Employment and Disabilities Online Documents and Website Sources


Employment and Disabilities Online Documents and Website Sources

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DATABASE SEARCH RESULTS : EMPLOYMENT : DISABILITIES : BIBLIOGRAPHIES : WEBLIOGRAPHIES : LAW : HUMAN RIGHTS

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Employment and Disabilities Online Documents and Website Sources

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http://tinyurl.com/nbnc37f


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Employment First

“Employment First”: employment in the general workforce as the first
and preferred outcome in the provision of publicly funded services for
all working age citizens with disabilities, regardless of level of disability.

APSE is the only national organization with an exclusive focus on
integrated employment and career advancement opportunities for
individuals with disabilities. APSE is a growing national non-profit
membership organization, founded in 1988 and is now known as
Association of People Supporting EmploymentFirst (APSE).

APSE has chapters in 39 states and the District of Columbia.
Our members come from all 50 states and Puerto Rico, as well as several
foreign countries.

APSE’s HR Connect offers consultation services to help businesses reach out to and partner with one of the strongest labor and customer pools 
in the country: the disability community.

http://www.apse.org/


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Universal Design for Workforce Development System

"Universal Design for the Workforce Development System is an innovative
collection of tools and resources, designed to assist workforce development
professionals in creating services to meet the diverse needs of all customers
of the workforce development system.


Universal Design for the Workforce Development System Toolkit


A collection of tools designed to be customized to the needs of a state or local workforce development system, and to support professionals in making their own system more welcoming and effective for every business and career seeking customer.


 Access for All

Resources to enhance the ability of the Workforce Development System to meet the needs of people with disabilities.


Framework for Systems Change: a Guide to Effectively Serving All Customers


Customized Employment

A flexible blend of strategies, services and supports designed to increase employment options for career seekers with complex needs.


 Portfolio Series on Customized Employment

Two concise and comprehensive guides to the practice of Customized Employment, including explorations of Discovery, Career Development
and Job Negotiation.

Part I: Practical Solutions to Employment Success
Part II: Applying Practical Solutions to Employment Success

Customized Employment Innovation: Findings from the Field

A collection of reports and best practice stories of practical and systemic
accomplishments from the ODEP-funded Customized Employment and
Workforce Action Grants.

Customized Employment Findings from the Field

Archived Webcasts

View our collection of supporting resources, including archived webcasts from leaders in the field of Customized Employment.

Webcast Archive
Additional Resources

Strategies, examples and regulations that guide universal design and systems change efforts."

http://www.onestops.info/


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        http://tinyurl.com/p8jm7um


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Our Areas of Expertise & Projects
ediONLINE
Employment and disability-related online training
Disability Studies Courses
Disability related courses at Cornell University
ADA, Accommodation & Accessible IT
Northeast ADA Center
Community College Web Accessibility
Community Inclusion
Career Development Initiative
Inmate to Citizen Research
NYS Partners in Policy Making
NYS Sibling Needs Assessment
Disability Benefits and Work
New York State's Consortium for Advancement
of Supported Employment
New York State PROMISE
New York Makes Work Pay
Work Incentives Support Center
NYS Work Incentives Support Center
US & UK Return to Work Efforts
Disability Employment Research
Employer Practices RRTC
Employment Policy RRTC
EEOC Charge Data Research
National Employer TA Center
Disability Rehabilitation Research Program
Work-Life Balance and Disability:
Field Initiated Research Project
Disability Statistics Research
StatsRRTC
Census 2000 Disability Data
Educational Achievement & Transition
TransitionSource
International Disability Research
Global Service Learning
Promoting the Employability and Employment of Persons
with Disabilities Through Effective Legislation
Workforce Development
NYC Work Incentives Grant
One-Stop Access for All
See More Information for Links to Selected Pages
on This Website

http://www.edi.cornell.edu/


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"Opened in July 1996, the Nathaniel H. Kornreich Technology
Center (KTC) at The Viscardi Center is a hands-on laboratory
where education, evaluation, and training services are offered to
children and adults with disabilities, as well as those who require
assistive devices due to illness, injury or the natural aging process.
Through the use of technology-based solutions, KTC is dedicated to
promoting the full participation and independence of people with
disabilities, and others, by enhancing their capabilities in school,
at work, at home, and in the community.

KTC also offers workstation evaluations for employers who want
to reduce their workers’ compensation costs and keep employees
working. The Return to Work (RTW) aspect allows employees
who were injured to return to work safely and productively.

In addition to individuals, Kornreich Technology Center supports
organizations in accommodating people with disabilities in their
roles as students, as employees, within their families, and within
their communities. These include school districts, public and private
employers, and community services such as museums and parks,
benefit from judicious use of technology. Kornreich Technology Center
assists these organizations through the process of choosing and
implementing solutions and training professionals to work with people
with disabilities."

http://www.viscardicenter.org/


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"The National Rehabilitation Information Center (NARIC) is the library
of the National Institute on Disability and Rehabilitation Research (NIDRR.).

We collect, catalog, and disseminate the articles, reports, curricula, guides,

and other publications and products of the research projects funded by NIDRR.

NIDRR funds more than 250 projects each year that conduct research
on a wide range of issues including technology, health and function, independent living, and capacity building."

http://www.naric.com/


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https://tinyurl.com/yys3kq38


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"This guide provides links to information relevant to the effect disabilities can have on workers and the workplace, as well as governmental and institutional efforts to combat discrimination on the basis of disabilities."

Covered in This Guide

Introduction
Starting Points
Associations and Organizations
Bibliographies
Books
Cases and Decisions
Databases
Directories
Government
News
Statistics and Data
Web Sites

http://www.ilr.cornell.edu/library/research/subjectGuides/employmentAndDisability.html


Research Guides

Looking for guides for specific ILR classes? See Course Guides.

             View More Results



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  • DISABILITY STATISTICAL DATA: Disability
    FROM The United States Bureau of the Census

The Census Bureau collects data on disability primarily through the
American Community Survey (ACS) and the Survey of Income and
Program Participation (SIPP). The definitions of disability are not
always alike so caution should be taken when making comparisons
across surveys. Generally, the SIPP estimates of disability
prevalence are broader and encompass a greater number of
activities on which disability status is assessed. The ACS has a
more narrow definition but is capable of producing estimates
for states, counties, and metropolitan areas.


Because the ACS has replaced the decennial long-form as the
source for small area statistics, there is no disability data in the 2010 Census.

http://www.ilr.cornell.edu/library/research/subjectGuides/employmentAndDisability.html


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" The Job Accommodation Network (JAN) is the leading source
of free, expert, and confidential guidance on workplace
accommodations and disability employment issues.


Working toward practical solutions that benefit both employer and employee, JAN helps people with disabilities enhance their
employability, and shows employers how to capitalize on the value
and talent that people with disabilities add to the workplace.

JAN’s trusted consultants offer one-on-one guidance on workplace accommodations, the Americans with Disabilities Act (ADA) and
related legislation, and self-employment and entrepreneurship options
for people with disabilities. Assistance is available both over the phone
and online. Those who can benefit from JAN’s services include private
employers of all sizes, government agencies, employee representatives,
and service providers, as well as people with disabilities and their
families."

http://askjan.org/links/about.htm


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Subtopics

Americans with Disabilities Act
Employee Rights
Employers' Responsibilities
Hiring People with Disabilities
Job Accommodations
Job Search
Laws & Regulations
Small Business & Self-Employment
Social Security
Statistics
Workers' Compensation

http://www.dol.gov/dol/topic/disability/


Disability Resources

People with disabilities need good jobs too, and several U.S. Department of Labor (DOL) agencies assist people with disabilities in seeking meaningful work and succeeding once on the job. DOL also advises employers on effective strategies for recruiting and retaining qualified people with disabilities, as well as educates federal agencies and federal contractors and sub-contractors about their obligations related to affirmative action and nondiscrimination in hiring.

  • Office of Disability Employment Policy (ODEP)
    • ODEP’s vision is a world in which people with disabilities have unlimited employment opportunities.
    • ODEP is the only non-regulatory federal agency that promotes policies and coordinates with employers and all levels of government to increase workplace success for people with disabilities.
    • ODEP does not enforce any laws, but it does develop policies and share important information about effective practices to increase the recruitment, hiring, retention and advancement of people with disabilities.

Two agencies within DOL enforce portions of the American with Disabilities Act (ADA), among other laws—the Office of Federal Contract Compliance Programs (OFCCP) and the Civil Rights Center (CRC), which is part of the Office of the Assistant Secretary for Administration and Management.

  • Office of Federal Contract Compliance Programs (OFCCP)
    • OFCCP shares enforcement authority for Title I of the ADA with the U.S. Equal Employment Opportunity Commission (EEOC). The ADA covers employers with 15 or more employees, including state and local governments. It also applies to employment agencies and labor organizations. The nondiscrimination standards of the ADA apply to federal employees under Section 501 of the Rehabilitation Act. For more information about the ADA read “Facts About the Americans with Disabilities Act”.
    • OFCCP also enforces Section 503 of the Rehabilitation Act (Section 503). This law prohibits federal contractors and subcontractors from discriminating against individuals with disabilities and requires them to take affirmative action to recruit, hire, promote and retain workers with disabilities. The nondiscrimination and general affirmative action requirements of Section 503 apply to all government contractors with contracts or subcontracts in excess of $10,000 for the purchase, sale, or use of personal property or non-personal services. Recent updates to Section 503 have also strengthened its affirmative action requirements. Contractors that have a contract or sub-contract of $50,000 or more and 50 or more employees must have an actual affirmative action program or plan. The regulations also include a utilization goal of 7 percent. That’s a “yardstick” against which federal contractors can measure their success in recruiting and hiring individuals with disabilities. Most federal contractors are covered by both Section 503 and the ADA. For more information, read these frequently asked questions about the Section 503 regulations.
    • OFCCP also enforces the Vietnam Era Veterans Readjustment Assistance Act (VEVRAA), which prohibits employment discrimination against certain categories of veterans by federal contractors. Some veterans with disabilities are covered under this law. OFCCP has strengthened the VEVRAA regulations by making affirmative action requirements more specific and requiring contractors to establish benchmarks to measure their progress toward achieving equal opportunity.
    • The EEOC is mainly responsible for enforcing the employment provisions of Title I of the ADA.
  • Office of the Assistant Secretary for Administration and Management, Civil Rights Center (CRC)
    • CRC enforces several federal disability nondiscrimination laws, including Title II of the ADA as it applies to the workforce and labor-related practices of state and local governments and other public entities. In addition, the CRC enforces Sections 504 and 508 of the Rehabilitation Act of 1973 and laws that apply to recipients of financial assistance under Title I of the Workforce Innovation and Opportunity Act (WIOA).
    • Section 504 prohibits recipients of federal financial assistance from discriminating against qualified individuals with disabilities in employment and in their programs and activities. It also imposes affirmative disability-related responsibilities on recipients of federal financial assistance as well as federal programs and activities. The CRC specifically enforces the law as it relates to groups that receive financial assistance from DOL.
    • Section 508 requires that electronic and information technology be accessible to people with disabilities. For more information, read “What is Section 508.”
    • Section 188 WIOA Nondiscrimination and Equal Opportunity Regulations prohibit disability-based discrimination by programs and activities that are offered as part of the public workforce development service delivery system. Title II of the ADA contains similar provisions applicable to public employers, and CRC enforces Title II as it relates to all programs, services and regulatory activities of organizations involving labor and the workforce.
  • Employment and Training Administration (ETA)
    • ETA provides grants and other services that offer job search assistance, provide supportive employment services and job training and connect employers with skilled workers.
    • WIOA, which replaced the Workforce Investment Act of 1998, helps job seekers access the services they need to succeed in employment and connect employers with skilled workers. Under WIOA, low-income people and those with barriers to employment, including people with disabilities, are considered priority populations for funding and services.
    • WIOA also amended Title I of the Rehabilitation Act of 1973 to improve vocational rehabilitation agencies’ ability to work with employers, as well as with other entities providing services to individuals with disabilities, to support competitive integrated employment.

Both ETA and the U.S. Department of Education use WIOA to improve access to education and workforce services for individuals with significant barriers to employment—some veterans, individuals with disabilities, out-of-school and at-risk youth, and other populations—to ensure that everyone has an opportunity to get a good job. 


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The Americans with Disabilities Act (ADA) prohibits
discrimination against people with disabilities in employment, transportation, public accommodation, communications,
and governmental activities. The ADA also establishes
requirements for telecommunications relay services.

The Department of Labor's Office of Disability Employment
Policy (ODEP) provides publications and other technical assistance
on the basic requirements of the ADA. It does not enforce 
any part of the law.


In addition to the Department of Labor, four federal agencies
enforce the ADA:

The Equal Employment Opportunity Commission (EEOC) enforces regulations covering employment.

 The Department of Transportation enforces regulations governing transit.

 The Federal Communications Commission (FCC) enforces regulations covering telecommunication services.

The Department of Justice enforces regulations governing public accommodations and state and local government services.

Another federal agency, the Architectural and Transportation Barriers Compliance Board
(ATBCB), also known as the Access Board, issues guidelines to ensure
that buildings, facilities, and transit vehicles are accessible and usable by people with disabilities.

Two agencies within the Department of Labor enforce portions of the
ADA.

The Office of Federal Contract Compliance Programs (OFCCP) has coordinating authority under the employment-related provisions of the ADA.  The Civil Rights Center is responsible for enforcing Title II of
the ADA as it applies to the labor- and workforce-related practices
of state and local governments and other public entities.

See the Laws & Regulations subtopic for specific information on these provisions.

http://www.dol.gov/dol/topic/disability/ada.htm


Americans with Disabilities Act

The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities in several areas, including employment, transportation, public accommodations, communications and access to state and local government’ programs and services. As it relates to employment, Title I of the ADA protects the rights of both employees and job seekers. The ADA also establishes requirements for telecommunications relay servicesTitle IV, which is regulated by the Federal Communications Commission (FCC), also requires closed captioning of federally funded public service announcements.

While the U.S. Department of Labor's (DOL) Office of Disability Employment Policy (ODEP) does not enforce the ADA, it does offer publications and other technical assistance on the basic requirements of the law, including covered employers’ obligation to provide reasonable accommodations to qualified job applicants and employees with disabilities. For a quick overview of the ADA read “The Americans with Disabilities Act: A Brief Overview.”

In addition to the U.S. Department of Labor, several other federal agencies have a role in enforcing, or investigating claims involving, the ADA:

  • The U.S Equal Employment Opportunity Commission (EEOC) enforces Title I of the ADA. Title I prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in applying for jobs, hiring, firing and job training.
  • The U.S. Department of Transportation enforces regulations governing transit, which includes ensuring that recipients of federal aid and state and local entities responsible for roadways and pedestrian facilities do not discriminate on the basis of disability in highway transportation programs or activities. The department also issues guidance to transit agencies on how to comply with the ADA to ensure that public transit vehicles and facilities are accessible.
  • The Federal Communications Commission (FCC) enforces regulations covering telecommunication services. Title IV of the ADA covers telephone and television access for people with hearing and speech disabilities. It requires telephone and Internet companies to provide a nationwide system of telecommunications relay services that allow people with hearing and speech disabilities to communicate over the telephone.
  • The U.S. Department of Justice enforces ADA regulations governing state and local government services (Title II) and public accommodations (Title III).
  • The U.S. Department of Education, like many other federal agencies, enforces Title II of the ADA, which prohibit discrimination in programs or activities that receive federal financial assistance from the department.
  • The U.S. Department of Health and Human Services (HHS) also enforces Title II of the ADA relating to access to programs, services and activities receiving HHS federal financial assistance. This includes ensuring that people who are deaf or hard-of-hearing have access to sign language interpreters and other auxiliary aids in hospitals and clinics when needed for effective communication.
  • Another federal agency, the Architectural and Transportation Barriers Compliance Board (ATBCB), also known as the Access Board, issues guidelines to ensure that buildings, facilities and transit vehicles are accessible to people with disabilities. The Guidelines & Standards issued under the ADA and other laws establish design requirements for the construction and alteration of facilities. These standards apply to places of public accommodation, commercial facilities, and state and local government facilities.

Two agencies within the U.S. Department of Labor enforce parts of the ADA. The Office of Federal Contract Compliance Programs (OFCCP) has coordinating authority under the employment-related provisions of the ADA. The Civil Rights Center (CRC) is responsible for enforcing Title II of the ADA as it applies to the labor- and workforce-related practices of state and local governments and other public entities. Visit the Laws & Regulations subtopic for specific information on these provisions.

DOL Resources on the ADA

Other Resources on the ADA

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Are You Covered?
What Employment Practices are Covered?
Who Is Protected?
How Are Essential Functions Determined?
What Are My Obligations to Provide Reasonable Accommodations?
What is the Best Way to Identify a Reasonable Accommodation?
When Does a Reasonable Accommodation Become An Undue Hardship?
Can I Require Medical Examinations or Ask Questions About an Individual's Disability?
Do Individuals Who Use Drugs Illegally Have Rights Under the ADA?
How will the ADA Be Enforced and What Are the Available Remedies?
How Will EEOC Help Employers Who Want to Comply with the ADA?

http://www.eeoc.gov/facts/ada17.html


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The ADA: Your Responsibilities as an Employer

Notice Concerning The Americans With Disabilities Act Amendments Act Of 2008

This document was issued prior to enactment of the Americans with Disabilities Act Amendments Act of 2008 (ADAAA), which took effect on January 1, 2009.  The ADAAA broadened the statutory definition of disability, as summarized in this list of specific changes.

ADDENDUM

Since The Americans with Disabilities Act: Your Responsibilities as an Employer was published, the Supreme Court has ruled that the determination of whether a person has an ADA "disability" must take into consideration whether the person is substantially limited in performing a major life activity when using a mitigating measure. This means that if a person has little or no difficulty performing any major life activity because s/he uses a mitigating measure, then that person will not meet the ADA's first definition of "disability." The Supreme Court's rulings were in Sutton v. United Airlines, Inc., 527 U.S. ____ (1999), and Murphy v. United Parcel Service, Inc., 527 U.S. ____ (1999).

As a result of the Supreme Court's ruling, this document's guidance on mitigating measures, found in the section "Additional Questions and Answers on the Americans with Disabilities Act," is superseded. Following the Supreme Court's ruling, whether a person has an ADA "disability" is determined by taking into account the positive and negative effects of mitigating measures used by the individual. The Supreme Court's ruling does not change anything else in this document.

For more information on the Supreme Court rulings and their impact on determining whether specific individuals meet the definition of "disability," consult the Instructions for Field Offices: Analyzing ADA Charges After Supreme Court Decisions Addressing "Disability" and "Qualified," which can be found on EEOC's website at www.eeoc.gov.


The Americans with Disabilities Act of 1990 (ADA) makes it unlawful to discriminate in employment against a qualified individual with a disability. The ADA also outlaws discrimination against individuals with disabilities in State and local government services, public accommodations, transportation and telecommunications. This booklet explains the part of the ADA that prohibits job discrimination. This part of the law is enforced by the U.S. Equal Employment Opportunity Commission and State and local civil rights enforcement agencies that work with the Commission.


Are You Covered?

Job discrimination against people with disabilities is illegal if practiced by:

  • private employers,
  • state and local governments,
  • employment agencies,
  • labor organizations, and
  • labor-management committees.

The part of the ADA enforced by the EEOC outlaws job discrimination by:

  • all employers, including State and local government employers, with 25 or more employees after July 26, 1992, and
  • all employers, including State and local government employers, with 15 or more employees after July 26, 1994.

Another part of the ADA, enforced by the U.S. Department of Justice, prohibits discrimination in State and local government programs and activities, including discrimination by all State and local governments, regardless of the number of employees, after January 26, 1992.

Because the ADA establishes overlapping responsibilities in both EEOC and DOJ for employment by State and local governments, the Federal enforcement effort will be coordinated by EEOC and DOJ to avoid duplication in investigative and enforcement activities. In addition, since some private and governmental employers are already covered by nondiscrimination and affirmative action requirements under the Rehabilitation Act of 1973, EEOC, DOJ, and the Department of Labor will similarly coordinate the enforcement effort under the ADA and the Rehabilitation Act.


What Employment Practices are Covered?

The ADA makes it unlawful to discriminate in all employment practices such as:

  • recruitment
  • pay
  • hiring
  • firing
  • promotion
  • job assignments
  • training
  • leave
  • lay-off
  • benefits
  • all other employment related activities.

The ADA prohibits an employer from retaliating against an applicant or employee for asserting his rights under the ADA. The Act also makes it unlawful to discriminate against an applicant or employee, whether disabled or not, because of the individual's family, business, social or other relationship or association with an individual with a disability.


Who Is Protected?

Title I of the ADA protects qualified individuals with disabilities from employment discrimination. Under the ADA, a person has a disability if he has a physical or mental impairment that substantially limits a major life activity. The ADA also protects individuals who have a record of a substantially limiting impairment, and people who are regarded as having a substantially limiting impairment.

To be protected under the ADA, an individual must have, have a record of, or be regarded as having a substantial, as opposed to a minor, impairment. A substantial impairment is one that significantly limits or restricts a major life activity such as hearing, seeing, speaking, breathing, performing manual tasks, walking, caring for oneself, learning or working.

An individual with a disability must also be qualified to perform the essential functions of the job with or without reasonable accommodation, in order to be protected by the ADA. This means that the applicant or employee must:

  • satisfy your job requirements for educational background, employment experience, skills, licenses, and any other qualification standards that are job related; and
  • be able to perform those tasks that are essential to the job, with or without reasonable accommodation.

The ADA does not interfere with your right to hire the best qualified applicant. Nor does the ADA impose any affirmative action obligations. The ADA simply prohibits you from discriminating against a qualified applicant or employee because of her disability.


How Are Essential Functions Determined?

Essential functions are the basic job duties that an employee must be able to perform, with or without reasonable accommodation. You should carefully examine each job to determine which functions or tasks are essential to performance. (This is particularly important before taking an employment action such as recruiting, advertising, hiring, promoting or firing).

Factors to consider in determining if a function is essential include:

  • whether the reason the position exists is to perform that function,
  • the number of other employees available to perform the function or among whom the performance of the function can be distributed, and
  • the degree of expertise or skill required to perform the function.

Your judgment as to which functions are essential, and a written job description prepared before advertising or interviewing for a job will be considered by EEOC as evidence of essential functions. Other kinds of evidence that EEOC will consider include:

  • the actual work experience of present or past employees in the job,
  • the time spent performing a function,
  • the consequences of not requiring that an employee perform a function, and
  • the terms of a collective bargaining agreement.

What Are My Obligations to Provide Reasonable Accommodations?

Reasonable accommodation is any change or adjustment to a job or work environment that permits a qualified applicant or employee with a disability to participate in the job application process, to perform the essential functions of a job, or to enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities. For example, reasonable accommodation may include:

  • acquiring or modifying equipment or devices,
  • job restructuring,
  • part-time or modified work schedules,
  • reassignment to a vacant position,
  • adjusting or modifying examinations, training materials or policies,
  • providing readers and interpreters, and
  • making the workplace readily accessible to and usable by people with disabilities.

Reasonable accommodation also must be made to enable an individual with a disability to participate in the application process, and to enjoy benefits and privileges of employment equal to those available to other employees.

It is a violation of the ADA to fail to provide reasonable accommodation to the known physical or mental limitations of a qualified individual with a disability, unless to do so would impose an undue hardship on the operation of your business. Undue hardship means that the accommodation would require significant difficulty or expense.


What is the Best Way to Identify a Reasonable Accommodation?

Frequently, when a qualified individual with a disability requests a reasonable accommodation, the appropriate accommodation is obvious. The individual may suggest a reasonable accommodation based upon her own life or work experience. However, when the appropriate accommodation is not readily apparent, you must make a reasonable effort to identify one. The best way to do this is to consult informally with the applicant or employee about potential accommodations that would enable the individual to participate in the application process or perform the essential functions of the job. If this consultation does not identify an appropriate accommodation, you may contact the EEOC, State or local vocational rehabilitation agencies, or State or local organizations representing or providing services to individuals with disabilities. Another resource is the Job Accommodation Network (JAN). JAN is a free consultant service that helps employers make individualized accommodations. The telephone number is 1-800-526-7234.


When Does a Reasonable Accommodation Become An Undue Hardship?

It is not necessary to provide a reasonable accommodation if doing so would cause an undue hardship. Undue hardship means that an accommodation would be unduly costly, extensive, substantial or disruptive, or would fundamentally alter the nature or operation of the business. Among the factors to be considered in determining whether an accommodation is an undue hardship are the cost of the accommodation, the employer's size, financial resources and the nature and structure of its operation.

If a particular accommodation would be an undue hardship, you must try to identify another accommodation that will not pose such a hardship. If cost causes the undue hardship, you must also consider whether funding for an accommodation is available from an outside source, such as a vocational rehabilitation agency, and if the cost of providing the accommodation can be offset by state or federal tax credits or deductions. You must also give the applicant or employee with a disability the opportunity to provide the accommodation or pay for the portion of the accommodation that constitutes an undue hardship.


Can I Require Medical Examinations or Ask Questions About an Individual's Disability?

It is unlawful to:

  • ask an applicant whether she is disabled or about the nature or severity of a disability, or
  • to require the applicant to take a medical examination before making a job offer.

You can ask an applicant questions about ability to perform job-related functions, as long as the questions are not phrased in terms of a disability. You can also ask an applicant to describe or to demonstrate how, with or without reasonable accommodation, the applicant will perform job-related functions.

After a job offer is made and prior to the commencement of employment duties, you may require that an applicant take a medical examination if everyone who will be working in the job category must also take the examination. You may condition the job offer on the results of the medical examination. However, if an individual is not hired because a medical examination reveals the existence of a disability, you must be able to show that the reasons for exclusion are job related and necessary for conduct of your business. You also must be able to show that there was no reasonable accommodation that would have made it possible for the individual to perform the essential job functions.

Once you have hired an applicant, you cannot require a medical examination or ask an employee questions about disability unless you can show that these requirements are job related and necessary for the conduct of your business. You may conduct voluntary medical examinations that are part of an employee health program.

The results of all medical examinations or information from inquiries about a disability must be kept confidential, and maintained in separate medical files. You may provide medical information required by State workers' compensation laws to the agencies that administer such laws.


Do Individuals Who Use Drugs Illegally Have Rights Under the ADA?

Anyone who is currently using drugs illegally is not protected by the ADA and may be denied employment or fired on the basis of such use. The ADA does not prevent employers from testing applicants or employees for current illegal drug use, or from making employment decisions based on verifiable results. A test for the illegal use of drugs is not considered a medical examination under the ADA; therefore, it is not a prohibited pre-employment medical examination and you will not have to show that the administration of the test is job related and consistent with business necessity. The ADA does not encourage, authorize or prohibit drug tests.


How will the ADA Be Enforced and What Are the Available Remedies?

The provisions of the ADA which prohibit job discrimination will be enforced by the U.S. Equal Employment Opportunity Commission. After July 26, 1992, individuals who believe they have been discriminated against on the basis of their disability can file a charge with the Commission at any of its offices located throughout the United States. A charge of discrimination must be filed within 180 days of the discrimination, unless there is a state or local law that also provides relief for discrimination on the basis of disability. In those cases, the complainant has 300 days to file a charge.

The Commission will investigate and initially attempt to resolve the charge through conciliation, following the same procedures used to handle charges of discrimination filed under Title VII of the Civil Rights Act of 1964. The ADA also incorporates the remedies contained in Title VII. These remedies include hiring, promotion, reinstatement, back pay, and attorneys fees. Reasonable accommodation is also available as a remedy under the ADA.


How Will EEOC Help Employers Who Want to Comply with the ADA?

The Commission believes that employers want to comply with the ADA, and that if they are given sufficient information on how to comply, they will do so voluntarily.

Accordingly, the Commission conducts an active technical assistance program to promote voluntary compliance with the ADA. This program is designed to help employers understand their responsibilities and assist people with disabilities to understand their rights and the law.

In January 1992, EEOC published a Technical Assistance Manual, providing practical application of legal requirements to specific employment activities, with a directory of resources to aid compliance. EEOC publishes other educational materials, provides training on the law for employers and for people with disabilities, and participates in meetings and training programs of other organizations. EEOC staff also will respond to individual requests for information and assistance. The Commission's technical assistance program is separate and distinct from its enforcement responsibilities. Employers who seek information or assistance from the Commission will not be subject to any enforcement action because of such inquiries.

The Commission also recognizes that differences and disputes about the ADA requirements may arise between employers and people with disabilities as a result of misunderstandings. Such disputes frequently can be resolved more effectively through informal negotiation or mediation procedures, rather than through the formal enforcement process of the ADA. Accordingly, EEOC will encourage efforts to settle such differences through alternative dispute resolution, providing that such efforts do not deprive any individual of legal rights provided by the statute.


Additional Questions and Answers on the Americans with Disabilities Act

Q. What is the relationship between the ADA and the Rehabilitation Act of 1973?

A. The Rehabilitation Act of 1973 prohibits discrimination on the basis of handicap by the federal government, federal contractors and by recipients of federal financial assistance. If you were covered by the Rehabilitation Act prior to the passage of the ADA, the ADA will not affect that coverage. Many of the provisions contained in the ADA are based on Section 504 of the Rehabilitation Act and its implementing regulations. If you are receiving federal financial assistance and are in compliance with Section 504, you are probably in compliance with the ADA requirements affecting employment except in those areas where the ADA contains additional requirements. Your nondiscrimination requirements as a federal contractor under Section 503 of the Rehabilitation Act will be essentially the same as those under the ADA; however, you will continue to have additional affirmative action requirements under Section 503 that do not exist under the ADA.

Q. If I have several qualified applicants for a job, does the ADA require that I hire the applicant with a disability?

A. No. You may hire the most qualified applicant. The ADA only makes it unlawful for you to discriminate against a qualified individual with a disability on the basis of disability.

Q. One of my employees is a diabetic, but takes insulin daily to control his diabetes. As a result, the diabetes has no significant impact on his employment. Is he protected by the ADA?

A. Yes. The determination as to whether a person has a disability under the ADA is made without regard to mitigating measures, such as medications, auxiliary aids and reasonable accommodations. If an individual has an impairment that substantially limits a major life activity, she is protected under the ADA, regardless of the fact that the disease or condition or its effects may be corrected or controlled.

Q. One of my employees has a broken arm that will heal but is temporarily unable to perform the essential functions of his job as a mechanic. Is this employee protected by the ADA?

A. No. Although this employee does have an impairment, it does not substantially limit a major life activity if it is of limited duration and will have no long term effect.

Q. Am I obligated to provide a reasonable accommodation for an individual if I am unaware of her physical or mental impairment?

A. No. An employer's obligation to provide reasonable accommodation applies only to known physical or mental limitations. However, this does not mean that an applicant or employee must always inform you of a disability. If a disability is obvious, e.g., the applicant uses a wheelchair, the employer "knows" of the disability even if the applicant never mentions it.

Q. How do I determine whether a reasonable accommodation is appropriate and the type of accommodation that should be made available?

A. The requirement generally will be triggered by a request from an individual with a disability, who frequently can suggest an appropriate accommodation. Accommodations must be made on a case-by-case basis, because the nature and extent of a disabling condition and the requirements of the job will vary. The principal test in selecting a particular type of accommodation is that of effectiveness, i.e., whether the accommodation will enable the person with a disability to perform the essential functions of the job. It need not be the best accommodation or the accommodation the individual with a disability would prefer, although primary consideration should be given to the preference of the individual involved. However, as the employer, you have the final discretion to choose between effective accommodations, and you may select one that is least expensive or easier to provide.

Q. When must I consider reassigning an employee with a disability to another job as a reasonable accommodation?

A. When an employee with a disability is unable to perform her present job even with the provision of a reasonable accommodation, you must consider reassigning the employee to an existing position that she can perform with or without a reasonable accommodation. The requirement to consider reassignment applies only to employees and not to applicants. You are not required to create a position or to bump another employee in order to create a vacancy. Nor are you required to promote an employee with a disability to a higher level position.

Q. What if an applicant or employee refuses to accept an accommodation that I offer?

A. The ADA provides that an employer cannot require a qualified individual with a disability to accept an accommodation that is neither requested nor needed by the individual. However, if a necessary reasonable accommodation is refused, the individual may be considered not qualified.

Q. If our business has a health spa in the building, must it be accessible to employees with disabilities?

A. Yes. Under the ADA , workers with disabilities must have equal access to all benefits and privileges of employment that are available to similarly situated employees without disabilities. The duty to provide reasonable accommodation applies to all non-work facilities provided or maintained by you for your employees. This includes cafeterias, lounges, auditoriums, company-provided transportation and counseling services. If making an existing facility accessible would be an undue hardship, you must provide a comparable facility that will enable a person with a disability to enjoy benefits and privileges of employment similar to those enjoyed by other employees, unless this would be an undue hardship.

Q. If I contract for a consulting firm to develop a training course for my employees, and the firm arranges for the course to be held at a hotel that is inaccessible to one of my employees, am I liable under the ADA?

A. Yes. An employer may not do through a contractual or other relationship what it is prohibited from doing directly. You would be required to provide a location that is readily accessible to, and usable by your employee with a disability unless to do so would create an undue hardship.

Q. What are my responsibilities as an employer for making my facilities accessible?

A. As an employer, you are responsible under Title I of the ADA for making facilities accessible to qualified applicants and employees with disabilities as a reasonable accommodation, unless this would cause undue hardship. Accessibility must be provided to enable a qualified applicant to participate in the application process, to enable a qualified individual to perform essential job functions and to enable an employee with a disability to enjoy benefits and privileges available to other employees. However, if your business is a place of public accommodation (such as a restaurant, retail store or bank) you have different obligations to provide accessibility to the general public, under Title III of the ADA. Title III also will require places of public accommodation and commercial facilities (such as office buildings, factories and warehouses) to provide accessibility in new construction or when making alterations to existing structures. Further information on these requirements may be obtained from the U.S. Department of Justice, which enforces Title III. (See page 22).

Q. Under the ADA, can an employer refuse to hire an individual or fire a current employee who uses drugs illegally?

A. Yes. Individuals who currently use drugs illegally are specifically excluded from the ADA's protections. However, the ADA does not exclude:

  • persons who have successfully completed or are currently in a rehabilitation program and are no longer illegally using drugs, and
  • persons erroneously regarded as engaging in the illegal use of drugs.

Q. Does the ADA cover people with AIDS?

A. Yes. The legislative history indicates that Congress intended the ADA to protect persons with AIDS and HIV disease from discrimination.

Q. Can I consider health and safety in deciding whether to hire an applicant or retain an employee with a disability?

A. The ADA permits an employer to require that an individual not pose a direct threat to the health and safety of the individual or others in the work-place. A direct threat means a significant risk of substantial harm. You cannot refuse to hire or fire an individual because of a slightly increased risk of harm to himself or others. Nor can you do so based on a speculative or remote risk. The determination that an individual poses a direct threat must be based on objective, factual evidence regarding the individual's present ability to perform essential job functions. If an applicant or employee with a disability poses a direct threat to the health or safety of himself or others, you must consider whether the risk can be eliminated or reduced to an acceptable level with a reasonable accommodation. Q. Am I required to provide additional insurance for employees with disabilities?

A. No. The ADA only requires that you provide an employee with a disability equal access to whatever health insurance coverage you provide to other employees. For example, if your health insurance coverage for certain treatments is limited to a specified number per year, and an employee, because of a disability, needs more than the specified number, the ADA does not require that you provide additional coverage to meet that employee's health insurance needs. The ADA also does not require changes in insurance plans that exclude or limit coverage for pre-existing conditions.

Q. Does the ADA require that I post a notice explaining its requirements?

A. The ADA requires that you post a notice in an accessible format to applicants, employees and members of labor organizations, describing the provisions of the Act. EEOC will provide employers with a poster summarizing these and other Federal legal requirements for nondiscrimination. EEOC will also provide guidance on making this information available in accessible formats for people with disabilities.


For more specific information about ADA requirements affecting employment contact:

Equal Employment Opportunity Commission
P.O. Box 7033
Lawrence, Kansas 66044
(800) 669-4000 (Voice), (800) 669-6820 (TDD)

For more specific information about ADA requirements affecting public accommodations and State and local government services contact:

Department of Justice
Office on the Americans with Disabilities Act
Civil Rights Division
P.O. Box 66118
Washington, DC 20035-6118
(202) 514-0301 (Voice)
(202) 514-0381 (TDD)
(202) 514-0383 (TDD)

For more specific information about requirements for accessible design in new construction and alterations contact:

Architectural and Transportation Barriers
Compliance Board

1111 18th Street, NW
Suite 501
Washington, DC 20036
800-USA-ABLE
800-USA-ABLE ( TDD)

For more specific information about ADA requirements affecting transportation contact:

Department of Transportation
400 Seventh Street, SW
Washington, DC 20590
(202) 366-9305
(202) 755-7687 (TDD)

For more specific information about ADA requirements for telecommunications contact:

Federal Communications Commission
1919 M Street, NW
Washington, DC 20554
(202) 634-1837
(202) 632-1836 (TDD)

For more specific information about federal disability-related tax credits and deductions for business contact:

Internal Revenue Service
Department of the Treasury
1111 Constitution Avenue, NW
Washington, DC 20044
(202) 566-2000

This booklet is available in Braille, large print, audiotape and electronic file on computer disk. To obtain accessible formats call the Office of Equal Employment Opportunity on (202) 663-4395 (voice) or (202) 663-4399 (TDD), or write to this office at 1801 L Street, N.W., Washington, D.C. 20507.



"The Americans with Disabilities Act of 1990 (ADA) makes it unlawful
to discriminate in employment against a qualified individual with a disability. The ADA also outlaws discrimination against individuals
with disabilities in State and local government services, public accommodations, transportation and telecommunications.


This booklet explains the part of the ADA that prohibits
job discrimination. This part of the law is enforced by
the U.S. Equal Employment Opportunity Commission
and State and local civil rights enforcement agencies
that work with the Commission.

What Employers Are Covered by the ADA?

Job discrimination against people with disabilities
is illegal if practiced by:

private employers,
state and local governments,
employment agencies,
labor organizations,
and labor-management committees.

The part of the ADA enforced by the EEOC outlaws
job discrimination by:

all employers, including State and local government employers,
with 25 or more
employees after July 26, 1992, and
all employers, including State and local government employers,
with 15 or more
employees after July 26, 1994.

Another part of the ADA, enforced by the
U.S. Department of Justice, prohibits discrimination in State
and local government programs and activities, including
discrimination by all State and local governments, regardless
of the number of employees, after January 26, 1992.

Because the ADA establishes overlapping responsibilities in both EEOC and DOJ for employment by State and local governments, the Federal enforcement effort is coordinated by EEOC and DOJ to avoid
duplication in investigative and enforcement activities.


In addition, since some private and governmental employers are
already covered by nondiscrimination and affirmative action
requirements under the Rehabilitation Act of 1973, EEOC, DOJ,
and the Department of Labor similarly coordinate the enforcement
effort under the ADA and the Rehabilitation Act."

http://www.eeoc.gov/facts/ada18.html


*

Disability Discrimination and Work Situations
Disability Discrimination and Harassment
Disability Discrimination and Reasonable Accommodation
Disability Discrimination and Reasonable Accommodation and
Undue Hardship
Definition Of Disability
Disability and Medical Exams During Employment Application
and Interview Stage
Disability and Medical Exams After A Job Offer For Employment
Disability and Medical Exams For Persons Who Have Started
Working As Employees
Available Resources

http://eeoc.gov/laws/types/disability.cfm


*

"The majority of adults with intellectual and developmental
disabilities (I/DD) are either unemployed or underemployed,
despite their ability, desire, and willingness to work in the
community.

The United States Bureau of Labor Statistics (BLS) regularly
reports that the percentage of working-age people with 
disabilities in the labor force is about one-third that of persons 
with no disability. On average, workers with disabilities face 
significant gaps in pay and compensation, compared to workers
with no disability. 

Additionally, about one in three employment discrimination
charges filed with the United States Equal Employment
Opportunity Commission allege discrimination on the
basis of disability (often, in combination with charges of other
types of discrimination)."


http://www.thearc.org/what-we-do/public-policy/policy-issues/employment



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http://www.nod.org/sitemap.html


AND

http://tinyurl.com/gwbcch3


Employment Resources

Unemployment is one of the most profound issues facing the disability community. NOD is committed to increasing the employment rate of people with disabilities. To help job seekers with disabilities, NOD offers resources specifically addressing employment needs.

Resources and Information

America’s Service Locator

America’s Service Locator connects individuals to employment and training opportunities available at local One-Stop Career Centers. The Website provides contact information for a range of local work-related services, including unemployment benefits, career development, and educational opportunities. Visit America’s Service Locator.

Disability.jobs

Disability.jobs is powered by DirectEmployers, an employer-owned and managed association comprised of talent acquisition and OFCCP compliance professionals from over 750 of the nation’s top employers. The companies featured on Disability.jobs have a focus on the recruiting and hiring individuals with disabilities and creating an inclusive workforce. Visit Disability.Jobs.

.GettingHired.com

GettingHired.com is a private sector initiative helping to close the employment participation gap for people with disabilities while helping employers meet the challenge of finding qualified workers. It is the largest national employment and networking portal connecting talented job seekers who happen to have disabilities, employers and jobs, agencies providing services to the community of people with disabilities, college and university disability and career services departments, veterans groups and disability advocacy groups. Visit GettingHired.com.

Hire Heroes USA

Hire Heroes USA provides career placement assistance to returning service men and women, specializing in the career placement of those injured or with any level of disability. Hire Heroes USA has a wide range of employment opportunities available nationwide, ranging from entry level to senior positions. Visit Hire Heroes USA.

HirePotential

HirePotential specializes in employing people with disabilities, mature workers, and veterans, working with businesses that actively support diversity. You can send your resume using their online tool, or view current job openings on their database. View the HirePotential.

Job Accommodation Network

The Job Accommodation Network (JAN) provides free consulting services for individuals with physical or intellectual limitations that affect employment. Services include one-on-one consultation about job accommodation ideas, requesting and negotiating accommodations, and rights under the Americans with Disabilities Act (ADA) and related laws. Visit the Job Accommodation Network.

Office of Disability Employment Policy

The Office of Disability Employment Policy (ODEP) provides national leadership on disability employment policy by developing and influencing the use of evidence-based disability employment policies and practices, building collaborative partnerships, and delivering authoritative and credible data on employment of people with disabilities. Visit the Office of Disability Employment Policy.

The Viscardi Center

The Viscardi Center’s Employment Placement Services assist youths and adults with disabilities, aging individuals and veterans in conducting successful job searches. Job placement specialists help individuals identify their work preferences, match job skills with current labor market needs, improve interview techniques and develop solid resumes with the goal of successfully placing them in the workforce. Visit the Viscardi Center.

USA Jobs

The USA jobs website lists positions available within the US government, and individuals with disabilities can use it in conjunction with the Selective Placement Program Coordinator (SPPC) directory. The directory lists the SPPC contact, who helps to recruit, hire and accommodate people with disabilities within each government agency. Visit USA Jobs.

Search for Jobs

There are a number of national websites that aggregate job listings, allowing users to search for jobs posted around the country. Two examples are Indeed.com and SimplyHired.com.

News & Events

Read about our latest work on behalf of Americans with disabilities.




*

May 12, 2012 - Opportunity Works was founded in an attempt
to improve employment of people with disabilities. Forbes

http://tinyurl.com/6lu6y5h

*

http://tinyurl.com/q8trnp4


*

Disabled Access Credit

The Disabled Access Credit provides a non-refundable credit for
small businesses that incur expenditures for the purpose of
providing access to persons with disabilities. An eligible small
business is one that that earned $1 million or less or had no
more than 30 full time employees in the previous year; they may
take the credit each and every year they incur access expenditures.
Refer to Form 8826, Disabled Access Credit (PDF),
for information about eligible expenditures.
Barrier Removal Tax Deduction

The Architectural Barrier Removal Tax Deduction encourages
businesses of any size to remove architectural and transportation 
barriers to the mobility of persons with disabilities and the elderly. Businesses may claim a deduction of up to $15,000 a year for
qualified expenses for items that 
normally must be capitalized.
Businesses claim the deduction by listing it as
a separate expense
on their income tax return. Also, businesses may use the 
Disabled
Tax Credit and the architectural/transportation tax deduction 

together in the same tax year, if the expenses meet the requirements
of both sections. To use both, the deduction is equal to the difference between the total expenditures and the amount of the credit claimed.


 Work Opportunity Credit

The Work Opportunity Credit provides eligible employers with
a tax credit up to 40 percent of the first $6,000 of first-year wages
of a new employee if the employee is part of a “targeted group.”
An employee with a disability is one of the targeted groups for the
Work Opportunity Credit, provided the appropriate government
agencies have certified the employee as disabled. The credit is
available to the employer once the employee has worked for
at least 120 hours or 90 days. Employers claim the credit on
Form 5884, Work Opportunity Credit (PDF).

http://tinyurl.com/q2esc6z


*

Tax Benefits for Businesses Who Have Employees with Disabilities

Businesses accommodating people with disabilities may qualify for some of the following tax credits and deductions. More detailed information may be found in the IRS publications referenced.

Disabled Access Credit

The Disabled Access Credit provides a non-refundable credit for small businesses that incur expenditures for the purpose of providing access to persons with disabilities. An eligible small business is one that earned $1 million or less or had no more than 30 full time employees in the previous year; they may take the credit each and every year they incur access expenditures. Refer to Form 8826, Disabled Access Credit (PDF), for information about eligible expenditures.

Barrier Removal Tax Deduction

The Architectural Barrier Removal Tax Deduction encourages businesses of any size to remove architectural and transportation barriers to the mobility of persons with disabilities and the elderly. Businesses may claim a deduction of up to $15,000 a year for qualified expenses for items that normally must be capitalized. Businesses claim the deduction by listing it as a separate expense on their income tax return. Also, businesses may use the Disabled Tax Credit and the architectural/transportation tax deduction together in the same tax year, if the expenses meet the requirements of both sections. To use both, the deduction is equal to the difference between the total expenditures and the amount of the credit claimed.

Work Opportunity Tax Credit

The  credit provides employers incentives to hire qualified individuals from these target groups.  The maximum tax credit ranges from $1,200 to $9,600, depending on the employee hired and the length of employment. The credit is available to employers for hiring individuals from certain target groups who have consistently faced significant barriers to employment. This includes people with disabilities and veterans

For more information on claiming this credit, go to the Work Opportunity Tax Credit page and the changes to the credit from the Protecting Americans from Tax Hikes Act of 2015 (PATH Act). Get the latest information about Form 5884, Work Opportunity Credit, and its instructions, and Form 8850, Pre-Screening Notice and Certification Request for the Work Opportunity Credit.

Additional information about these business topics concerning accommodations for individuals with disabilities are in:

There is also a wide array of tax benefits available to persons with disabilities, ranging from standard deductions and exemptions to business and itemized deductions to credits. Information about these issues is in Publication 3966, Living and Working with Disabilities (PDF).











If you are a new employer or new to employing people with disabilities,
you should start by reading the Guide to Disability Rights Laws.
This guide summarizes the major disability laws affecting employers, governments, schools and other organizations.

Americans with Disabilities Act

The Americans with Disabilities Act (ADA) requires any employer
with 15 or more employees to provide reasonable accommodation
for individuals with disabilities, unless doing so would cause undue hardship. A reasonable accommodation is any change in the work environment that enables a person with a disability to enjoy
equal employment opportunities.

Explore these resources for more information on how to comply
with the ADA.

Americans with Disabilities Act : A Primer for Small Businesses

Provides an easy-to-read, overview of the basic employment
provisions of the ADA as they relate to employees and job
applicants.

Disability Discrimination

Explains how to comply with the ADA's nondiscrimination
standards when hiring and employing people with disabilities.

Small Employers and Reasonable Accommodations

Offers answers to key questions facing small businesses in
connection with reasonable accommodations. Read about the
obligations of both employers and individuals with disabilities,
and review the limits on how far employers must go in providing
reasonable accommodations.

Hiring People with Disabilities

Now that you are familiar with ADA, you are ready to take
the next steps in employing people with disabilities.
The following resources will help you understand the ins and
outs of hiring people with disabilities.

http://www.sba.gov/content/hiring-people-with-disabilities

*

This web page features links to these sites:

» ACCES-VR – Adult Career and Continuing
Education Services –
Vocational Rehabilitation
» Americans with Disabilities Act
» Autism Society of America
Autoimmune Mom
» Better Business Bureau
» Brain Injury Assoc. USA
» DiNapoli Enhances His Financial Education Web Site
» Disability Info
» Disabled Veterans
» EEOC – Small Employers & Reasonable Accommodation
» Epilepsy Foundation
» GuideStar
Hope for Youth Foundation
» JAN – Job Accommodation Network
» Muscular Dystrophy Association
» National Association for Down Syndrome
» National Association of the Deaf
National Collaborative on Workforce and Disability for Youth
» National Multiple Sclerosis Society
» National Spinal Cord Injury Association
New York State Department of Mental Health
» Office of Disability Employment Policy ODEP
» OPWDD
»Our Ability
» Paralyzed Veterans of America
» PASSOnline
» Putnam County
» Putnam Works for Business
» Social Security Administration
»Social Security for People Living with HIV/AIDS
» Tax Incentives for Employers
» United Cerebral Palsy
» United Way of Westchester and Putnam
» US Dept. of Labor – Office of Disability Employment Policy
» Westchester County


Hire and manage employees

Establish a basic payroll structure to help you hire employees. Then, manage employees properly with a general understanding of state and federal labor laws.

Hire and pay employees

Before finding the right person for the job, you’ll need to create a plan for paying employees. Follow these steps to set up payroll:

  1. Get an Employer Identification Number (EIN)
  2. Find out whether you need state or local tax IDs
  3. Decide if you want an independent contractor or an employee
  4. Ensure new employees return a completed W-4 form
  5. Schedule pay periods to coordinate tax withholding for IRS
  6. Create a compensation plan for holiday, vacation and leave
  7. Choose an in-house or external service for administering payroll
  8. Decide who will manage your payroll system
  9. Know which records must stay on file and for how long
  10. Report payroll taxes as needed on quarterly and annual basis

The IRS maintains the Employer’s Tax Guide, which provides guidance on all federal tax filing requirements that could apply to the obligations for your small business. Check with your state tax agency for employer filing stipulations.

Employees and independent contractors

Distinguishing between employees and independent contractors can impact your bottom line, as this affects how you withhold taxes and avoid costly legal consequences. Learn the differences before hiring your first employee.

An independent contractor operates under a separate business name from your company and invoices for work completed. Independent contractors can sometimes qualify as employees in a legal sense. The Equal Employment Opportunity Commission created a guide for making the determination.

If your contractor is discovered to meet the legal definition of employee, you may need to pay back taxes and penalties, provide benefits, and reimburse for wages stipulated under the Fair Labor Standards Act.

Infographic explaining the relationship between a business and its employees.

Employees

Infographic explaining the relationship between a business and independent contractors.

Independent contractors

Build your team

John and Kelly hired employees to help manage the day-to-day operation of their auto repair shop.

READ MORE

Plan to offer employee benefits

Healthcare and other benefits play a significant role in hiring and retaining employees. Some employee benefits are required by law, but others are optional.

Required employee benefits

  • Social Security taxes: Employers must pay Social Security taxes at the same rate as their employees

  • Workers’ Compensation: Required through a commercial carrier, self-insured basis, or state Workers’ Compensation Program

  • Disability Insurance: Disability pay is required in California, Hawaii, New Jersey, New York, Rhode Island and Puerto Rico

  • Leave benefits: Most leave benefits are optional outside those stipulated in the Family and Medical Leave Act (FMLA)

  • Unemployment insurance: Varies by state, and you may need to register with your state workforce agency

Optional employee benefits

Your small businesses can offer a complete range of optional benefits to help attract and retain employees. Even if a benefit you offer is optional, it might still have to comply with certain laws if you choose to offer it.

Businesses that offer group health plans must comply with federal laws, for which the Department of Labor hosts a guide.

Employees can expand coverage through the Affordable Care Act and some may qualify for benefits via the Consolidated Omnibus Budget Reconciliation Act (COBRA). Businesses must extend the option of COBRA benefits to employees who are terminated or laid off.

Retirement plans are a very popular employee benefit. Consider offering an employer-sponsored plan like a 401k or a pension plan. The federal government offers a wide range of resources to aid small business owners in choosing their retirement plan and pension.

Employee incentive programs

Employee incentive programs can boost morale and create more draw for open positions: Common incentives such as stock options, flex time, wellness programs, corporate memberships and company events.

Consider benefits administration software if your budget allows. It can make your accounting easier and more efficient. Detailing these benefits in the employee handbook helps your staff make decisions, and they can use it as a reference for workplace requirements.

Follow federal and state labor laws

Protect workers’ rights and your business by adhering to labor laws, which means you must ensure that business practices align with industry regulations.

This includes learning applicable laws for hiring veteransforeign workershousehold employeeschild labor and people with disabilities, among others groups. You must also comply when terminating an employee, laying off workers, or downsizing the company.

Consult the Department of Labor’s federal and state law resources.

Need help? Get free business counseling.


Get advice from partner organizations like SCORE mentors, Small Business Development Centers, and Women’s Business Centers. Find one now.

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There are also links to additional sections of this website.

http://careersforpeoplewithdisabilities.org/resources-links/website-links/


*

Website Contents:

Benefits
Civil Rights
Community Life
Education
Emergency Preparedness
Employment
Health
Housing
Technology
Transportation

Employment Topics Covered on This Website
Employment
A Guide to Employment (3)
Accommodations & Supports on the Job (620)
Career Planning & Job Training (554)
Employment Laws & Regulations (343)
Federal Employment (112)
Information for Small Businesses (102)
Mentoring & Internship Programs (57)
Preparing Youth for Employment (303)
Recruiting & Hiring People with Disabilities (261)
Self-Employment (191)
Vocational Rehabilitation (325)
Filter your results by Vocational Rehabilitation which contains 325 results
Where to Look for a Job (469)
Workforce Development Resources (219)
Working while Receiving Social Security Disability Benefits (184)

In more information there is a link to specific sources found
on this website
related to employment.

https://www.disability.gov/

*

http://www.businessanddisability.org/images/pdf/code_practice.pdf


*

Table A. Employment status of the civilian noninstitutional population by
disability status and age, 2012 and 2013 annual averages
Persons with a Disability: Labor Force Characteristics



Technical Note
Table 1. Employment status of the civilian noninstitutional population by
disability status and selected characteristics, 2013 annual averages
Table 2. Employed full- and part-time workers by disability status and age,
2013 annual averages
Table 3. Employed persons by disability status, occupation, and sex,
2013 annual averages
Table 4. Employed persons by disability status, industry, class of worker,
and sex, 2013 annual averages
Table 5. Persons not in the labor force by disability status, age, and sex,
2013 annual averages

http://www.bls.gov/news.release/disabl.nr0.htm

          *

"Work of decent quality is the most effective means of escaping the
vicious circle of marginalization, poverty and social exclusion.
People with disabilities are frequently trapped in this vicious circle,
and positive action is needed to assist them in breaking out of it. 

Barriers which disabled people face in getting jobs and taking
their place in society can and should be overcome through
a variety of policy measures, regulations, programmes, and
services.

The ILO’s Disability Programme promotes equality of opportunity
and treatment for persons with disabilities in vocational rehabilitation, training and employment, as reflected in Convention No. 159
concerning Vocational Rehabilitation of Employment of Disabled
Persons, 1983, and the ILO Code of Practice on Managing Disability
in the Workplace adopted in 2001. It works to increase knowledge on
the training and employment of people with disabilities,
by carrying out applied research relating to policy and practice,
compiling and disseminating information, publishing guidelines
and manuals, and sponsoring other research and reports."

Topics Covered on This Website

Child Labour
Collective bargaining and labour relations
Decent work
Domestic workers
Economic and social development
Employment promotion
Employment security
Equality and discrimination
Forced labour, human trafficking and slavery
Freedom of association
Green jobs
HIV/AIDS
Labour administration and inspection
Labour law
Labour migration
Millennium Development Goals
The Post-2015 Development Agenda
Safety and health at work
Skills, knowledge and employability
Disability and work
Social protection
Tripartism and social dialogue
Working conditions
Youth employment

http://tinyurl.com/n722hrs

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Community Links

Ability Links
Able Force
Ablevision
American Association of People with Disabilities (AAPD)
Camaraderie Foundation
Canine Partners of the Rockies
DisabilityInfo.gov
Emerging Leaders
Hillsborough Co. Scholarship for Student with Disability
Hire Disability Solutions
Home Buying Guide For People with Disabilities
Job Accommodation Network (JAN)
LOTSA Community Works
National Organization on Disability (NOD)
Outward Bound of North Carolina
Recruiting Qualified People with Disabilities
Sea Service Leadership Association (SSLA)
Sign Language Interpreter
Tampa Bay WorkForce Alliance (TBWA)
The Americans with Disabilities Act: A Primer for Small Business
United States Access Board
WorkNet Pinellas

http://www.enableamerica.org/Resources/index


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http://tinyurl.com/p7ga5nk


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http://tinyurl.com/orlprb3


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https://tinyurl.com/y3oxmh3k


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http://tinyurl.com/msjrlvm


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http://tinyurl.com/pmdezht


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The Complete Guide to Finding a Job for Individuals with Asperger Syndrome:
Find the Right Career and Get Hired
Author Barbara Bissonnetee
Edition illustrated
Publisher Jessica Kingsley Publishers, 2012
ISBN 1849059217, 9781849059213

http://tinyurl.com/kt2yk7n


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DATABASE SEARCH RESULTS :
DISABILITIES: LEARNING DISABILITIES :
CRIMINAL JUSTICE: CRIME AND CRIMINALS: JUVENILE ADOLESCENT TEEN :
BIBLIOGRAPHIES :
BOOKS :
JOURNAL ARTICLES:
Database Search Results for Sources
About Young Offenders with Learning Disabilities

       http://tinyurl.com/z5uakoa

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David Dillard

Net-Gold
https://groups.io/g/Net-Gold
http://groups.yahoo.com/group/net-gold
https://groups.io/org/groupsio/Net-Gold/archives
http://net-gold.3172864.n2.nabble.com/

Google Sites Research Guides
AND Discussion Group Directory
http://tinyurl.com/ngda2hk

OR

https://sites.google.com/site/researchguidesonsites/


INDOOR GARDENING
https://groups.io/g/indoor-gardening
Educator-Gold
http://groups.yahoo.com/group/Educator-Gold/
K12ADMINLIFE
http://groups.yahoo.com/group/K12AdminLIFE/



Social Work and Social Issues Discussion Group
https://groups.io/g/social-work

Tourism Discussion Group
https://groups.io/g/Tourism

Digital Scholarship Discussion Group
https://groups.io/g/DigitalScholarship/threads

https://groups.yahoo.com/neo/groups/digital-scholarship/info
https://digitalscholarshipandscholarlypublication.wordpress.com/


Copyright Research Guide
Copyright, Intellectual Property and Plagiarism Sources
http://guides.temple.edu/copyright-plagiarism
Fair Use
http://guides.temple.edu/fair-use

Blog
https://educatorgold.wordpress.com/

Articles by David Dillard
https://sites.google.com/site/daviddillardsarticles/

Information Literacy (Russell Conwell Guide)
http://tinyurl.com/78a4shn

Twitter: davidpdillard

Temple University Site Map
https://sites.google.com/site/templeunivsitemap/home

Bushell, R. & Sheldon, P. (eds),
Wellness and Tourism: Mind, Body, Spirit,
Place, New York: Cognizant Communication Books.
Wellness Tourism: Bibliographic and Webliographic Essay
David P. Dillard
http://tinyurl.com/o4pn4o9

Rail Transportation
https://groups.io/org/groupsio/RailTransportation

INDOOR GARDENING
Improve Your Chances for Indoor Gardening Success
http://tech.groups.yahoo.com/group/IndoorGardeningUrban/

SPORT-MED
https://www.jiscmail.ac.uk/lists/sport-med.html
http://groups.yahoo.com/group/sports-med/
http://listserv.temple.edu/archives/sport-med.html

HEALTH DIET FITNESS RECREATION SPORTS TOURISM
https://groups.yahoo.com/neo/groups/healthrecsport/info
http://listserv.temple.edu/archives/health-recreation-sports-tourism.html






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Please Ignore All Links to JIGLU
in search results for Net-Gold and related lists.
The Net-Gold relationship with JIGLU has
been terminated by JIGLU and these are dead links.
http://groups.yahoo.com/group/Net-Gold/message/30664
http://health.groups.yahoo.com/group/healthrecsport/message/145
Temple University Listserv Alert :
Years 2009 and 2010 Eliminated from Archives
https://sites.google.com/site/templeuniversitylistservalert/

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