ODDC- OPM - Delivering on the Promise

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TITLE: Delivering on the Promise: Office of Personnel Management Self-Evaluation to Promote Community Living for People with Disabilities

AUTHOR: Specific author unknown (KACW 4/18/03)

INTRODUCTION: The Office of Personnel Management (OPM) has reviewed its human resources practices, policies, procedures, and laws to identify barriers and potential solutions to help promote full participation of individuals with disabilities in community life in response to the President’s Executive Order on community integration. The Executive Order does not expressly identify OPM as one of the Federal agencies charged with conducting a review; however, recognizing that opportunities for productive employment are an essential part of carrying out the President’s Executive Order and the New Freedom Initiative, OPM volunteered to conduct a review. OPM has used this opportunity to pro-actively review human resources practices, policies, procedures, and laws and to identify strategies that will open further opportunities for Federal service to the disability community.

The President has made it clear that the Federal government itself must be a model employer, exemplary in its practices, demonstrating through its actions what it expects and trusts state and local governments to do, and illustrating to the private sector what is possible. With a permanent workforce of 1.8 million, the Federal government is the nation’s largest employer and purchaser of goods, services, technology, and health care. As the Federal government’s human resources agency, the OPM works with agencies to create tailored systems within current law to recruit, develop, manage, retain, and advance a high-quality and diverse workforce, and to do it in a fair and equitable way.

According to a Census Bureau report, there are 54 million Americans with disabilities, almost 20% of the U.S. population. Among the almost 1.8 million permanent Federal workers, however, 120,525 are individuals with disabilities. This represents approximately 7.1% of all civilian employees in the Federal Executive Branch workforce. In contrast to the increasing representation of women and minorities, the representation of employees with disabilities has remained stable in the last two decades. OPM found that among non-postal Executive Branch departments, the representation of people with disabilities ranges from 3.2% to 11.0%. The representation of employees with disabilities in Federal independent agencies ranges from 2.3% to 32.6%.

The Equal Employment Opportunity Commission (EEOC) defines "Targeted Disabilities," as deafness, blindness, missing extremities, paralysis, convulsive disorders, mental retardation, mental illness, and genetic and physical conditions affecting limbs and/or spine, i.e., those most likely to be included in the Olmstead class. The employment representation of persons with targeted disabilities is very low relative to their proportion in the overall working-age population. In large Federal agencies, the representation ranges from 0.4% to 1.8%, and in independent agencies the range is 0.2% to 27.9%. Over the past five years, only 5,470 employees with disabilities have been hired in the Federal government through special hiring authorities. Agency representation varies considerably from 2 to over 1,000 new hires. A critical variable in recruitment, retention, and advancement of employees with disabilities in the Federal government is the availability of reasonable accommodations, including assistive technology and other supports that enable employees with disabilities to perform competitively and excel in their jobs. The most frequent discrimination complaint filed by people with disabilities to the EEOC among private sector employees is discharge. However, the most frequent complaint filed by Federal employees with disabilities is failure to provide reasonable accommodation. OPM’s guidance, policies and practices must serve as a catalyst for making the federal government an example of leadership and commitment when it comes to ensuring that all Americans enjoy the full opportunity to participate in the workplace.

FUTURE ACTIONS: OPM has identified four areas that may ensure that federal employees with disabilities participate fully their communities and take full advantage of the opportunities in federal service.

OPM will increase innovative and strategic partnerships across federal agencies to promote the employment and retention of people with disabilities in the federal government by:

Strengthening relationships with the Social Security Administration (SSA) to promote the implementation of the Ticket to Work Program. OPM and SSA will develop a memorandum of understanding, which will define the role each will play in promoting the Ticket to Work Program.
Strengthening relationships with the Department of Education’s Rehabilitation Services Administration (RSA) to promote Federal employment of state Vocational Rehabilitation clients. OPM has begun to work with RSA developing materials for Vocational Rehabilitation agencies to streamline the disability certification process. OPM and RSA will develop a memorandum of understanding to define the role each will play in providing information on Federal employment and communicating with state Vocational Rehabilitation offices.
Strengthening relationships with the Department of Labor (DOL) to promote Federal employment of people with disabilities. The One-Stop Career Center System, led by DOL, is an integrated service delivery system for job seekers throughout the country. This system coordinates at the local level the delivery of multiple employment and training programs funded by a variety of Federal agencies. One-Stop Career Centers can be a good source of qualified applicants with disabilities for Federal employment. DOL and the Department of Defense (DOD) manage the Workforce Recruitment Program (WRP) for college students with disabilities. The WRP is a good source for placement of students with disabilities in both summer and permanent jobs. In 2001, OPM requested and obtained from the Office of Management and Budget an exemption to Federal hiring controls to allow WRP candidates to be hired for summer jobs. DOL has implemented the Employer Assistance Referral Network (EARN) providing employers interested in filling jobs with candidates who are disabled. OPM and DOL will develop a memorandum of understanding which will define the role each will play in providing information on Federal employment to One-Stop Career Centers, and promoting use of the EARN and WRP for Federal employment of people with disabilities. OPM will also work with DOL to ensure EARN is aware of Federal requirements in hiring people with disabilities.

OPM will increase the use of technology to disseminate information about employing people with disabilities in the federal government by:

Disseminating information to employees, managers and supervisors about the employment of people with disabilities in the Federal government, including hiring authorities, certification, reasonable accommodation, job opportunities, resources, and working with people who have disabilities.
Taking the lead on developing a special comprehensive and user-friendly website on Federal employment of people with disabilities for use by potential employees, current employees, managers, human resource professionals and supervisors. The website will contain the pertinent laws, regulations, policies, and guidance. It will also contain technical information about certification, selective placement coordinators, and other aspects of employment of people with disabilities. The website will be useful to managers who need to know how to interview people with disabilities, what the hiring authorities are, and what the procedures are for providing reasonable accommodation. The information on the website will be accessible to individuals with disabilities. The website will meet section 508 requirements and OPM will aggressively market it at Office conferences and events, on its home page, and through other communications.

OPM will utilize revised policies and guidance on the federal employment of adults with disabilities to improve agencies’ capacities to recruit and retain people with disabilities in the federal workforce by:

Revising guidance and exploring the revision of regulations that impact agencies’ ability to hire and retain people with disabilities. OPM reviewed regulations, policy and guidance on the Federal employment of adults with disabilities and will revise requirements to enhance the ability of agencies to hire people with disabilities. OPM developed and disseminated a Model Employment Plan showcasing best practices of Federal agencies in the employment of adults with disabilities. It serves as a valuable reference for actions Federal agencies can take to increase the employment of adults with disabilities. OPM is revising its Employment Guide for People with Disabilities in the Federal government to incorporate regulatory changes allowing people with psychiatric disabilities to become permanent employees. OPM is also changing guidance to make it easier for people with disabilities to apply for Federal employment.
OPM regulations limit the entities that can certify that an applicant has a disability to the state Vocational Rehabilitation agencies and the Department of Veterans Affairs. OPM will explore a change in regulation to add SSA as a certifying agency. This could streamline the process in allowing Ticket to Work candidates to apply for Federal jobs.
Telework has proven ties to recruitment and retention. Among other benefits, it allows agencies to hire individuals whose disabilities would make commuting difficult or impossible since they can work from home. The ability to telework encourages applications from disabled employees who might otherwise not consider applying for a federal job. Employees are likely to stay with an employer who offers telework as work option. Allowing current disabled employees, and those who become disabled, to continue with their current job by allowing them to telework will aid in agencies’ ability to retain federal employees. OPM will provide guidance to agencies to advertise telework opportunities as part of their recruiting package which includes vacancy announcements, job fairs, and the like. OPM will provide agencies with guidance on placement of telework opportunities on the first page of their web sites, as well under the category of "employment" to increase awareness of telework opportunities particularly to disabled employees. OPM will expand its current efforts to encourage agencies to identify more positions suitable for telework arrangements, and provide more flexible telework policies to aid in the retention of disabled employees.

OPM will expand efforts to employ people with disabilities in the federal government through dissemination of information at meetings and conferences and through other means by:

Using a variety of strategies for disseminating information about the recruitment and retention of people with disabilities in the Federal workforce. OPM has developed guidance to Federal agencies on the employment of adults with disabilities. OPM co-chaired the Human Resources Management Council (HRMC) Disability Committee that developed materials to help agencies increase their hiring of people with disabilities. OPM is developing a website that will be a resource of material for applicants, employees, managers and human resources professionals on the employment and reasonable accommodation of people with disabilities. OPM has Employment Fact Sheets specifically addressed to hiring persons with disabilities on its USAJOBS system. OPM makes presentations at a number of conferences where it can promote information about the employment of people with disabilities. OPM will conduct a campaign to disseminate information on the Federal employment of adults with disabilities directed to the HRMC and other stakeholders. The campaign will include presentations at national conferences, memoranda to agency heads, meetings, printed materials, and other tactics for informing the HRMC and other stakeholders about the employment of people with disabilities in the Federal government.

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