HIRE INDIVIDUALS WITH DISABILITIES
ACCESS THE POSSIBILITIES
PART TWO - APPLICABLE LAWS, REGULATORY GUIDANCE AND DEFINITIONS
This article is Part Two of a three-part series dealing with individuals with disabilities in the Federal workplace. Part One of this series, published in March 2010, dealt with the philosophy of the quest for talented individuals with disabilities for the Federal workforce. Individuals with disabilities should be given the same opportunities as individuals without disabilities. Individuals with disabilities, like everyone else, harbor the need to be productive, self-reliant, and actively involved in the mainstream of society.
To that end, core disability laws such as the Rehabilitation Act of 1973, as amended, Architectural Barriers Act of 1968, Americans with Disabilities Act of 1990, as amended, 29 CFR, Part 1614, and U.S. Army Space and Missile Defense Command/Army Forces Strategic Command (USASMDC/ARSTRAT) Regulation 690-1 provides some of the following:
Aca,!Ac Who is protected by, and who must comply with, the ADA;
Aca,!Ac What the law permits and prohibits with respect to establishing qualification standards, assessing the qualifications and capabilities of people with disabilities to perform specific jobs, and requiring medical examinations and other inquiries;
Aca,!Ac The nature of the obligation to make a reasonable accommodation;
Aca,!Ac How the law's nondiscrimination requirements apply to aspects of the employment process such as promotion, transfer, termination, compensation, leave, fringe benefits and contractual arrangements;
Aca,!Ac How ADA provisions regarding drug and alcohol use affect other legal obligations and employer policies concerning drugs and alcohol; and
Aca,!Ac How ADA requirements affect workers' compensation policies and practices.
USASMDC/ARSTRAT, in conjunction with the Department of the Army, published regulatory guidance located in USASMDC/ARSTRAT Regulation 690-1. This regulatory guidance provides that USASMDC/ARSTRAT shall not discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, hiring, advancement, or discharge, employee compensation, job training and other terms, conditions, privileges of employment. This regulatory guidance is required reading for all employees, including managers and supervisors.
There are also various definitions associated with the Rehabilitation Act and the ADA that are of great importance. These definitions can also be found in USASMDC/ARSTRAT Regulation 690-1. Some of those definitions are as follows:
Aca,!Ac Individual with a Disability - a person who has a physical or mental impairment that substantially limits one or more major life activities; has a record of such impairment; or is regarded as having such impairment.
Aca,!Ac Major Life Activities - functions such as caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working. A major life activity also includes the operation of major bodily functions such as functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions. This is not an exhaustive list, but is representative of the types of activities that are considered major life activities.
Aca,!Ac Physical or Mental Impairment - any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic skin, and endocrine; or any mental or psychological disorder such a mental retardation, organic brain syndrome, traumatic brain injury, emotional or mental illness, and specific learning disabilities.
Aca,!Ac Qualified Individual with a Disability - an individual with a disability who meets the skill, experience, education, and other job-related requirements of the position and who, with or without reasonable accommodation, can perform the essential functions of the job.
Aca,!Ac Reasonable Accommodation - a modification/adjustment to a job or work environment or application process that enables the person with the disability to enjoy equal employment opportunities unless it imposes an undue hardship on the operations of the agency.
Aca,!Ac Undue Hardship - a specific accommodation that is excessively costly, extensive, substantial, or disruptive, or that would basically alter the operations of the organization. Factors to be considered in making an undue hardship determination are: nature and cost of the accommodation need; overall size of the workforce, budget, and structure of the organization's operation; and impact of the accommodation upon the operation of the organization.
Aca,!Ac Targeted Disabilities - disabilities "targeted" for emphasis in affirmative action planning. These targeted disabilities are: Deafness, blindness, missing extremities, partial paralysis, complete paralysis, convulsive disorders, mental retardation, mental illness, and genetic or physical conditions affecting limbs and/or spine. Although the list of targeted disabilities is meant to include those who are most likely to suffer job discrimination, the EEOC recognizes that some disabilities that are not targeted are nevertheless just as severe or more severe than some the targeted disabilities.
Aca,!Ac Affirmative Action - a policy to encourage equal opportunity in employment and to level the playing field for groups of people who have been and are discriminated against. According to the Equal Employment Opportunity Commission, affirmative action "is considered essential to assuring that jobs are genuinely and equally accessible to qualified persons, without regard to gender, racial, or ethnic characteristics."
Aca,!Ac Equal Employment Opportunity - Non-discrimination in hiring, firing, compensation, promotion, recruitment, training, and other terms and conditions of employment regardless of race, color, gender, age, religion, national origin, or disability.
Because of the depth of the laws and regulations that guide us through the deep waters dealing with individuals with disabilities, we have merely scratched the service. Please be advised that the USASMDC/ARSTRAT EEO Office, particularly, Ms. Johnetta Graves, Individuals with Disabilities Program Manager, is always ready to assist you with any questions you might have regarding this very intense subject.
Part Three of this series will focus on recruiting, hiring, and retaining employees with disabilities. Stay tuned.
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