>From the web page http://www.dol.gov/dol/_sec/public/programs/ptfead/rechart/index.htm Re-charting the Course First Report of the Presidential Task Force on Employment of Adults with Disabilities Presented to the President of the United States November 15, 1998 A Report of the Presidential Task Force on Employment of Adults with Disabilities. Produced pursuant to Executive Order No. 13078. Copies of this report are available from the Presidential Task Force on Employment of Adults with Disabilities website http://www.dol.gov. The Task Force is located at 200 Constitution Avenue, NW, Room S2312; Washington, D.C. 20210; 202.219.6081 (V); 202.219.0012 (TTY); 202.219.6523 (Fax). Any modification(s) made to this report, or material contained in this report, must be specified clearly, along with a description of the modification(s). Notice of modification(s) must be displayed prominently and must contain, if applicable, a notice that the modification(s) may compromise the validity and reliability of the conclusions or data in this report. This report is a product of the Presidential Task Force on Employment of Adults with Disabilities. Portions of the report were produced by the Independent Living Research Utilization (ILRU) program at 2323 S. Shepherd, Suite 1000, Houston, TX 77019. (http://www.ilru.org) Printed November 1998. ---------- Table of Contents Title Page: Re-charting the Course About the Presidential Task Force Introductory Letter Letter of Transmittal Dedication Acknowledgments Executive Order 13078 Members of the Presidential Task Force Foreword Executive Summary--Compass Points: Putting the Presidential Task Force on Employment of Adults with Disabilities in Context Chapter One --Initial Recommendations to the President Chapter Two --Presidential Task Force Agenda Afterword References Cited in the Report Appendices Appendix A --Summary of Section 2 Mandate Work Group Reports Appendix B --A Demographic Profile of People with Disabilities Appendix C --Summary of the President's Executive Actions on the Eighth Anniversary of the Americans with Disabilities Act Appendix D --Summary of Disability-Related Legislative Initiatives Appendix E -- Web Sites of Presidential Task Force Members Appendix F --Glossary of Acronyms Used in This Report ---------- About the Presidential Task Force On March 13, President William J. Clinton signed an Executive Order which created a Presidential Task Force on Employment of Adults with Disabilities. The President named Secretary of Labor Alexis Herman to Chair the Task Force, and appointed Tony Coelho, Chairman of the President's Committee on Employment of People with Disabilities, as the Vice-Chair. The purpose of the Task Force is to create a coordinated and aggressive national policy to bring adults with disabilities into gainful employment at a rate that is as close as possible to that of the general adult population. Key components of the task force's mission include analyzing existing programs and policies to determine what changes, modifications and innovations may be necessary to remove barriers to work, developing and recommending options to address health insurance coverage, analyzing youth programs related to employment and the outcomes of those programs for young people with disabilities, and evaluating whether federal studies related to employment and training can and should include a statistically significant sample of adults with disabilities. Task Force members include the Secretary of Education, the Secretary of Veterans Affairs, the Secretary of Health and Human Services, the Commissioner of the Social Security Administration, the Administrator of the Small Business Administration, the Chair of the Equal Employment Opportunity Commission, and the Chair of the National Council on Disability. The President urged federal agencies to move swiftly in beginning the work outlined in the Order. Several interim reports are called for in the Executive Order, and the final report is due July 26, 2002, the 10th anniversary of the initial implementation of the employment provisions of the Americans with Disabilities Act. For additional information, contact PTFEAD staff at 200 Constitution Avenue, NW, Room S2312, Washington, D.C. 20210; 202.219.6081 (V), 202.219.0012 (TTY), 202.219.6523 (Fax); http://www.dol.gov. Staff of the Presidential Task Force on Employment of Adults with Disabilities Rebecca L. Ogle, Executive Director Howard Moses, U.S. Department of Education, Office of Special Education and Rehabilitation Services--Deputy Assistant Secretary Lori Peterson, Administrative Assistant Kathleen M. Coleman, Environmental Protection Agency, Office of General Counsel Randy Cooper, Department of Labor, Employment Standards Administration, Office of Federal Contract Compliance Programs Bob Goldstraw, Social Security Administration, Office of Operations Linda D. Kontnier, Department of Labor, Employment Training Administration William R. McKinnon, Commander, Public Health Service, Department of Health and Human Services, Substance Abuse and Mental Health Services Administration, Center for Mental Health Services Linda L. Wang, Office of Personnel Management, Office of Executive Resources ---------- Introductory Letter The following letter to the President about his initiative to establish the Presidential Task Force on Employment of Adults with Disabilities reflects the concerns of many Americans with disabilities and their families about the employment status of people with disabilities in the United States today. It provides a meaningful challenge to the Task Force and a fitting introduction to this report. Barbara Lederman East Brunswick, NJ March 27, 1998 President Bill Clinton 1600 Pennsylvania Avenue Washington, DC 20500 Dear President Clinton, I am writing you regarding the Executive Order that you signed on March 13, 1998, that created the Presidential Task Force on Employment of Adults with Disabilities. I would like you to instruct the disability experts working on this Task Force to address the issue regarding FAIR and ADEQUATE wages. I have a son who is disabled and wants to work more than anything in this world. Because he cannot earn more than $500 per month before he loses his disability check, he cannot earn a salary that will allow him to live a decent life and get off Rental Assistance and Food Stamps. The way the law is now, it completely takes away all motivation to work. It took months and months before he got this job because of the lack of job placement services. The Americans with Disabilities Act has paved the way in the workplace, but you need to do more to encourage the disabled community to work. Who can live on $500 per month? Certainly no one from the northeast. Finding a job is such a complicated and hard issue that one soon thinks he is a loser for life. Please see what you can do to raise the standard of living for the disabled to a level that will enable them to work and have some self esteem. Yours truly, Barbara Lederman cc: Senator Lautenberg Senator Torricelli Congressman Pappas ---------- Letter of Transmittal The President William Jefferson Clinton The White House Washington, D.C. 20500 Dear Mr. President: For the Task Force Members and Staff, we respectfully and proudly submit to you this report entitled Re-charting the Course: The First Report from the Presidential Task Force on Employment of Adults with Disabilities, as mandated by Executive Order 13078. This report is the first product of a tremendous amount of hard work that is underway by dedicated members of the multi-agency Task Force and an extremely talented staff led by Rebecca Ogle, Executive Director. The work documented in this report is a direct result of the spirit of cooperation and collaboration, which is precisely what the Executive Order mandates. When you signed Executive Order 13078 into law on March 13, 1998, you charged the Task Force with an enormous responsibility with critical consequences. As you have often stated concerning adults with disabilities, "Our nation cannot afford to waste this vast and only partially tapped source of knowledge, skills, and talent." We concur and recognize that the barriers to employment for adults with disabilities have resisted elimination for decades. Task Force Work Groups early findings consistently depict that the only viable way to eliminate the barriers to employment for adults with disabilities is through a bold, deliberate and thorough strategy. Change has to begin in the federal arena first. As the CEO of the world's largest employer, you can challenge our inherently paternalistic policies for individuals with disabilities that have undoubtedly created enormous barriers to employment. It is through your actions that a new course will be re-charted not only in the federal government but throughout the nation. Individuals with disabilities recognize and demand the right to economic independence and will no longer tolerate the pervasive systemic, political barriers that prevent their achieving this goal. This report provides a beginning point to create and execute sweeping changes from paternalism to employability, from attitude of inability to ability and from exclusion to meaningful inclusion. Your actions will tap that vast source of knowledge, skill and talent in adults with disabilities. For the Task Force Members and staff, we wish to applaud you for your sincere commitment to move an agenda for the 21st that will include a labor force for all Americans with and without disabilities. We thank you for your ongoing and substantial support in this endeavor. Sincerely yours, Alexis M. Herman Secretary of Labor and Chair, Presidential Task Force on Employment of Adults with Disabilities Tony Coelho Vice-Chair, Presidential Task Force on Employment of Adults with Disabilities ---------- Dedication Dedicated to all working-age Americans with disabilities, whose relentless pursuit of equality, justice, and the basic right to work, has inspired this first report. ---------- Acknowledgments The Presidential Task Force members and staff acknowledge the invaluable assistance of the participants of Section 2 work groups. Individual representatives of these groups are listed in Appendix A with their respective work group summaries. We appreciate their input and look forward to fully reviewing the summaries and options that have been provided. In addition, the following individuals have provided support, encouragement, and technical assistance in ways too numerous to mention: Seth Harris, Senior Advisor to Alexis Herman, Secretary of Labor; Gary Reed, Office of Program Economics within the Office of the Assistant Secretary of Policy at Department of Labor; and Michael Grant, Executive Secretary, Senior Advisor to Alexis Herman, Secretary of Labor. We also want to thank Thomas Hale, Economist at the Bureau of Labor Statistics at the Department of Labor, for his invaluable expertise and guidance. We want to thank Richard McGahey, Assistant Secretary of Policy at the Department of Labor, for graciously sharing valuable office space with the Task Force staff. We are most grateful to the Immediate Office of the Secretary; the Office of the Deputy Secretary and the Office of the Assistant Secretary of Policy at the Department of Labor. Your patience and guidance have proven invaluable over the course of the last eight months. We must extend a recognition of special thanks to the following individuals within the Office of the Assistant Secretary of Policy at the Department of Labor for their constant willingness and kindness in their daily interactions with our burgeoning Task Force needs: Barbara Bingham, Ximenia Brown, Roxanna Bullock, Elena Carr, Daniel Claflin, Karlyn Davis, David Demers, David Dickerson, Mario DiStasio, Roland Droitsch, Michelle Edwards, Kathleen Franks, Terry Fryer, Ronald Harris, Pamela Hayes, Paul Hylind, Jim Jones, Jean King, Paul Richman, Ruth Samardick, Emily Sheketoff, Fred Siskind, Charlotte Toney, and Erikka Washington. We are indebted for the time, energy, and support from the Office of the Vice President, National Economic Council, the Domestic Policy Council and the Office of Management and Budget in the Executive Office of the President. Your support and guidance is critical to the success of the overall mission of the Task Force. Finally, there have been others, too numerous to mention, that have contributed to the overall mission, vision, and daily work of the Task Force. It would be impossible to list each and every individual and group. To all--we thank you, and to that special friend and advisor, we are forever indebted for your help. ---------- Executive Order 13078 By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to increase the employment of adults with disabilities to a rate that is as close as possible to the employment rate of the general adult population and to support the goals articulated in the findings and purpose section of the Americans with Disabilities Act of 1990, it is hereby ordered as follows Section 1. Establishment of National Task Force on Employment of Adults with Disabilities. (a) There is established the "National Task Force on Employment of Adults with Disabilities" ("Task Force") The Task Force shall comprise the Secretary of Labor, Secretary of Education, Secretary of Veterans Affairs, Secretary of Health and Human Services, Commissioner of Social Security, Secretary of the Treasury, Secretary of Commerce, Secretary of Transportation, Director of the Office of Personnel Management, Administrator of the Small Business Administration, the Chair of the Equal Employment Opportunity Commission, the Chairperson of the National Council on Disability, the Chair of the President's Committee on Employment of People with Disabilities, and such other senior executive branch officials as may be determined by the Chair of the Task Force. (b) The Secretary of Labor shall be the Chair of the Task Force; the Chair of the President's Committee on Employment of People with Disabilities shall be the Vice Chair of the Task Force. (c) The purpose of the Task Force is to create a coordinated and aggressive national policy to bring adults with disabilities into gainful employment at a rate that is as close as possible to that of the general adult population. The Task Force shall develop and recommend to the President, through the Chair of the Task Force, a coordinated Federal policy to reduce employment barriers for persons with disabilities. Policy recommendations may cover such areas as discrimination, reasonable accommodations, inadequate access to health care, lack of consumer-driven, long-term supports and services, transportation, accessible and integrated housing, telecommunications, assistive technology, community services, child care, education, vocational rehabilitation, training services, job retention, on-the-job supports, and economic incentives to work. Specifically, the Task Force shall (1) analyze the existing programs and policies of Task Force member agencies to determine what changes, modifications, and innovations may be necessary to remove barriers to work faced by people with disabilities; (2) develop and recommend options to address health insurance coverage as a barrier to employment for people with disabilities; (3) subject to the availability of appropriations, analyze State and private disability systems (e.g., workers' compensation, unemployment insurance, private insurance, and State mental health and mental retardation systems) and their effect on Federal programs and employment of adults with disabilities; (4) consider statistical and data analysis, cost data, research, and policy studies on public subsidies, employment, employment discrimination, and rates of return-to-work for individuals with disabilities; (5) evaluate and, where appropriate, coordinate and collaborate on, research and demonstration priorities of Task Force member agencies related to employment of adults with disabilities; (6) evaluate whether Federal studies related to employment and training can, and should, include a statistically significant sample of adults with disabilities; (7) subject to the availability of appropriations, analyze youth programs related to employment (e.g., Employment and Training Administration programs, special education, vocational rehabilitation, school-to-work transition, vocational education, and Social Security Administration work incentives and other programs, as may be determined by the Chair and Vice Chair of the Task Force) and the outcomes of those programs for young people with disabilities; (8) evaluate whether a single governmental entity or program should be established to provide computer and electronic accommodations for Federal employees with disabilities; (9) consult with the President's Committee on Mental Retardation on policies to increase the employment of people with mental retardation and cognitive disabilities; and (10) recommend to the President any additional steps that can be taken to advance the employment of adults with disabilities, including legislative proposals, regulatory changes, and program and budget initiatives. (d) (1) The members of the Task Force shall make the activities and initiatives set forth in this order a high priority within their respective agencies within the levels provided in the President's budget. (2) The Task Force shall issue its first report to the President by November 15, 1998. The Task Force shall issue a report to the President on November 15, 1999, November 15, 2000, and a final report on July 26, 2002, the 10th anniversary of the initial implementation of the employment provisions of the Americans with Disabilities Act of 1990. The reports shall describe the actions taken by, and progress of, each member of the Task Force in carrying out this order. The Task Force shall terminate 30 days after submitting its final report. (e) As used herein, an adult with a disability is a person with a physical or mental impairment that substantially limits at least one major life activity. Sec. 2. Specific activities by Task Force members and other agencies. (a) To ensure that the Federal Government is a model employer of adults with disabilities, by November 15, 1998, the Office of Personnel Management, the Department of Labor, and the Equal Employment Opportunity Commission shall submit to the Task Force a review of Federal Government personnel laws, regulations, and policies and, as appropriate, shall recommend or implement changes necessary to improve Federal employment policy for adults with disabilities. This review shall include personnel practices and actions such as hiring, promotion, benefits, retirement, workers' compensation, retention, accessible facilities, job accommodations, layoffs, and reductions in force. (b) The Departments of Justice, Labor, Education, and Health and Human Services shall report to the Task Force by November 15, 1998, on their work with the States and others to ensure that the Personal Responsibility and Work Opportunity Reconciliation Act is carried out in accordance with section 504 of the Rehabilitation Act of 1973, as amended, and the Americans with Disabilities Act of 1990, so that individuals with disabilities and their families can realize the full promise of welfare reform by having an equal opportunity for employment. (c) The Departments of Education, Labor, Commerce, and Health and Human Services, the Small Business Administration, and the President's Committee on Employment of People with Disabilities shall work together and report to the Task Force by November 15, 1998, on their work to develop small business and entrepreneurial opportunities for adults with disabilities and strategies for assisting low-income adults, including those with disabilities to create small businesses and micro-enterprises. These same agencies, in consultation with the Committee for Purchase from People Who Are Blind or Severely Disabled, shall assess the impact of the Randolph-Sheppard Act vending program and the Javits-Wagner-O'Day Act on employment and small business opportunities for people with disabilities. (d) The Departments of Transportation and Housing and Urban Development shall report to the Task Force by November 15, 1998, on their examination of their programs to see if they can be used to create new work incentives and to remove barriers to work for adults with disabilities. (e) The Departments of Justice, Education, and Labor, the Equal Employment Opportunity Commission, and the Social Security Administration shall work together and report to the Task Force by November 15, 1998, on their work to propose remedies to the prevention of people with disabilities from successfully exercising their employment rights under the Americans with Disabilities Act of 1990 because of the receipt of monetary benefits based on their disability and lack of gainful employment. (f) The Bureau of Labor Statistics of the Department of Labor and the Census Bureau of the Department of Commerce, in cooperation with the Departments of Education and Health and Human Services, the National Council on Disability, and the President's Committee on Employment of People with Disabilities shall design and implement a statistically reliable and accurate method to measure the employment rate of adults with disabilities as soon as possible, but no later than the date of termination of the Task Force. Data derived from this methodology shall be published on as frequent a basis as possible. (g) All executive agencies that are not members of the Task Force shall (1) coordinate and cooperate with the Task Force; and (2) review their programs and policies to ensure that they are being conducted and delivered in a manner that facilitates and promotes the employment of adults with disabilities. Each agency shall file a report with the Task Force on the results of its review on November 15, 1998. Sec. 3. Cooperation. All efforts taken by executive departments and agencies under sections 1 and 2 of this order shall, as appropriate, further partnerships and cooperation with public and private sector employers, organizations that represent people with disabilities, organized labor, veteran service organizations, and State and local governments whenever such partnerships and cooperation are possible and would promote the employment and gainful economic activities of individuals with disabilities. Sec. 4. Judicial Review. This order does not create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any person. WILLIAM J. CLINTON THE WHITE HOUSE March 13, 1998 ---------- Members of the Presidential Task Force on Employment of Adults with Disabilities Alexis Herman--Chair Secretary of Labor Tony Coelho--Vice Chair Chairman of the President's Committee on Employment of People with Disabilities Aida Alvarez Administrator of the Small Business Administration Ken Apfel Commissioner of the Social Security Administration Marca Bristo Chair of the National Council on Disability Ida L. Castro Chair of the Equal Employment Opportunity Commission William Daly Secretary of Commerce Janice R. Lachance Director of the Office of Personnel Management Richard Riley Secretary of Education Robert Rubin Secretary of the Treasury Donna Shalala Secretary of Health and Human Services Rodney Slater Secretary of Transportation Togo D. West, Jr. Secretary of Veterans Affairs ---------- Foreword Re-charting the Course: First Report of the Presidential Task Force on Employment of Adults with Disabilities embraces and acknowledges the President's and Vice President's long history of supporting the rights of individuals with disabilities. The principles of independence, empowerment, and inclusion have guided the Clinton Administration's efforts to shape national policy for Americans with disabilities. The President and Vice President have laid a powerful foundation with their past and current achievements, exemplified in their firm commitment to ensuring that every American has access to quality health care, promoting passage of the Patient's Bill of Rights, supporting the Work Incentives Improvement Act, protecting Medicare and Medicaid, sustaining Social Security benefits for people with disabilities, opposing amendments that would have weakened the Individuals with Disabilities Education Act, and completing the final passage of the Workforce Investment Act of 1998. In April 1996, the National Council on Disability convened a meeting in Dallas of disability advocates from around the country to discuss a host of issues related to individuals with disabilities. An important outcome of that grassroots meeting was recognition of the urgent need to address the staggering rate of nonemployment of adults with severe disabilities. Next, in July 1996, the Presidential appointees with disabilities, many of whom attended the Dallas meeting, met and decided to promote development of a program with budgetary support targeted specifically to employment of people with disabilities. During the ensuing months, these same appointees and other officials within the executive and legislative branches of government developed the language of the Executive Order. President William J. Clinton, surrounded by Cabinet officials and disability rights leaders, signed Executive Order 13078 on March 13, 1998, and, thus, created the Presidential Task Force on Employment of Adults with Disabilities. During the signing ceremony President Clinton declared, "Since 1993, we have created 15 million new jobs. But the unemployment rate among people with disabilities is far too high and that is why I'm so pleased to sign an executive order that will design a strategy to make equality of opportunity, full participation, inclusion and economic self-sufficiency realities for all 30 million working-age Americans with disabilities." The Executive Order established a multi-agency Task Force with Secretary of Labor as Chair and the Honorable Tony Coelho, Chair of the President's Committee on Employment of People with Disabilities, serving as Vice-Chair. The Task Force along with its mandate is unique. This uniqueness is evident in the scope and breadth of high-ranking Administration officials serving as members. The Task Force has an overarching goal to create a coordinated and aggressive national policy to bring adults with disabilities into gainful employment at a rate that is as close as possible to that of the general population. This strategy will be operational by July 26, 2002, the tenth anniversary of the initial implementation of the employment provisions of the Americans with Disabilities Act. The Presidential Task Force on Employment of Adults with Disabilities held its inaugural meeting on April 22, 1998. This first meeting helped set the Task Force agenda. Task Force members heard compelling testimony from panels of Administration experts on three of the most pressing issues relating to employment of adults with disabilities: income security/health care programs, education, and workforce training. At the inaugural meeting, Tony Coelho, Chairman of the President's Committee on Employment of Adults with Disabilities and Vice-Chair of the Task Force outlined the challenges in achieving the goals of the Executive Order. Challenge number one is health care. Too many adults with disabilities remain on public assistance because it is their only way to access health care. Challenge number two is economic incentives. It is necessary that adults with disabilities who go to work improve their overall economic situation. Challenge number three is ensuring support for those adults who want to work. Supported work, natural supports, personal assistance services, and other accommodations must become the norm for those who need them. Finally, challenge number four is increasing access to education, training, and rehabilitation services. Unless changes are made in the education and training of youth with disabilities, adults with disabilities will fall further and further behind. To meet these challenges, Alexis M. Herman, Secretary of Labor and Chair of the Task Force, identified four keys to re-charting the course to increase employment among adults with disabilities. First, it takes a recognition that this is a win-win situation. The economy today is the strongest in a generation. Jobs are up, unemployment is down, and inflation is in check. But people with disabilities are getting left behind, and when adults with disabilities lose out on opportunities, all Americans do. Second, it takes commitment. Decision-makers quite simply have to make a decision that this is a priority. Third, it takes creativity. It will require looking inside respective federal agencies and truly thinking outside of the box. And fourth, and perhaps the most important, it takes a focus on the individual. Key components of the Task Force's directive include analyzing existing programs and policies to determine what changes, modifications, and innovations may be necessary to remove barriers to work; developing and recommending options to address the barriers of health insurance coverage; analyzing youth programs related to employment and the outcomes of those programs for young people with disabilities; and evaluating whether federal studies related to employment and training can and should include a statistically significant sample of adults with disabilities. In June 1998, Rebecca Ogle, a grassroots leader, was named Executive Director. In the spirit of cooperation and collaboration as reflected in the Executive Order, federal agencies detailed individuals experienced in disability employment policy to staff the Task Force. These individuals helped to establish work groups to fulfill the requirements of the Section 2 mandates. The work groups were mandated in the Executive Order to provide the Task Force with summarized reports by November 15, 1998.* Summaries are included in the Appendix A of this report. The Task Force will be reviewing and using the reports as the basis for future recommendations as appropriate. Re-charting the Course is intended to inform the President and the public about progress made by the Task Force to date in response to the Executive Order. Readers should regard this as an "interim report." Task Force members and staff are eager for interested parties to use this document as an invitation to engage in dialogue with the Task Force about issues important to adults with disabilities and the nation. __________________ *Scheduled for spring 1999 is an addendum report which will address Section 2 (d), the Department of Housing and Urban Development's examination of HUD programs. The addendum report will also address Section 2 (g) that requires all executive agencies that are not members of the Task Force to: (1) coordinate and cooperate with the Task Force and (2) review their programs and policies to ensure that they are being conducted and delivered in a manner that facilitates and promotes employment of adults with disabilities. ---------- Executive Summary Compass Points--Putting the Presidential Task Force on Employment of Adults with Disabilities in Context The Presidential Task Force on Employment of Adults with Disabilities begins with the recognition that adults with severe disabilities are one of the largest minorities in the nation without jobs--this is a staggering nonemployment rate hovering around 70 percent. This fact is completely unacceptable. It must change. The Presidential Task Force on Employment of Adults with Disabilities begins with a belief that barriers to employment have long been recognized, researched, and discussed. There has been enough talk. It is time for action. The Presidential Task Force on Employment of Adults with Disabilities begins by recognizing that values are the driving force behind public policy and the systems and programs that evolve from such policy. The overarching value upon which our nation was founded is that of freedom. According to the American Heritage College Dictionary (Third Edition), freedom is defined to include the following: Freedom: The condition of being free of restraints; Liberty of the person from slavery, detention or oppression; Political independence; Possession of civil rights; Immunity from the arbitrary exercise of authority; The capacity to exercise choice, free will; The right to unrestricted use, full access; The right of enjoying all of the privileges of membership or citizenship. The right to enjoying the privileges of membership or citizenship touches all parts of the American Dream and the equality of opportunity envisioned by our founders. The importance of these dreams continues for today's multicultural society: having a home, family and friends; going to school; being a part of the community; and, critically, having a job. This latter point is of such economic consequence that it can be the deciding factor whether, or to what extent, opportunity for participation in the American Dream is even a possibility. This fact remains obvious: the best form of economic security, the best pathway to full participation in all the privileges of living in America is through employment. Adults with severe disabilities are one of the largest minorities in the nation without jobs--this is a staggering nonemployment rate hovering around 70 percent. Unless adults with disabilities have opportunity to participate in the economic prosperity of our nation, unless doors to employment and careers are opened, unless attitudes and beliefs which have kept them segregated and isolated from opportunities afforded other people are challenged and changed--then adults with disabilities will remain second-class citizens. This must change. In 1919, a ruling of the Supreme Court of Wisconsin considered the case of a child with cerebral palsy who was excluded from school because his condition had a depressing and nauseating effect on the teachers and other children (State ex rel Beattie v. State Board of Education of City of Antigo, 1919). In 1998, a transitioning youth with substantial disabilities resulting from cerebral palsy, cognitive disabilities, and blindness is a valued member of the workforce in a human resource department in Fort Worth, Texas. She works in an inclusive job organized specifically by her employer to meet not just her interests and abilities, but planned specifically to meet important needs of her employer for his business. The difference in expectations and opportunity for today's youth is the result of a changing value system (Funk, 1987). These changes ultimately forced a move from the attic, to the warehouse, to the workshop, and, finally, for increasing numbers of adults with disabilities, to the inclusive community where participation in integrated employment is real. By their presence alone, these individuals are crashing through the glass ceiling of lowered expectations of others created through decades of segregation and exclusion. Adults with disabilities are paving the road for others to follow. In 1990, the Americans with Disabilities Act (ADA) was enacted to end broad-based and long-standing discrimination against people with disabilities in many aspects of life, including employment, public services, public accommodations and commercial facilities, telecommunications, and transportation. This landmark law resulted from the profound and continuing shift in perceptions about the rights, responsibilities, and abilities of individuals with disabilities over the last quarter of the 20th century. Many factors contributed and helped to shape this transformation. Three key events of the 1970's were critical: (1) the right-to-education court decisions based on the Constitutional principles of equal protection and due process--decisions which ultimately resulted in the mandate for a free, appropriate public education for students with disabilities; (2) passage of the 1973 Rehabilitation Act which included Section 504, prohibiting discrimination in programs that receive federal funds; and (3) growth of the disability rights movement (Schriner and Batavia, 1995). Shapiro (1993) referred to the disability movement as a "hidden army" of organizations and individuals committed to establishing the legal rights of people with disabilities. People in the disability movement continue to lead the way both in challenging age-old myths and stereotypes as well as asserting that they must view themselves, and, thus, be viewed by others, as a minority group whose difficulties are caused more by societal prejudice and discrimination than by disability (Schriner and Batavia, 1995). The message from this grassroots movement is now screaming: come with us and experience the discrimination, the frustration, the doors to employment that never open. Live with us in the poverty of the human service system whose policies too often derail rather than support our efforts for self-determination, full participation, inclusion, recognition of our competence and our contribution. Real jobs with real pay--this is what adults with disabilities want. The need to pay taxes because of earned wages--this is what adults with disabilities want. Having jobs that are driven by the personal choice and interests of the individual--this is what adults with disabilities want. Being viewed as a person with a characteristic which happens to be a disability, like eye or hair color--this is what people with disabilities want. The opportunity of enjoying all of the benefits of membership or citizenship--this is what people with disabilities want. Adults with severe disabilities are one of the largest minorities in the nation without jobs--this is a staggering nonemployment rate hovering around 70 percent. This fact is completely unacceptable. It must change. The ADA includes Congressional findings that children and adults with disabilities historically have been treated differently and subjected to discrimination. Significantly, this landmark civil rights law states that it is the purpose of the Act to utilize the sweep of congressional authority . . . to end such discrimination (P.L. 101-336 (Section (2)(b)(4)). This statement implies that the ADA should be used as a lens through which the statutory, regulatory, and judicial directives governing our nation should be viewed, evaluated and modified. However, while the ADA was designed to help eliminate barriers to participation and promote inclusion, its passage and effective implementation have not and cannot achieve these vital goals alone. Executive Order 13078: The Presidential Task Force on Employment of Adults with Disabilities On March 13, 1998, President Clinton signed Executive Order 13078, establishing the Presidential Task Force on Employment of Adults with Disabilities. This Task Force has the broad mandate to examine programs and policies related to employment of adults with disabilities, to "determine what changes, modifications and innovations may be necessary to remove barriers to work faced by adults with disabilities" and to recommend options for such changes. The breadth of this mandate is comparable to examining and proposing actions to impact the sweep of national employment policy. Areas for Task Force activity touch the jurisdiction of virtually all governing agencies. The ultimate mission of the Task Force is to create a coordinated and aggressive national policy to bring adults with disabilities into gainful employment at a rate that is as close as possible to that of the general adult population. The vision is a nation where individuals with disabilities are empowered with choice, where employers are helped to facilitate employment by eliminating barriers to workforce entry, and where creativity and innovation are the basis for organizing jobs to meet both the needs of employers and employees. The vision is one where the dignity, personal preferences, and individual strengths of adults with disabilities are acknowledged and valued. The mission of the Task Force concerns changes in the systemic, structural, and attitudinal barriers that continue to exclude adults with disabilities from employment. Task Force Begins Re-charting the Course Consistent with requirements of the Executive Order, the Task Force has been given a broad mandate. To begin this task, a series of six work groups were convened to develop preliminary recommendations for creating a working agenda and specific action steps to attack the barriers to employment of adults with disabilities. The work groups are composed of many people from federal government agencies--many of whom are people with disabilities--who devoted their time with extraordinary commitment and vigor to the challenge at hand. Work group summaries and a listing of participants are included in Appendix A. The collective recognition by these individuals of the importance of their challenge is impressive and is both commended and appreciated. The multiple barriers to employment and economic empowerment of adults with disabilities have been documented in numerous reports and policy documents and are generally accepted as fact (National Council on Disability, 1996). These barriers include lack of access to health insurance, frequently cited as the key obstacle to employment, particularly in light of the increase in part-time work which is rarely accompanied by health coverage. Additional barriers include the complexity of existing work incentives; lack of choice and control in selection of providers to assist people with disabilities in securing and maintaining employment; inadequate work opportunities resulting both from an increasingly competitive employment market and continued negative, stereotypic, and erroneous attitudes about adults with disabilities as productive members of the workforce. The Task Force recognizes that many of these multiple barriers to employment are embedded in the public policies of our nation. Too many programs continue an antiquated, paternalistic attitude about disability in their approach to providing services and supports, rather than empowering people with disabilities with control and choice in recognition of their competencies and contributions to the workforce. As a result, the reality in our nation today is that Americans with disabilities do not have opportunities to pursue the array of life opportunities and options that are afforded most people without disabilities. The majority of working-age individuals with disabilities have not shared in the economic prosperity that most Americans have enjoyed over the last decade of the 20th century. They remain at the bottom of our nation's socioeconomic ladder. Many youth with disabilities grow to adulthood not with the expectation of a career, but of moving from school to a lifetime of dependency on public benefits. Young people with disabilities and their peers are getting the wrong message: one of inability, rather than expectation of contribution. Their classmates without disabilities are learning the wrong assumptions about the talent of youth with disabilities. Unless perceptions change at this early age, young people with and without disabilities will not be working side-by-side in the workplace of the future. The result will be perpetuation of the historical, stereotypic attitudes of the past. This is unacceptable. The programs, policies, and attitudes which directly or indirectly promote the current reality must change so that people with disabilities are drivers of their own destiny. They must change so that people have an opportunity to experience the personal satisfaction of contributing to a work environment, of earning a wage, and of developing collegial work relationships. They must change so that employers have access to the untapped resources of adults with disabilities. In addition, as the programs and policies of the past are examined, the principles for future legislative initiatives must be established. Future policy must not be based on erroneous assumptions that create new, additional barriers while attempting to remove existing ones. This is particularly important for people with disabilities who remain less understood, and, thus, more at risk of continued discrimination. President Clinton, the Task Force calls on you to utilize the power of your position to undertake multiple strategies to accomplish these changes. The members of the Task Force will assist in providing policy direction and other recommended action steps to ensure that the leadership of our country reflects the values of equal opportunity upon which the nation was founded. OPPORTUNITY FOR IMPACT IS NOW As we move into the 21st century, America is faced with new challenges. New opportunities for employment are opening as scientific and technological advances give rise to new industries and occupations unheard of only a few decades ago. At the same time, many traditional job opportunities are disappearing as industrial operations become increasingly automated and the nation's economy as a whole becomes increasingly globalized. The Clinton Administration has demonstrated a commitment to systematically attacking barriers that prohibit Americans with disabilities from participating not only in today's workforce, but in the workforce of the future. Establishment of the Presidential Task Force on Employment of Adults with Disabilities coincides with implementation of major changes in public policy related to welfare-to-work. Formation of the Task Force also coincides with the expressed interest of Congress and state legislative bodies to address unemployment in our nation, the requests from businesses and employers for exemplary workers, and the changing nature of the workplace generally. It also corresponds with the demand from the disability community across the nation for removal of barriers so that they can experience the multiple benefits and satisfaction of work. The Task Force recognizes that the nexus of these multiple forces creates the opportunity to have positive influence on employment for adults with disabilities. In fact, if these factors are not considered and addressed, if critical dialogue across what is too often a fragmented series of separate, disparate programs does not occur, if changes are not adopted that foster inclusion, then people with disabilities are at risk of continued and even increased segregation, discrimination, and dependence. Through the broad mandate given the Task Force, through the significant effort and extraordinary commitment of many people from federal government agencies, a strategy is emerging. This strategy will point the way to eliminating barriers that deter people with disabilities from being full participants in and contributors to a rich and rewarding life in our nation. It will result in a strategic plan for systematic removal of those barriers. This plan will assist the federal government in spending its funds more wisely, so that millions of disenfranchised people with disabilities can become workers, earn paychecks, pay their taxes, contribute to their communities and have the self-esteem that comes with a job. President Clinton, the Task Force on Employment of Adults with Disabilities calls on you, the Vice President, and all Administration leaders to address the following critical and acknowledged issues that impede the employment of adults with disabilities: Extensive and Persistent Attitudinal Barriers. Attitudinal barriers are extensive, persistent, and pervasive. Stigma is a primary reason for the staggering nonemployment of adults with severe disabilities. Many existing federal laws and policies, and the systems which stem from those policies, were developed when the view of people with disabilities was one of eternal dependence and accompanied by the need for segregation, charity, and care. The segregation resulting from these programs has contributed to deeply ingrained attitudes and prejudices that are pervasive throughout society, including negative attitudinal barriers about the ability of adults with disabilities to contribute in the workforce. The need for immediate leadership to attack the continued existence of these pervasive, negative attitudes and prejudices is great. President Clinton, the Task Force calls on you, the Vice-President, and leaders within the Administration to launch a massive public awareness campaign, in partnership with the disability community, businesses, and other influential entities. This campaign should address the need for attitudinal changes in order to eliminate erroneous and prejudicial thinking about disability that limits opportunities--stigma that permeates all parts of American society. Presidential leadership should begin immediately by using the power of key Administration leaders who are visible to deliver the message for this needed change. Specifically, President Clinton, the Task Force calls on you to include disability issues in public speeches, especially the State of the Union Address. Ensure the presence of people with disabilities at key meetings and visits, and use the power of your position to show a positive image of people with disabilities. Federal Government Leadership Is Critical and Necessary. As the nation's largest employer, the federal government should be leading by example; instead, it is not. It should lead the way by re-charting a public policy course that provides clear direction for both the public and private sectors. Increased representation of people with disabilities in the federal workforce is critical. Aggressive efforts must be mounted to bring people with disabilities into government roles that offer them salaries, benefits, and the rewards of doing productive work, with exemplary programs for accommodating them in a wide range of public positions and job roles. Innovative and creative solutions to providing accommodations for people with disabilities--based on their personal choices, their interests, their strengths, and their desires--should demonstrate to employers across the nation the contributions that all people can make to the workplace. The federal government must also work with state and local governments, as well as large and small businesses alike, to get this vital job done. Such efforts will heighten public awareness of the roles that adults with disabilities can play in society when opportunity is provided and appropriate accommodations are made. Adults with disabilities must be seen not only in day-to-day job roles in the numerous agencies and bureaus of federal government, but also in highly visible roles that garner media attention. Most importantly, people with disabilities can and should be participants at the tables where public policy decisions are made--guiding development of policies and programs designed to ensure full and adequate protection of the rights for all Americans and the inclusion of all Americans at every point in the process. President Clinton, as Chief Executive Officer of our nation's largest employer, the Task Force calls on you, the Vice-President, and leaders within the Administration to use the power of your respective positions to ensure increased representation of people with disabilities in the federal workforce, to ensure the presence of people with disabilities at key meetings and visits, and to otherwise use the power and visibility of your positions to show the nation and the world that people with disabilities are valued contributors in all levels of our government and in every part of American society. Public/Private Partnerships Are Essential. Public/private partnerships will be essential in re-charting a successful course for the employment of people with disabilities. The response from the business community to the ADA has been excellent, and many public and private sector organizations have increased the number of adults with disabilities employed. However, while businesses have demonstrated their desire to hire such individuals, the barriers previously mentioned continue to pose significant roadblocks. While people with disabilities want to work, these barriers continue to block their path. There is a critical need for collaborative, creative, and innovative approaches to further partnerships between the public and private sector, to ensure that the supports necessary for people to work are available when needed, and that innovative ways of thinking about work become a routine part of how employers, businesses, and people with and without disabilities accomplish their jobs. President Clinton, the Task Force calls upon you to ensure that innovative initiatives are developed and implemented at the national level to lead the way for public/private partnerships and collaborative efforts at the local level in order to eliminate barriers to work. Ultimately, this type of collaborative thinking and partnership benefits us all. President Clinton, the Task Force also calls on you to convene an economic/employment summit to include representatives from the Administration, Fortune 500 companies, the National Federation of Small Businesses, the Chamber of Commerce, the disability community, and other related entities regarding employment of people with disabilities. This summit, if convened during the first half of Task Force activities, will provide critical input and guidance to the Task Force and will create additional public awareness. In addition, each and every governor should be challenged to replicate a statewide summit to mirror the national summit. Health Care Is Key. Access to health care is accepted as a primary barrier to keeping people with disabilities outside the world of work. It is a major focus of the Task Force. People with disabilities are too often unable to obtain health insurance that provides the comprehensive health care needed to live independently and to participate actively in the workforce. One of the primary avenues for people with severe disabilities to obtain health care coverage is through Medicaid and Medicare (Kaiser, 1998). Many people with disabilities and their families are forced to impoverish themselves to receive critical health care coverage under the Medicaid program. Additionally, many persons with severe disabilities must access Medicaid and Medicare through the companion cash benefit programs administered by the Social Security Administration (SSA). The eligibility criteria for Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI) make it impossible to return to work without risking the loss of health care that a person requires to be able to work. As adults with disabilities attempt to leave entitlement programs to work, current policies punish rather than support their efforts to work. In these instances, cash assistance, in-kind health care and other services are eliminated before wages can fully replace the value of those benefits. These policies are contrary to our nation's commitment to protect workers through the federal retirement, disability and unemployment insurance systems. For example, Congress designed SSDI benefits to provide wage protection for workers and their families when a person acquires a work-related disability leaving them unable to work. The SSA further defines substantial gainful activity (SGA) as a set amount of earned income, ($500 per month in 1990 regulations, as compared with $300 per month in 1980 regulations). Currently, SGA lags behind real growth in average income, leaving workers less and less protected and more and more vulnerable to poverty because of the onset of disability. As part of last year's Balanced Budget Act (BBA), a new state option was added to the Medicaid program to allow people with disabilities who return to work to purchase Medicaid coverage as their earnings increase. However, while this is an important option, comprehensive reform across multiple areas is needed. The importance of eliminating this barrier of access to health care cannot be emphasized enough. Until this occurs, people with disabilities will continue to be forced into dependency and poverty. President Clinton, the Task Force gratefully acknowledges your outstanding record on health care access for persons with disabilities through your relentless efforts in legislative areas such as maintaining the integrity of the Medicaid and Medicare programs; comprehensive health care reform; the Health Insurance Portability and Accountability Act of 1996; the Mental Health Parity Act of 1996; the Patients' Bill of Rights; the addition of the new state option added to the Medicaid program in the BBA; and, most recently, your support for passage of the Work Incentives Improvement Act proposed by Senators Jeffords and Kennedy during the 105th Congress. President Clinton, as Chief Executive Officer of the nation's largest employer and provider of health care, you should demonstrate a commitment to providing the highest quality of health care benefits to your employees, including real parity in mental health benefits, where a considerable gap in coverage persists. President Clinton, the Task Force requests that you explore fiscally responsible policies to address the inadequacy of the current SGA regulation administered by the Social Security Administration in determining disability eligibility for their programs. The Importance of Technology. The current national explosion of technology and telecommunications is creating new pathways for employment and is a force for crashing through the glass ceiling of lowered expectations of others. Technology levels the work environment by removing physical and communication barriers that historically forced isolation and segregation. Technology is creating opportunities for telecommuting and entrepreneurial initiatives that are transforming the way all Americans live, work, and play. The significance of these innovations in terms of the way businesses of the future conduct their work is undeniable. Indeed, the "high tech" industry is one of the largest industries in the United States today, and adults with disabilities should be filling many of these jobs. As the nation's largest employer, the federal government should be a model, both in terms of state-of-the-art technology for its workers and in terms of technological and worksite accommodations for employees with disabilities. The federal government is also the largest purchaser of equipment and technology. This procurement power must be leveraged to promote development of technology that is accessible to and useable by people with disabilities. Vigorous implementation and compliance with standards for the development, procurement, maintenance, and use of electronic and information technology, as required by Section 508 of the Rehabilitation Act, will drive the private sector in terms of making their products more accessible from the beginning. Likewise, regulations governing Section 255 of the Telecommunications Act of 1996 will ensure, if readily achievable, that technology and telecommunications industries from the start develop products and services that are accessible to and useable by people with disabilities. The Web Access Initiative, endorsed by the Administration last year, will set Web access standards and ensure that the superhighway of the future will be accessible to and useable by people with disabilities. President Clinton, the Task Force commends the leadership demonstrated by you and the Vice President in advancing accessible technology for adults with disabilities, such as the recent signing of the Assistive Technology Act of 1998 and the Workforce Investment Act of 1998. The Task Force requests that you implement and strongly enforce strict standards for Section 508 of the Rehabilitation Act. The Task Force further requests that you direct all federal agencies and departments to make their Internet sites accessible to and usable by individuals with disabilities by providing technical assistance and guidance as may be necessary to accomplish this task. Programs for Youth Are Critical. The youth of today are the future of tomorrow. Education is the key to the future for all children and youth--indeed, for our entire society. The importance of education as the means for equal entry into society was established in the landmark Brown v. Board of Education decision of 1954. While that decision related to public school desegregation on the basis of race, the concept it expressed--that separate is not equal--laid the framework for future decisions (e.g. PARC v. Commonwealth of Pennsylvania; Mills v. Board of Education of the District of Columbia) that challenged the exclusion, segregation, and unequal treatment of children and youth with disabilities within our system of public education. Fueled by the activism of parents, these decisions helped create the force which led to enactment of the Education for All Handicapped Children Act of 1975, later renamed the Individuals with Disabilities Education Act (IDEA), which mandates a free, appropriate public education for students with disabilities. Recent amendments to IDEA, signed into law on June 4, 1997, mandate a challenging curriculum and high expectations for every child, ensure increased involvement of and reporting to parents on their children's progress, and expand/improve training so that teachers can be prepared to teach the full range of diversity in inclusive classrooms. IDEA's reauthorization strengthens the role and involvement of parents and families. It mandates that special factors such as language and communication needs and need for assistive technology are considered in planning the individual education program for each child. The intent of these amendments is to ensure that special education is not a place but a system of supports. President Clinton, the Task Force recognizes and commends your fighting back proposed amendments during the reauthorization process that would have substantially weakened this important law and resulted in denial of education for many children with disabilities. Because of IDEA, more students with disabilities are graduating from high school, going to college, and preparing for careers. Students with and without disabilities are beginning to have opportunities to learn side-by-side in inclusive classrooms. They are getting to know each other as people. The result will be that future generations will understand that disability is merely a characteristic of a person. These future generations will not move forward in their lives with the myths and stereotypes about disability from the past. Employers of the future will not tolerate those erroneous attitudes and stereotypes in their businesses. However, for this to occur, much more needs to be done. The IDEA creates the legal mandate for a free, appropriate, public education. But, compared to students without disabilities, students with disabilities drop out of school much more frequently. They enroll in post-secondary education less frequently. The staggering nonemployment rate among adults with severe disabilities is testimony to changes that are needed, and these changes must begin with education. Youth with severe disabilities from diverse linguistic and cultural backgrounds are at an even greater risk of dropping out of school and not becoming employed. Current social programs and policies are not adequately addressing the needs of Native American, African-American, Latino, Asian American youth with disabilities and other diverse groups of young people with disabilities in our country. The Task Force will be paying particular attention to the added barriers that make full participation in school and the workforce problematic for youth with disabilities from the many diverse cultural and linguistic communities. Education is the key to the future, and as a society, we must send a loud, clear message of high expectation, of full participation, of personal responsibility. Youth with disabilities must learn they are expected to work and that support will be there for them as needed. Teachers must be held accountable for ensuring this message translates into high expectations in their classrooms. Students with disabilities must learn that their future is not bound to the current system of fragmented programs and multiple barriers that have created the isolation and dependency of the present. In order to be workers of the future, all students must be ready to make the transition from school prepared for and expecting to contribute to their communities. This includes the expectation of employment. President Clinton, the Task Force commends your continued leadership and commitment to a strong education agenda for all children and youth. The Task Force requests your continued leadership to ensure that the needs of students with disabilities are addressed within the generic education system and are a part of national initiatives related to education reform, literacy, and lifelong learning. President Clinton, you must deliver the message that youth with disabilities will transition from school with the expectation of work. The Task Force calls on you to ensure that the bridge between education and other systems of support--such as vocational rehabilitation, one-stop career systems, and post-secondary education--is seamless. The Task Force calls on you to implement, enforce, and appropriately fund provisions of the Individuals with Disabilities Education Act. Next Steps Each of the work groups fulfilled its specific task mandated in Section 2 of the Executive Order, and the summaries from each are included in Appendix A. The Task Force looks forward to full review of the work group reports. The work group findings should not be viewed as any formal statement of policy or adopted plan of action that has been approved or endorsed by the Task Force, any executive agency, or any other branch of the government at this time. Task Force members and staff anticipate that many aspects of the work group summaries will be incorporated into the formal committee structure for future examination. The Task Force is re-charting a new course for employment policy of adults with disabilities that will result in change--change in attitudes and perceptions, change in structural and policy barriers, change in visible leadership throughout the federal government--that will enable future generations to have a completely different understanding of disability. It is time for the actions of our nation to lend credibility to our professed support of equal opportunity--to ensure that the benefits of citizenship are, in fact, accessible to all people. It is time for us as a nation to practice what we preach. In doing this, it is essential that the individual and collective voices of people across the nation--people with disabilities, people without disabilities, families, employers, community members, and others--share their views, their experiences, and their recommendations. This ensures that the work of the Task Force is truly a reflection of the voice of America and of participatory democracy in action. ---------- Chapter One Initial Recommendations to the President from the Presidential Task Force on Employment of Adults with Disabilities The Task Force wishes to recognize the outstanding work already completed and underway by the Clinton Administration to improve the employment of adults with disabilities. On July 29, 1998, President Clinton signed an Executive Memorandum to reinforce the mission of the Executive Order through initiatives carried out by the Small Business Administration, the Department of Justice, the Equal Employment Opportunity Commission, and the Department of Health and Human Services. The Task Force also wishes to acknowledge the efforts of the Section 2 work groups. The Task Force has received the work group summaries and will be reviewing and using them as the basis for future activities as appropriate. We have included these reports in Appendix A. Again, the Task Force has yet to review the summaries or to endorse the recommendations. The Task Force respectfully submits the following recommendations to the President of the United States of America for immediate consideration: The Task Force recommends that: The President direct the Department of Health and Human Services, the Social Security Administration, and other appropriate Administration representatives to continue their work with Senators Jeffords and Kennedy and the leadership of the 106th Congress to pass affordable, feasible legislation promptly that helps people with disabilities maintain their health care coverage and return to work. Americans with disabilities often are unable to obtain health care insurance that provides coverage of the services and supports that enable them to live independently and to enter or to rejoin the workforce. The Work Incentives Improvement Act proposed by Senators Jeffords and Kennedy in the 105th Congress would increase Medicaid options and state resources for people with disabilities. It would also allow all Americans receiving Social Security Disability Insurance (SSDI) to retain Medicare coverage when they return to work. An additional component of this legislation, called the "ticket", would provide SSDI and SSI adult beneficiaries with a greater set of options regarding vocational rehabilitation and other employment services by enabling them to select a provider in the public or private sector. The Task Force recommends that: The President continue to work with Congress to pass the Patients' Bill of Rights. The Bill of Rights would require a choice of providers, including provider network adequacy provisions, access to specialists, information disclosure, transitional care provision; access to emergency room services, participation in treatment decisions, laws on anti-gag clauses, disclosure of financial incentives, protection of the confidentiality of health information, anti-discrimination provisions, and access to an appeal process. The Task Force recommends that: The President direct the Department of Treasury to examine tax options to assist adults with disabilities in paying for expenses related to work. Working-age adults with disabilities often have a disincentive to work because of the high cost of personal attendant services and other services or technologies required for employment. Similarly, the cost to employers of hiring an individual requiring personal attendant services can be prohibitive. Tax credits provide a flexible way to assist people with disabilities in defraying these expenses. The Task Force recommends that: The President propose a program to increase the employment rate of adults with disabilities by fostering interdisciplinary consortia and service integration by providers of services to adults with disabilities at the state and local level. Adults with disabilities often require services and resources from a variety of places, such as health care and transportation. If agencies and departments are not well coordinated, it can be difficult for these adults with disabilities to have adequate information to obtain and to retain employment. This program would help facilitate coordination and create partnerships among the many agencies serving adults with disabilities. The Task Force recommends that: The President should consider accelerating development and adoption of information and communication technologies that can be used by the 54 million Americans with disabilities. A first step would be to provide support to universities that develop curricula on universal design. These courses would be offered in traditional classrooms settings and use distance-learning technologies that would train hardware and software engineers to develop products that are accessible to and usable by persons with disabilities. The Task Force recommends that: The President direct the Small Business Administration to launch a new outreach campaign to educate Americans with disabilities who own or want to start their own businesses. The campaign would provide greater access to entrepreneurial development programs, financial assistance initiatives, and government contracting opportunities, including the Section 8(a) program, HUB Zones, and small disadvantaged business (SDB) program. Section 8(a) provides contracting opportunities for disadvantaged businesses. An outreach campaign would improve communication of information to the disability community about their eligibility for this program and other related opportunities for adults with disabilities who own or want to start their own businesses through SBA The Task Force recommends that: The President direct Office of Personnel Management and other appropriate agencies to explore measures aimed at eliminating the stricter standards currently applied to adults with psychiatric disabilities and to extend to these individuals opportunities currently available to individuals with mental retardation and severe physical disabilities. There are three excepted appointment authorities explicitly applicable to individuals with disabilities. Excepted appointing authorities exempt individuals from the competitive appointment process. Schedule B excepted appointments for individuals with psychiatric disabilities are more stringent than Schedule A excepted appointments. The Task Force recommends that: The President direct agencies and departments to implement a model plan to be developed by the Office of Personnel Management to increase the representation of adults with disabilities in the federal workforce. While the federal government has made significant hiring gains, the percentage of adults with severe disabilities in the federal workforce still lags far behind their availability. The Task Force urges the President to direct the Office of Personnel Management to develop a model plan to increase representation of adults with disabilities in the federal workforce that: 1) helps departments and agencies provide opportunities for students with disabilities to participate in internship and student employment programs; 2) encourages all departments and agencies to give full consideration to employees with disabilities for inclusion in developmental opportunities designed to enhance their leadership skills and to advance their careers; 3) urges all departments and managers to recruit widely for positions at all levels of the federal workforce, including at the GS-13 to 15 and senior executive service levels, and 4) collects and maintains data to monitor the success in achieving a higher percentage of adults with disabilities in the federal workforce. ---------- Chapter Two Task Force Agenda Presidential Task Force on Employment of Adults with Disabilities Committee Structure and Directives The following information outlines the structural organization and future agenda of the Presidential Task Force according to committee assignments. The committee membership will consist of high-ranking Administration officials to be determined by the Task Force. Please note that the recommendations of the work groups addressing the Section 2 mandates (reports of which can be found in Appendix A) will be incorporated in the workplan of the appropriate Task Force committee listed below. Committee on Access to Employment and Lifelong Learning The Committee shall: Analyze the existing programs and policies of Task Force member agencies to determine what changes, modifications, and innovations may be necessary to remove barriers to work faced by people with disabilities. Examine and make recommendations relating to lifelong learning programs not created specifically to serve the needs of adults with disabilities, and their openness and accessibility to adults with disabilities and the outcomes they effect for adults with disabilities participation in the workforce. Further, examine whether these programs have an appropriate customer focus for adults with disabilities. Analyze and make recommendations relating to youth programs designed to place individuals in private sector employment, and the outcomes of those programs for young people with disabilities in completing school, developing job specific skills, achieving gainful employment, and avoiding incarceration. Examine and make recommendations relating to lifelong learning programs created specifically to serve the needs of youth and/or adults with disabilities and the effect on the ability and willingness of people with disabilities to participate in the workforce. Examine and make recommendations relating to the integration and coordination of lifelong learning programs that serve adults with disabilities into the broader education and workforce development systems. Evaluate and, where appropriate, coordinate and collaborate on, research and demonstration priorities of Task Force member agencies related to employment of adults with disabilities. Program areas for focus of these committee activities may include, but are not limited to One-Stops, Welfare-to-Work, School-to-Work and youth programs related to employment, Vocational Rehabilitation, State Mental Health and Mental Retardation Systems, Ticket to Independence, and PASS. Examine and make recommendations relating to statistically valid measures of the employment of adults with disabilities throughout the economy. Examine and make recommendations relating to the availability, cost, and use of assistive technology in the employment of adults with disabilities. Examine and make recommendations relating to the accessibility of technologies and the national and international infrastructure to working adults with disabilities. Review and take appropriate action on the reports and recommendations arising out of the Task Force's work to fulfill the mandate contained in Section 2(b) and 2(f) of the Executive Order. Track and report on implementation of recommendations approved by the Task Force. Subcommittee on Expanding Employment Opportunities for Young People with Disabilities (of the Committee on Access to Employment and Lifelong Learning) The Subcommittee shall: Analyze the existing data related to the number of youth with disabilities under age 30 and determine accuracy. Examine data and determine demographics based on: age, race, sex, employment status, higher education, poverty and other related areas. Analyze data related to how many young people with disabilities are recipients of the following: Federal entitlement (SSI/SSDI); Vocational Rehabilitation; School to Work; State Education Agencies and IDEA; Medicaid (Medicare); Welfare to Work State programs; Vocational Education and Community Colleges; Higher Education and Employment Outcomes; Juvenile Justice System and Criminal Justice System Examine and make recommendations on economic status of young people with disabilities looking at the numbers of youth living in poverty, age of onset of disability and other relevant factors. Examine and make recommendations relating to young women with disabilities, education level, employment status, family status and other related areas. Examine and make recommendations on abuse of children with disabilities and its relatedness to employment outcomes. Analyze and make recommendations related to higher education systems, supports and outcomes for persons under the age of 30. Examine the changing nature of the workforce/workplace and implications for education, training, higher education, vocational training and rehabilitation services for young people with disabilities and make appropriate recommendations. Analyze and make recommendations related to accessibility of services and supports for employment services for young people with disabilities, with specific attention to asset/deficit of single point of entry, career planning, maneuvering through the federal/state/local support services so that they supplement and compliment career goals. Examine feasibility and benefit of onset of services and make recommendations based on outcome. To extent possible examine how much of the problem of unemployment of youth with disabilities is employer attitudes, discrimination and public education and exposure (both the individual's exposure to the world of work and the employer's exposure to young workers with disabilities). Committee on the Health Care & Income Support Program The Committee shall: Analyze the existing programs and policies of Task Force member agencies to determine what changes, modifications, and innovations may be necessary to remove barriers to work faced by people with disabilities. Examine and make recommendations relating to how health care quality and access to health care and health insurance affect the ability and willingness of adults with disabilities to participate in the workforce. Examine and make recommendations relating to existing systems and possible new approaches for access to home and community-based services, including personal assistance services. Examine and make recommendations relating to the relationship between federal, state and private income support programs and the ability and willingness of adults with disabilities to participate in the workforce. Examine and make recommendations relating to how participation in federal income support programs and the current structure of these programs affect the ability and willingness of adults with disabilities to participate in the workforce. Examine and make recommendations relating to the relationship between eligibility for income support programs and eligibility for federal or state health insurance programs and any resulting effect on the ability and willingness of adults with disabilities to participate in the workforce. Examine and make recommendations for work-related and consumer-driven, long-term supports and wrap-around services, including personal assistance independent living services. Program areas for focus of these committee activities may include, but are not limited to Medicare, Medicaid, SSI, SSDI, FECA, Vets Income Support, workers' compensation, unemployment insurance and private insurance. Evaluate and, where appropriate, coordinate and collaborate on, research and demonstration priorities of Committee member agencies related to employment of adults with disabilities. Track and report on implementation of recommendations approved by the Task Force. Committee on Economic Incentives & Entrepreneurship The Committee shall: Analyze the existing programs and policies of Task Force member agencies to determine what changes, modifications, and innovations may be necessary to remove barriers to work faced by people with disabilities. Examine and make recommendations relating to tax provisions affecting employers or adults with disabilities that influence the ability or willingness of adults with disabilities to participate in the workforce. Analyze and make recommendations relating to small business and other entrepreneurial opportunities for adults with disabilities. Review and take appropriate action on the reports and recommendations arising out of the Task Force's work to fulfill the mandate contained in Section 2 (c) of the Executive Order. Examine and make recommendations relating to the impact of the Randolph-Sheppard Act and the Jarvis-Wagner-O'Day Act on employment outcomes for adults with disabilities. Examine and make recommendations relating to federal transportation efforts that serve adults with disabilities, and their effect on the ability and willingness of adults with disabilities to participate in the workforce. Examine and make recommendations for a coordinated and aggressive national policy to develop small business and entrepreneurial opportunities for adults with disabilities, and strategies for assisting low-income adults, including those with disabilities, to create small businesses and micro-enterprises. Examine and make recommendations for consumer-driven, long-term supports and services in transportation and accessible and integrated housing. Evaluate and, where appropriate, coordinate and collaborate on, research and demonstration priorities of Committee member agencies related to employment of adults with disabilities. Track and report on implementation of recommendations approved by the Task Force. Committee on the Federal Government as a Model Employer The Committee shall: Analyze the existing programs and policies of Task Force member agencies to determine what changes, modifications, and innovations may be necessary to remove barriers to work faced by people with disabilities. Examine and make recommendations relating to compliance by federal agencies with the Rehabilitation Act and other laws and regulations associated with the employment of adults with disabilities in the federal government. Examine and make recommendations relating to federal employment policy and its effects on employing adults with disabilities in the federal government. Review and take appropriate action on the report and recommendations of Section 2 (a) of the Executive Order. Examine and make recommendations relating to the accessibility of technologies for federal employees with disabilities. Analyze and make recommendations relating to the Federal Employee Health Benefits Plan (FEHBP) service strategies and job retention for federal employees with disabilities. Examine and make recommendations relating to the accessibility of the federal government's facilities and buildings for federal employees with disabilities. Track and report on implementation of recommendations approved by the Task Force. Committee on Civil Rights The Committee shall: Analyze the existing programs and policies of Task Force member agencies to determine what changes, modifications, and innovations may be necessary to remove barriers to work faced by people with disabilities. Examine and make recommendations relating to enforcement, education, and litigation strategies undertaken by the Federal agencies charged with administering the Americans with Disabilities Act and other laws and regulations providing protections for adults with disabilities in employment. Analyze and make recommendations relating to the use of alternative dispute resolution to resolve issues associated with the employment of adults with disabilities. Review and take appropriate action on the reports and recommendations arising out of the Task Force's work to fulfill the mandate contained in Section 2 (e) of the Executive Order. Cooperate with the Task Force committee on Federal Government as a Model Employer when appropriate, to improve Federal policy and practices in employment nondiscrimination for adults with disabilities. Track and report on implementation of recommendations approved by the Task Force. Committee on Statistics The Committee shall: The Bureau of Labor Statistics of the Department of Labor and the Census Bureau of the Department of Commerce, in cooperation with the Departments of Education and Health and Human Services, the National Council on Disability, and the President's Committee on Employment of People with Disabilities shall design and implement a statistically reliable and accurate method to measure the employment rate of adults with disabilities as soon as possible, but no later than the date of termination of the Task Force. Data derived from this methodology shall be published on as frequent a basis as possible. ---------- Afterword If America is to continue to grow and prosper, if we are to lead the challenging global economy of the 21st century, we cannot afford to ignore the talents, energy and creativity of the 54 million Americans with disabilities. --President William J. Clinton, October 2, 1997 Executive Order 13078 established the Presidential Task Force on Employment of Adults with Disabilities on March 13, 1998, to create an aggressive strategy to address barriers to employment for adults with disabilities. These barriers have resulted in a staggering and unacceptable rate of unemployment, including underemployment and nonemployment of adults with disabilities. Re-charting the Course: First Report of the Presidential Task Force on Employment of Adults with Disabilities is the first step toward developing an aggressive strategy. The report summarizes activities and initial recommendations for actions, while the work of the Task Force continues. As our nation considers multiple systemic changes to employment policy and practice, it is critical that we do all that is possible to ensure that every person who can work and wants to work has the chance to do so. Many creative changes are being made at the national, state, and local levels, demonstrating that future solutions do not need to be bound to the ideas and approaches of the past. The intent is not to place blame for former actions, but to facilitate innovation. A new way of thinking about employment, a new way of organizing jobs, a new way of providing choice and control to adults with disabilities is the agenda of the Task Force. Fulfilling this agenda will ensure that adults with disabilities are members of our nation's workforce. Adults with disabilities are ready, willing, and able to cross the bridge into the 21st Century with dignity and pride in their accomplishments, pride in the contributions they make through their jobs. The barriers in their path to employment are removable. People with disabilities do not need to overcome their disabilities, they need to overcome the obstacles that public policy and attitudes have unfortunately placed between them and jobs. Many of their barriers to employment are ours as a nation, embedded in policies, practices, and attitudes that have evolved over decades. In Mrs. Lederman's letter to President Clinton, she poignantly states the current environment for adults with disabilities in seeking employment: "The way the law is now, it completely takes away all motivation to work. . . . Finding a job is such a complicated and hard issue that one soon thinks he is a loser for life." Creation of the Presidential Task Force on Employment of Adults with Disabilities represents a critical and exciting opportunity to address these barriers. Activities of the Task Force display the commitment of the multiple federal agencies collaborating, thinking creatively across traditional boundaries and turf, to eliminate barriers. Task Force members are committed to building alliances and working as partners with adults with disabilities, business and industry, employers, families, and other interested persons, realizing that coalitions are one of the keys to building a future workforce that truly reflects America at its finest. In the words of an esteemed disability rights leader, Justin Dart, Jr., "Together we shall overcome." The Task Force commends the President for his leadership in establishing the Presidential Task Force on Employment of Adults with Disabilities and looks forward to productive dialogue and actions as Task Force activities continue. Together we will create change across America that results in opening the doors to employment in the 21st century for adults with disabilities. ---------- References Cited in the Report American Heritage College Dictionary. 3rd ed. Boston: Houghton Mifflin Co., 1993. Brown v. Board of Education of Topeka Kansas, 347 US 483 (1954). Funk, R. "Disability Rights: From Caste to Class in the Context of Civil Rights." Images of the disabled: disabling images Ed. A.Gartner and T. Joe. New York: Praeger, 1987. Kaiser Commission on Medicaid and the Uninsured. Online. Internet. Nov. 1998. Available at: http://www.kff.org/archive/health.html. Mills v. Board of Education of the District of Columbia, 348 F. Supp. 866 (D.D.C.1972). National Council on Disability. Achieving Independence: The Challenge for the 21st Century. Washington, DC: National Council on Disability, 1996. PARC v. Commonwealth of Pennsylvania, 343 F. Supp. 279 (E. D. Pa. 1972). Schriner, Kay Fletcher, and Andrew I. Batavia. "Disability Law and Social Policy." Encyclopedia of Disability and Rehabilitation. Ed. Arthur E. Dell Orto and Robert P. Marinelli. New York: Macmillan Library Reference USA-Simon & Schuster Macmillan, 1995. 260-270. Shapiro, Joseph P. No Pity: People with Disabilities Forging a New Civil Rights Movement. New York: Times Books-Random House, 1993. State ex relBeattie v. State Board of Education of City of Antigo, 169 Wisc. 231, 172 N.W. 153, (1919). ---------- Appendix A Summary of Section 2 Mandate Work Group Reports Section 2 of the Executive Order provides explicit instructions from the President regarding formation of six work groups, agencies which should participate on the work groups, and the mandate or set of tasks for which the work group would be responsible. As can be seen, each work group was directed to prepare a report of its recommendations and submit it to Task Force for its members' consideration. It is important to recognize that Task Force has yet to endorse these recommendations. Excerpted below is the complete Section 2 from the Executive Order. Sec. 2. Specific activities by Task Force members and other agencies. (a) To ensure that the Federal Government is a model employer of adults with disabilities, by November 15, 1998, the Office of Personnel Management, the Department of Labor, and the Equal Employment Opportunity Commission shall submit to the Task Force a review of Federal Government personnel laws, regulations, and policies and, as appropriate, shall recommend or implement changes necessary to improve Federal employment policy for adults with disabilities. This review shall include personnel practices and actions such as hiring, promotion, benefits, retirement, workers' compensation, retention, accessible facilities, job accommodations, layoffs, and reductions in force. (b) The Departments of Justice, Labor, Education, and Health and Human Services shall report to the Task Force by November 15, 1998, on their work with the States and others to ensure that the Personal Responsibility and Work Opportunity Reconciliation Act is carried out in accordance with section 504 of the Rehabilitation Act of 1973, as amended, and the Americans with Disabilities Act of 1990, so that individuals with disabilities and their families can realize the full promise of welfare reform by having an equal opportunity for employment. (c) The Departments of Education, Labor, Commerce, and Health and Human Services, the Small Business Administration, and the President's Committee on Employment of People with Disabilities shall work together and report to the Task Force by November 15, 1998, on their work to develop small business and entrepreneurial opportunities for adults with disabilities and strategies for assisting low-income adults, including those with disabilities to create small businesses and micro- enterprises. These same agencies, in consultation with the Committee for Purchase from People Who Are Blind or Severely Disabled, shall assess the impact of the Randolph-Sheppard Act vending program and the Javits-Wagner-O'Day Act on employment and small business opportunities for people with disabilities. (d) The Departments of Transportation and Housing and Urban Development shall report to the Task Force by November 15, 1998, on their examination of their programs to see if they can be used to create new work incentives and to remove barriers to work for adults with disabilities. (e) The Departments of Justice, Education, and Labor, the Equal Employment Opportunity Commission, and the Social Security Administration shall work together and report to the Task Force by November 15, 1998, on their work to propose remedies to the prevention of people with disabilities from successfully exercising their employment rights under the Americans with Disabilities Act of 1990 because of the receipt of monetary benefits based on their disability and lack of gainful employment. (f) The Bureau of Labor Statistics of the Department of Labor and the Census Bureau of the Department of Commerce, in cooperation with the Departments of Education and Health and Human Services, the National Council on Disability, and the President's Committee on Employment of People with Disabilities shall design and implement a statistically reliable and accurate method to measure the employment rate of adults with disabilities as soon as possible, but no later than the date of termination of the Task Force. Data derived from this methodology shall be published on as frequent a basis as possible. (g) All executive agencies that are not members of the Task Force shall (1) coordinate and cooperate with the Task Force; and (2) review their programs and policies to ensure that they are being conducted and delivered in a manner that facilitates and promotes the employment of adults with disabilities. Each agency shall file a report with the Task Force on the results of its review on November 15, 1998. Summaries of each of the six work group reports* along with names and agency affiliations of each group's members are provided in the following section. A note on work group members: The reports in the following section reflect the judgment as well as considerable knowledge base of the individuals who were selected by their agencies for their expertise on policies and programs related to employment of adults with disabilities. NOTE TO READERS: The Presidential Task Force provides an important reminder to all readers of this report. The reports of the work groups included in this document should not be viewed as any formal statement of policy or adopted plans of action approved or endorsed by any executive agency or any other branch of government. Readers should view this report as a "work in progress." The recommendations and other contents of this report will be subject to thorough and rigorous review by the Task Force members and appropriate governmental agencies. Any branch or agency of the federal government will take no action until thorough reviews have been completed and formal adoption by appropriate agencies has been secured. _________________ *Scheduled for spring 1999 is an addendum report which will address Section 2 (d), the Department of Housing and Urban Development's examination of HUD programs. The addendum report will also address Section 2 (g) that requires all executive agencies that are not members of the Task Force to (1) coordinate and cooperate with the Task Force and (2) review their programs and policies to ensure that they are being conducted and delivered in a manner that facilitates and promotes employment of adults with disabilities. Work Group on the Review of Federal Government Personnel Laws, Regulations, and Policies _________________________________Mandate from Section 2 (a) of the Executive Order__________________________________ To ensure that the federal government is a model employer of adults with severe disabilities, by November 15, 1998, the Office of Personnel Management, the Department of Labor, and the Equal Employment Opportunity Commission shall submit to the Task Force a review of federal government personnel laws, regulations, and policies and, as appropriate, shall recommend or implement changes necessary to improve federal employment policy for adults with disabilities. This review shall include personnel practices and actions such as hiring, promotion, benefits, retirement, workers ' compensation, retention, accessible facilities, job accommodations, layoffs, and reductions in force. BACKGROUND As part of the review, barriers and best practices were identified with respect to the recruitment, hiring, and employment of adults with disabilities in the federal sector and developed recommendations to improve conditions in these areas. Materials reviewed included: --policies and procedures of 65 of the 89 federal agencies, pertaining to hiring and employment of individuals with disabilities; --Title 5 of the U.S. Code and Title 5 of the Code of Federal Regulations, concerning federal sector employment; and --the regulation implementing Section 501 of the Rehabilitation Act; EEOC federal sector decisions and complaints received by the Access Board pertaining to federal employees with disabilities. In addition, representatives of unions and disability organizations were contacted as well as individuals with disabilities who are knowledgeable about barriers and best practices in the area of hiring and employment of individuals with disabilities in the federal sector. >From 1982 to 1997, representation of persons with severe disabilities in the permanent federal civilian workforce increased from .81% to 1.16%. The peak year of representation for persons with disabilities was 1993; since that year, however, representation for persons with severe disabilities declined from 1.24% to 1.16%. The critical figure that provides perspective for this report is that 5.95% of the people available to work in the civilian labor force are persons with severe disabilities. While the federal government has made significant hiring gains, the percentage of persons with severe disabilities in the federal workforce (1.24% at its peak in 1993) still lags far behind availability (EEOC, 1998). EFFORTS ALREADY UNDERWAY As a result of the review, three examples of federal agency "best practices" for employees with disabilities were identified, providing valuable models for all federal agencies. These included: -- The Department of Education's Self-Evaluation and Implementation Process: In 1995, the department conducted a comprehensive accessibility self-evaluation resulting in implementation of several model programs, including establishment of centralized funding for reasonable accommodation equipment and services, including personal assistance services; development of guidelines for assuring that all software purchases are fully accessible (Requirements for Accessible Software Design); establishment of a department-wide alternate format center for production of braille, audio tape, and large print materials; and installation of software which put a virtual TTY (teletypewriter) on each desk. -- The Department of Agriculture's Technology Accessible Resources Gives Employment Today (TARGET) Center: Established in 1992, the TARGET Center provides a wide range of services to USDA employees with disabilities and to other federal agencies upon request. These services include: evaluations, demonstrations, and assessments of accommodations; technology review; disability awareness presentations; coordination of training; provision of a resource information library on accommodations, vendors, and technology; contracting of assistive services; technical support; consultations with managers and employees; and information provided in alternate, accessible formats. -- The Department of Defense's Computer/Electronic Accommodations Program (CAP): CAP was established in 1990 as the centrally funded DOD program that provides assistive technology to allow DOD employees with disabilities to access computer and telecommunication systems. CAP services are available to individuals with visual, hearing, dexterity, and cognitive disabilities and take into account the individual's specific situation, including functional capabilities and computer compatibility. CAP also provides funding for sign language interpreters, readers, and personal assistants for DOD employees in training classes that last more than two days. A number of other federal agency "best practices" with respect to the recruitment, hiring, and employment of adults with disabilities were also identified. BARRIERS AND RECOMMENDATIONS Barriers which affect the employment of adults with disabilities, along with recommendations for their elimination, are described below. A. Recruitment and Hiring Barriers ISSUE: Excepted Appointing Authorities--These are provisions through which people with disabilities can be exempted from the competitive appointment process for federal employment. In them, individuals with psychiatric disabilities are held to standards which are more strict than those to which people with mental retardation and physical disabilities are held. People with psychiatric disabilities are subject to OPM's basic qualification standards established for the occupation and grade level, are subject to a two-year appointment limitation, and are not eligible for conversion to the competitive service. RECOMMENDATION-- --The Office of Personnel Management (OPM) and other appropriate agencies should explore measures aimed at eliminating the stricter standards currently applied to individuals with psychiatric disabilities seeking to qualify for excepted appointments and thereby extending to them those opportunities currently available to individuals with severe physical disabilities and mental retardation. ISSUE: Vacancy Announcements--Availability of reasonable accommodations does not appear to be indicated on the vacancy announcements and other recruiting materials of the vast majority of federal agencies. This poses a barrier to individuals with disabilities seeking federal government employment who are unsure of their right to, or the availability of, reasonable accommodations during the application process and during the employment relationship. RECOMMENDATION-- --OPM, in consultation with the Equal Employment Opportunity Commission (EEOC) should develop language for federal vacancy notices that explicitly states that reasonable accommodation is available. OPM should also revise its regulations to require all federal agencies to include this notice in vacancy announcements and other recruiting materials. B. Reasonable Accommodation Barriers ISSUE: Reasonable Accommodation Policies and Procedures--Both potential and current federal employees with disabilities are faced with significant problems when seeking reasonable accommodation. It is often unclear who is responsible for determining, approving, and obtaining accommodations. Requests for reasonable accommodation often are not handled promptly, chiefly because there are no time limits on decision making. Individuals with nonvisible or hidden disabilities have a particularly difficult time obtaining needed accommodations. And, supervisors and managers often are unaware of the legal requirements governing the obligation to provide reasonable accommodations. Presently, there are no government-wide, uniform procedures for processing applicant and employee requests for reasonable accommodation, nor are there model procedures for processing such requests. Among federal agencies with written procedures for processing accommodation requests, some are exceedingly and unnecessarily complex, while others require intrusive and extensive medical information that is not necessary and that may be inappropriate. RECOMMENDATION-- --EEOC should issue regulations or other appropriate directives providing guidelines which federal agencies may choose to adopt in establishing agency-wide, written reasonable accommodation policies and procedures for applicants and employees with disabilities. Such guidelines should promote policies that make it easy and simple to request an accommodation. They should provide for a fair, prompt and balanced review of an accommodation request; a meaningful dialogue between supervisor and employee where necessary; and a review of medical evidence by a medical professional, where the medical reasons for the accommodation are in dispute. Agencies that choose to develop their own policies should ensure that these policies include the standards on reasonable accommodation requests provided below. 1. Explain how an employee or job applicant initiates a request for reasonable accommodation. If the agency requires an applicant or employee to complete a reasonable accommodation request form, the form must be provided as an attachment to the written procedures. 2. Specify to whom the request must be submitted and from whom the employee will receive a final decision. 3. Designate a time period during which reasonable accommodation requests will be granted or denied, absent extenuating circumstances. If designated time deadlines are not met, responsible agency officials should explain the delay to the employee. 4. Explain the responsibility of the employee or applicant to provide appropriate medical information related to the functional impairment at issue and the requested accommodation. 5. Explain the agency's right to request relevant supplemental medical information if the information submitted does not clearly explain the nature of the disability, the need for the reasonable accommodation, or does not otherwise clarify how the requested accommodation will assist the employee to perform the essential functions of the job or to enjoy the benefits and privileges of the workplace. 6. Explain the agency's right to have medical information reviewed by a medical expert of the agency's choosing at the agency's expense. 7. Provide that reasonable accommodation decisions should be in writing and specify the reasons for denial, when applicable. 8. Provide a "plain English" explanation of certain key legal terms used in the policy (e.g., reasonable accommodations, disability, qualified person with a disability, and undue hardship), and reference applicable statutes and regulations as a source of the actual wording of the terms. 9. Provide that reassignment will be considered as a reasonable accommodation if the agency determines that no other reasonable accommodation will permit the employee to perform the essential functions of his or her current position. In the case of reassignment to a lower graded position, the agency has the option of providing pay retention because the action is not for personal cause. 10. Designate a system of record keeping that tracks the processing of requests for reasonable accommodation and maintains the confidentiality of medical information received in accordance with applicable law and regulations. 11. State in the policy that employees have the right to file a complaint in the event that their requests for reasonable accommodation are denied. 12. Clearly and expressly explain the role and responsibility of each agency official or office in the grant or denial of reasonable accommodation requests. ISSUE: Procurement and Payment for Reasonable Accommodations--For procuring and paying for job accommodations, some federal agencies provide centralized procurement and funding for specified accommodations. In other agencies, responsibility for procurement and payment is given to individual offices or divisions. It is logical to assume that a supervisor is more likely to reject an accommodation on the basis of cost where the funds for purchasing the accommodation come from the supervisor's budget. On the other hand, a supervisor is less likely to consider the cost of an accommodation where the funds for purchasing an accommodation come from a centralized budget. Clearly, the reluctance of supervisors to spend their own funds on reasonable accommodations is a real barrier. RECOMMENDATION-- --The Administration should explore administrative methods to establish a central point of contact and a single source of payment through a new appropriation for assistive technology and related services for all federal job applicants and federal employees with disabilities. In establishing this central point of contact, agencies should not be mandated to pay into a centralized accommodations fund based on the number of individuals with disabilities they hire, employ, or accommodate or to be charged back for the cost of accommodations provided to their employees under this system. There should be no direct link between the number of employees with disabilities an agency hires, employs, or accommodates and cost charged to the agency. This unified system of administration, procurement, and funding would enable the government to take advantage of bulk purchase values and other economies of scale, reduce administrative and procurement costs, and remove the nuisance and expense factors that too often are disincentives for supervisors and agencies considering hiring or accommodating individuals with disabilities. Each agency would not have to develop its own system and expertise for procurement of assistive technology and other devices; instead, one set of experts would suffice. ISSUE: Reassignment--The ADA specifically mentions reassignment to a vacant position as a form of reasonable accommodation for individuals who, because of a disability, can no longer perform their current jobs. In 1992, Congress amended the Rehabilitation Act to make ADA standards regarding nondiscrimination in employment (including ADA standards on reassignment) applicable to the federal government. Federal regulatory standards governing reassignment, however, have not been changed to accommodate this statutory mandate. RECOMMENDATIONS-- --EEOC should revise its regulation regarding reassignment in the federal government to incorporate the ADA standards for reassignment. --EEOC should provide guidance about the applicable ADA provisions that apply to reassignment and, specifically, about the application of the ADA's undue hardship standard. ISSUE: Electronic and Information Technology--Virtually all federal positions now require the use of computers to complete everyday job tasks. If software procured by agencies is not accessible to people with disabilities, the technology creates a barrier to employment. At present, most federal agencies do not appear to have systematic means for evaluating the accessibility of their information technology, nor for assessing the effect on accessibility when new systems and software are developed, purchased, or upgraded. There are currently no government-wide standards for accessible technology, and few agencies are aware of the model accessibility guidelines put forward by GSA. The focus at most agencies seems to be on providing individual solutions for technology access problems encountered by employees with disabilities. In Section 508 of the Rehabilitation Act (reauthorized in Work Force Investment Act, August 7, 1998, PL 105-220), the Access Board is directed to develop and publish standards for electronic and information technology accessibility within 18 months and requires federal agencies to develop, procure, and use accessible technology. RECOMMENDATIONS-- --All government agencies should adopt the Education Department's Requirements for Accessible Software Design as an interim standard until the Section 508 standards are published; --All government agencies should ensure that all hardware and software purchased, modified, or upgraded by such agencies are accessible to people with disabilities; --All government agencies should test new and current information technology systems for accessibility and consider upgrading or modifying any inaccessible systems used by employees or job applicants; --All government agencies should ensure that all employee information provided on their interdepartmental computer networks as well as public information provided on their Web or Internet sites is accessible to people with disabilities; and --All government agencies should ensure that employees with disabilities receive an assessment of technology access needs, and receive the appropriate assistive technology hardware, software, or peripherals to make all information technology systems used on the job accessible. ISSUE: Interpreters and Personal Assistance Services--As employers, federal agencies are required to provide interpreters to individuals with hearing disabilities as a form of reasonable accommodation under section 501 of the Rehabilitation Act of 1973. Interpreting services represent both an ongoing cost and a logistical challenge to locate qualified interpreters and schedule events appropriately. Some federal agencies, however, fail to do an adequate job of planning and allocating resources effectively and do not establish clear policies and procedures regarding interpreting services. In addition, personal assistance services are required by other employees as a reasonable accommodation. Just as interpreters are key accommodations to persons with severe hearing impairment and computers, TTYs, and other pieces of equipment are key accommodations to persons with visual impairments, personal assistance services, such as readers for visually impaired persons and attendants for mobility impaired persons are key workplace accommodations. RECOMMENDATIONS-- --All government agencies that provide training to employees of other federal agencies should review their policies on provision of interpreters and other auxiliary aids and services for people with disabilities in order to ensure that their written policies state their obligation under the Rehabilitation Act to provide interpreter services and that these policies are followed. --All government agencies should ensure that internal training opportunities are offered equally to employees with disabilities and that interpreters or other auxiliary aids and services are planned for and provided. --All government agencies should provide sign language interpreter services for training and other public events and, when requested, provide effective communications through other means such as Computer Assisted Real-time Transcription (CART) or assistive listening systems. C. Barriers Resulting from Regulations Governing Collection, Retention, and Distribution of Medical Information ISSUE--The ADA significantly restricts the kinds of questions that employers may ask applicants or employees about disability and limits circumstances under which employers may require medical examinations of applicants and employees. While Congress amended the Rehabilitation Act to make provisions of Title I of the ADA applicable to the federal sector, there is concern among some agencies and employees with disabilities that regulations governing collection, retention, and disclosure of medical information have not been revised to reflect provisions of the ADA adequately. The following provisions contain areas of potential conflict between the law and the regulations: medical qualification determinations, nondiscrimination restrictions on medical examinations and disability-related inquiries, employee medical file system records, and conditions for disclosure of records. RECOMMENDATION-- --EEOC and OPM should take a coordinated effort to resolve conflicts between their regulations and applicable Rehabilitation Act standards governing the collection, retention, and disclosure of medical and disability-related information about applicants and employees. D. Part-Time Work Barriers ISSUE: Establishment of Part-Time Positions--The issue of part-time work relates to employment of adults with disabilities in the federal sector because, without viable options for part-time work, some adults with disabilities will be unable to enter or to remain in the workforce. The Federal Employees Part-Time Career Employment Act of 1978 was created to increase federal part-time career employment. When passing the Act, Congress explicitly recognized that part-time employment provides a real alternative for individuals with disabilities. Although agencies are mandated to establish part-time career employment programs, there is evidence that agencies may not be routinely establishing, or evaluating the need for, part-time positions within their organizations. RECOMMENDATION-- --OPM should remind agencies annually of Congressional intent to promote part-time employment and should encourage agencies to expand part-time opportunities, especially for individuals with disabilities, and to promote part-time employment within their respective organizations. --OPM's existing USAJOBS site should be modified to provide a separate search category for part-time employment. ISSUE: Public Education--Information on availability of part-time employment is not readily available or easily accessible. Currently, prospective part-time employees must individually review each vacancy to determine if it is a full-time or part-time position. Since so few part-time positions are advertised, this effort is usually futile. RECOMMENDATION-- --OPM should create a part-time employment Internet site with specific vacancy announcements to promote part-time employment in the federal government. Such changes would make it easier for prospective employees to apply for part-time jobs and would generally promote part-time employment in the federal sector. E. Architectural Barriers at Federally Owned and Leased Facilities ISSUE: Buildings owned or leased for occupancy by the federal government are subject to the Architectural Barriers Act of 1968. Based on accessibility complaints received by the Access Board, the architectural barriers most commonly mentioned at federal facilities involve entrances, ramps, doors, and accessible routes connecting these features. Other facility features about which complaints often are made involve parking spaces, curb ramps, and toilet rooms. In other instances, complainants allege that accessible features, though present, do not conform to accessibility standards. Although procedures exist within agencies to ensure that federal construction, alteration, and leasing covered by the Barriers Act meet applicable accessibility standards, incidents of noncompliance still occur. RECOMMENDATIONS-- --All government agencies should conduct self-evaluations of their facilities to determine compliance with the current federal accessibility standards and, to the extent that noncompliance is identified, develop a plan to bring facilities into conformance with requirements. --The Access Board shall provide agencies with technical assistance in doing their self-evaluations, if necessary. --Pending rulemaking currently underway which will revise and harmonize accessibility standards implemented under both the Barriers Act and the Disabilities Act, all government agencies should implement a policy to follow the most stringent standard. F. Lack of Statement Prohibiting Disability-based Discrimination ISSUE: Although OPM regulations contain several provisions that prohibit discrimination in employment and list bases for employment-related complaints, these provisions do not explicitly refer to disability as a prohibited basis for employment decision making. Moreover, although Section 720 of the regulations requires agencies to make efforts to increase minority and female representation in the federal work force, there is no OPM regulation that notifies agencies that the Rehabilitation Act requires affirmative action on behalf of people with disabilities. RECOMMENDATIONS-- --OPM should amend its regulations to include an explicit prohibition on discrimination on the basis of disability. --OPM should amend all regulations that address discrimination to include disability as an explicitly prohibited consideration in employment decisions. --OPM should amend all regulations that address discrimination to state explicitly that the Rehabilitation Act requires affirmative action on behalf of individuals with disabilities and should refer agencies to EEOC regulations and management directives for guidance on the scope of that obligation. NEXT STEPS--BEYOND NOVEMBER 15, 1998 Recommendations for Further Review and Action by the Task Force -- The Task Force should evaluate whether or not the federal government is currently providing effective outreach to disability rights organizations, rehabilitation agencies, and other similar entities about employment opportunities. If current practices are found to be inadequate, the Task Force should formulate specific strategies for outreach in order to increase the pool of qualified applicants with disabilities. -- The Task Force should determine what entity will serve as the government-wide central point of contact for assistive technology and services for federal job applicants and employees with disabilities who request reasonable accommodation as well as the source of funding for the administrative costs and accommodations provided by that entity. -- The Task Force should continue to review OPM's and EEOC's regulations and programs to determine if they pose any other barriers to the recruitment, hiring, and retention of qualified individuals with disabilities in the federal government that have not been identified in this report. -- The Task Force should evaluate the effectiveness of training federal supervisors, managers, and senior executives on disability issues, including applicable laws and regulations related to the recruitment, hiring, and employment of adults with disabilities. -- The Task Force should evaluate whether or not federal agencies provide adequate interpreter services to their deaf employees who need such services as a form of reasonable accommodation. REFERENCES Equal Employment Opportunity Commission, Office of Federal Operations, Federal Sector Programs. Annual Report on the Employment of Minorities, Women and People with Disabilities in the Federal Government. Washington: GPO, 1997. Equal Employment Opportunity Commission. Annual Report on the Employment of Minorities, Women and People with Disabilities in the Federal Government: Fiscal Year 1997. Washington, DC: 1998. U.S. Department of Agriculture, Secretary's Advisory Committee for Employees with Disabilities. A Time f