Americans with Disabilities Act Non discrimination provision Applies To: Private Employers with 15 or more employees State and Local Governments Employment Agencies & Labor Organizations Section 501 & 504 of the Rehab Act Non Discrimination & Affirmative Action provision Applies to: Federal Government 4

5. When is a person protected by the ADA? She meets the ADA’s definition of disability She is qualified for the job she has or wants 5

6. ADA Definition of Disability 1. a physical or mental impairment that substantially limits a major life activity; 2. a record of a physical or mental impairment that substantially limits a major life activity; and/or 3. is regarded as a person with a disability. 6

7. Disability = Diversity Diversity + Inclusion = Innovation 7

8. Executive Order 13548 Increasing Federal Employment of Individuals with Disabilities Hire an additional 100,000 individuals with disabilities over 5 years Each agency has submitted a Disability Employment Plan with the following: A designated senior-level agency official to be accountable for enhancing employment opportunities Performance targets and numerical goals for employees with disabilities Provisions for training and education on disability employment Provisions for reasonable accommodations and accessibility Provisions for increased retention efforts and providing access to advancement opportunities for employees with disabilities OPM’s Website for the Executive Order, supporting model strategies and other related disability employment resources: www.opm.gov/disability/ www.opm.gov/disability/ 8

9. Disability New Hires (1980-2013) In the past 33 years, people with disabilities have not been hired at such a high percentage in the Federal Government. FISCAL YEARALL NEW HIRES TARGETED DISABILITY%ALL DISABILITY% ALL DISABILITY INCLUDING 30% OR MORE VETERANS % 1980163,8279940.61%7,4524.55%8,0794.93% 1981139,4478250.59%6,3884.58%7,2775.22% 1982121,4667610.63%5,1064.20%5,9694.91% 1983115,4477630.66%4,8254.18%5,6124.86% 1984142,0199820.69%5,9984.22%6,9594.90% 1985151,8661,0260.68%6,2854.14%7,2314.76% 1986128,3729020.70%5,6084.37%6,4285.01% 1987136,4919380.69%5,6534.14%6,5004.76% 1988127,1309280.73%5,4864.32%6,2464.91% 1989148,5839650.65%6,9694.69%7,8545.29% 1990117,2228440.72%5,6844.85%6,3045.38% 1991124,0991,1550.93%6,7935.47%7,5976.12% 1992102,4111,1341.11%6,4096.26%7,3307.16% 199370,3587571.08%5,1227.28%5,7318.15% 199457,4575190.90%3,6626.37%4,2637.42% 1995121,2351,5961.32%7,9456.55%8,6207.11% 199653,3033160.59%3,0565.73%3,7367.01% 199759,4704230.71%3,5555.98%4,2757.19% 199865,3814790.73%3,9276.01%4,7547.27% 199968,1295850.86%4,0655.97%5,1127.50% 200080,8226310.78%4,7125.83%5,9577.37% 200194,6986960.73%5,8716.20%7,4657.88% 2002132,9687210.54%7,6535.76%9,4127.08% 2003204,3991,0430.51%9,8594.82%13,0806.40% 200488,6795300.60%5,0035.64%7,3438.28% 2005100,4085440.54%5,5495.53%8,7748.74% 2006102,9495690.55%5,7275.56%9,4379.17% 2007112,6697320.65%6,5525.82%10,8199.60% 2008152,2571,0530.69%9,0275.93%15,40710.12% 2009156,3061,0710.69%9,1485.85%16,70610.69% 2010151,9991,1780.78%9,7126.39%18,92612.45% 2011127,4871,1220.88%10,1487.96%18,67514.65% 2012102,0931,1011.08%9,7509.55%16,65316.31% 201388,1171,1551.31%9,93211.27%16,02418.18% 9

10. Permanent Federal Workforce More people with disabilities work for the Federal Government now than in the past 32 years. FISCAL YEARALL ON BOARD TARGETED DISABILITY%ALL DISABILITY% ALL DISABILITY INCLUDING 30% OR MORE VETERANS% 19801,779,83414,6240.82%121,0136.80%125,0677.03% 19811,772,57215,2600.86%118,2546.67%124,3647.02% 19821,779,13115,7230.88%116,1496.53%123,8506.96% 19831,764,96816,5570.94%114,8286.51%124,1697.04% 19841,780,78917,7080.99%116,3896.54%126,7427.12% 19851,809,33918,8831.04%117,3366.49%129,0017.13% 19861,789,52919,3471.08%115,5876.46%127,9007.15% 19871,822,00420,1511.11%116,3926.39%129,3217.10% 19881,821,82420,5701.13%117,6146.46%130,7457.18% 19891,845,87621,2881.15%121,6286.59%134,9307.31% 19901,848,43521,6931.17%124,9326.76%138,0997.47% 19911,877,32322,4931.20%129,7436.91%143,0237.62% 19921,879,89423,0361.23%137,6997.32%150,8098.02% 19931,823,19322,7131.25%135,1467.41%148,0438.12% 19941,755,22121,9891.25%129,2277.36%142,1918.10% 19951,693,17721,2451.25%124,0317.33%137,0508.09% 19961,640,25820,2121.23%118,2687.21%131,6838.03% 19971,585,40819,1901.21%112,9837.13%126,8318.00% 19981,556,53118,5071.19%109,4797.03%123,9577.96% 19991,536,15618,0511.18%107,3926.99%122,5717.98% 20001,524,88317,7301.16%105,8986.94%121,7567.98% 20011,536,62717,5641.14%106,1026.90%123,0888.01% 20021,579,25417,4171.10%108,8286.89%127,4178.07% 20031,582,63617,1871.09%110,1276.96%129,7828.20% 20041,602,77316,9171.06%110,2226.88%134,0258.36% 20051,611,40016,4581.02%110,2136.84%137,5788.54% 20061,608,15716,0481.00%109,7776.83%140,6228.74% 20071,618,15915,9100.98%111,2516.88%145,4868.99% 20081,673,24916,0300.96%114,6546.85%154,5559.24% 20091,757,10516,5600.94%121,7506.93%169,5309.65% 20101,831,71917,4450.95%129,5467.07%187,06810.21% 20111,856,58017,8450.96%137,5517.41%203,69410.97% 20121,850,31118,3190.99%148,0098.00%219,97511.89% 20131,831,72318,6651.02%157,8358.62%234,39512.80% 10

11. Schedule A Hiring In FY 2011,.98 percent of overall hiring were Schedule A appointees, doubling its use from FY 2010. In FY 2012, the Federal Government increased Schedule A hiring to 1.51 percent of overall hiring. In FY 2013, the Federal Government increased Schedule A hiring to 1.56 percent of overall hiring 11

12. GS 14’s and 15’s with Disabilities In FY 2013, total non-seasonal, full-time permanent GS-14s and 15s with disabilities, including 30 percent or more disabled Veterans, increased from 13,891 in FY 2012 to 15,054, representing an increase from 8.61 percent to 9.20 percent. In FY 2013, non-seasonal, full-time permanent GS-14 and 15 new hires with disabilities, including 30 percent or more disabled Veterans, totaled 547, representing an increase from 14.65 percent in FY 2012 to 14.89 percent in FY 2013. 12

13. Outreach & Recruitment Agency POC for Disability Employment Information is Accessible & Welcoming Formalize Partnerships Internship Programs Use the Schedule A Hiring Authority for People with Disabilities = SUCCESS 13

14. The Schedule A Hiring Authority for People with Disabilities 14

15. Excepted Service Appointing Authorities The Executive branch has three civilian service systems; the competitive service, the excepted service and the Senior Executive Service. Excepted by Statute, Executive Order, or OPM action OPM’s Government-wide excepted authorities listed under Schedules A, B, C, and D Cannot use traditional examining methods and not subject to OPM qualifications 5 CFR 213.3102 (u) appointing authority for people with intellectual disabilities, severe physical disabilities, and psychiatric disabilities Excepted by Executive Orders 12125 and 13124 15

16. Schedule A – Eligibility Persons with Intellectual Disabilities; Persons with Severe Physical Disabilities; or Persons with Psychiatric Disabilities 16

17. Schedule A – Proof of Disability Certifying entities: A licensed medical professional (e.g., a physician or other medical professional certified by a State, the District of Columbia, or a U.S. territory to practice medicine) A licensed vocational rehabilitation specialist (i.e., State or private) Any Federal agency, State agency, or agency of the District of Columbia or a U.S. territory that issues or provides disability benefits The proof of disability documentation need not disclose the specific disability that makes the applicant eligible for appointment. The documentation must, however, clearly state that the applicant is qualified for appointment under this authority. 17

18. The Business Case for Schedule A No public notice requirement Employment options: Temporary appointments Time limited appointments Permanent appointments  Agencies can determine their own qualifications for positions under Schedule A, providing for an extra measure of flexibility. 18

19. Schedule A - Conversion An agency may noncompetitively convert to a career or career conditional appointment in the competitive service an employee who: Completes 2 or more years of satisfactory service, without a break of more than 30 days, under nontemporary Schedule A appointments; Is recommended for conversion by their supervisors; Meets all requirements and conditions governing career and career-conditional appointment except those requirements concerning competitive selection from a register and medical qualifications; and Is converted without a break in service of one workday (Refer to 5 CFR 315.709). 19

20. Promotion, Retention and Advancement Time-in grade restrictions do not apply to promotions in the excepted service. Career Ladder and Schedule A Other Best Practices Utilize return to work as the first option for workers who acquire disabilities Conduct exit interviews and stay interviews Support career development trainings and plans Hire and promote people with disabilities at all levels Create and support Employee Resource Groups Train managers on disability etiquette and best practices Develop emergency management plans that specifically address the needs of employees with disabilities. Utilize communities of practice on employment of people with disabilities. 20

21. RESOURCES & NEXT STEPS 21

22. What is the OPM Shared List of People with Disabilities? A database of candidates with disabilities, who are Schedule A eligible provided by OPM for federal human resources and hiring managers in order to assist in the recruitment of people with disabilities. Prior to inclusion in the Shared List, candidates proceed through a skills, education, professionalism, and work ethics screening process. How do I Access Resumes in the Shared List? The OPM Shared List of People with Disabilities is hosted online on the MAX Federal Community. To access the Shared List, follow the steps below: Step 1: Register Now (https://max.omb.gov/maxportal/) and complete the short registration form.https://max.omb.gov/maxportal/ Step 2: Once registration is complete, login, and click “Go to MAX Federal Community.” Step 3: Inside the Community, type “OPM Shared List” in the search tool (upper right -hand corner), and click on “OPM Shared List of People With Disabilities (Home).” Step 4: Using the search tool, resumes may be filtered by job occupation, location, veteran status, clearance, education, and more. OPM Shared List 22

23. A Roadmap to Success: Hiring, Retaining and Including People with Disabilities In continued support of E.O. 13548, OPM, in consultation with partner agencies, has developed an online course entitled, “A Roadmap to Success: Hiring, Retaining and Including People with Disabilities.”A Roadmap to Success: Hiring, Retaining and Including People with Disabilities This course will provide Federal employees with basic information and resources to successfully hire, retain, and advance employees with disabilities. OPM is making this course available to agencies at no cost on HR University. We believe it will benefit all Federal employees.HR University In accordance with E.O. 13548, this training should be considered required training for human resources personnel and hiring managers. A memorandum to the Chief Human Capital Officers has been issued with instructions for accessing this course (http://chcoc.gov/transmittals/TransmittalDetails.aspx?TransmittalID=623 5). http://chcoc.gov/transmittals/TransmittalDetails.aspx?TransmittalID=623 5 23

24. Additional Resources A Better Bottom Line: Employing People with Disabilities – http://www.nga.org/files/live/sites/NGA/files/pdf/2013/NGA_20 13BetterBottomLineWeb.pdf http://www.nga.org/files/live/sites/NGA/files/pdf/2013/NGA_20 13BetterBottomLineWeb.pdf OPM Disability Employment – http://www.opm.gov/policy- data-oversight/disability-employment/getting-a-job/http://www.opm.gov/policy- data-oversight/disability-employment/getting-a-job/ Summary of Promising and Emerging Practices for Enhancing the Employment of Individuals with Disabilities Included in Plans Submitted by Federal Agencies under Executive Order 13548 – http://www.dol.gov/odep/pdf/2012EO13548.pdf http://www.dol.gov/odep/pdf/2012EO13548.pdf Department of Labor’s Office of Disability Employment Policy – http://www.dol.gov/odep/topics/FederalEmployment.htm http://www.dol.gov/odep/topics/FederalEmployment.htm 24

25. Additional Resources Equal Employment Opportunity Commission’s ABC’s of Schedule A http://www.eeoc.gov/eeoc/initiatives/lead/abcs_of_schedule_a.cf m http://www.eeoc.gov/eeoc/initiatives/lead/abcs_of_schedule_a.cf m Improving the Participation Rate of People with Targeted Disabilities in the Federal Work Force- http://www.eeoc.gov/federal/reports/pwtd.html http://www.eeoc.gov/federal/reports/pwtd.html The Employment Environment: Employer Perspectives, Policies and Practices Regarding the Employment of Persons with Disabilities by Cornell University Employment and Disability Institute- http://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article=1 328&context=edicollect http://digitalcommons.ilr.cornell.edu/cgi/viewcontent.cgi?article=1 328&context=edicollect States as Model Employers of People with Disabilities By Kathy Krepcio and Savannah Barnett at the John J. Heldrich Center for Workforce Development, Rutgers, the State University of New Jersey- http://askearn.org/docs/StateModel.pdfhttp://askearn.org/docs/StateModel.pdf 25