information only on official, secure websites. This technical assistance document was issued upon approval of the Chair of the U.S. 2.8. Schedule A is a special appointing authority that agencies can use to non-competitively appoint individuals, including eligible veterans, who have a severe physical, psychiatric, or intellectual disability. Federal Tax Incentives to Encourage the Employment of People with Disabilities and to Promote the Accessibility of Public Accommodations, The Internal Revenue Code includes several provisions aimed at making businesses more accessible to people with disabilities. The September 2018 (end of FY) EHRI Status dataset was used to track participation rates by demographic groups and to track participation in leadership positions. Washington, DC 20507 Agencies are enhancing their interactions with employees to raise accessibility awareness. Job restructuring, modifying work schedules, reassignment to a vacant position; Acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers or interpreters. All people age 16 and older who are civilians (not active-duty military) and are either working or actively looking for work. Retailer Condoned Disability Harassment at West Virginia Store, Punished Employee for Association With Co-Worker, Federal Agency Charges. The Americans with Disabilities Act of 1990, a civil rights law, prohibits employers from discriminating against employees with disabilities. L. 93-112, as amended through Pub. Enayati, H., Von Schrader, S., Erickson, W., & Bruyre, S.M. If an impairment is on the EEOC's list of conditions that are virtually always disabilities, get the diagnosis and move on to making the accommodation. The number of employees selected for a promotion within a fiscal year divided by the number of employees at the end of the previous fiscal year. Although there are clearly annual fluctuations in the voluntary separations inclusion rate, the rate was highest for all three groups in FY 2015; further, that year had the greatest difference between the rates of PWD and persons without disabilities (1.95%), but the rates for PWD and PWTD were closest together that year (a difference of 0.26%). Equal Employment Opportunity Commission (eeoc.gov) (2002), Obtaining and Using Employee Medical Information as Part of Emergency Evacuation Procedures(2001), Small Employers and Reasonable Accommodation(1999), Facts About the Americans with Disabilities Act(1997), The Family and Medical Leave Act, the ADA, and Title VII of the Civil Rights Act of 1964(1995), Facts About Disability-Related Tax Provisions(1994), A Technical Assistance Manual on the Employment Provisions (Title I) of the Americans with Disabilities Act | U.S. The participation of workers with disabilities in the Federal sector both overall and within demographic groups; The employment stages of PWD in the Federal government including hiring, advancement, EEO complaints, and separations; and. Figure 3.8 below shows the percentage responding positively to questions related to employment discrimination by disability status. An employer generally does not have to provide a reasonable accommodation unless an individual with a disability has asked for one. The Equal Employment Opportunity Commission (EEOC) enforces laws that make discrimination illegal in the workplace. You should call the EEOC at 1-800-669-4000 if you think the law may have been violated. They may also experience discrimination that prevents their hiring and advancement, and that may lead to their voluntary or involuntary separation. ) or https:// means youve safely connected to the .gov website. By FY 2018, the Not Identified rate dropped back to 13.29%, but that still is almost double the same figure in FY 2014 (7.11%). Further, sharing resources, such as training and affirmative action plan information, across agencies can improve efficiency. Even with this new law, determining whether disability discrimination has occurred can be complicated. Most questions on the FEVS have respondents select an answer from a five-point scale, either strongly disagree to strongly agree (strongly agree and agree being a positive responses), or very dissatisfied to very satisfied. Bruyre (Ed. A physical or mental impairment that substantially limits one or more major life activities;, Table B-1: Total Workforce Distribution by Disability, Total Workforce: Current FY, Table B-8: New Hires by Type of Appointment Distribution by Disability, Table B-14: Separations by type of Separation Distribution by Disability, Improving Reasonable Accommodations Request Processes. A part of the Rehabilitation Act of 1973 which requires that electronic and information technology developed, procured, maintained, or used by the Federal government be accessible to people with disabilities. information only on official, secure websites. [10] See Appendix B for definitions of voluntary separations and involuntary separations. In addition, many previous studies have omitted the Two or More Races category when studying the intersection of race and disability, but the EEOC found that in the Federal government, people of Two or More Races were most likely to have a disability. Independent agencies large enough to have hired at least 50 new permanent employees in FY 2018 fared slightly better in their hiring of PWTD; still, only half of those independent agencies (50.0%) met the 2% goal. info@eeoc.gov To analyze differences in promotion rates: Table 3.3 and Figure 3.3 display promotion selection rates by disability status. 2.6. (2013). However, the EEOC stepped back from designating a list of conditions that are always disabilities under ADAAA. To better understand why persons with disabilities might be filing complaints of discrimination, the EEOC analyzed FY 2018 Federal Employee Viewpoint Survey data obtained from the Office of Personnel Management. Equal Opportunities for Individuals with Disabilities. The law made a number of significant changes to the definition of "disability" under the Americans with Disabilities Act (ADA). Part 2 of this report begins by displaying the trends of PWD and PWTDs participation rates in the federal workforce, and then examines demographic differences across disability statuses. A status describing whether one has a disability, a targeted disability, no disability, or a Not Identified status (did not disclose their disability or whether they had a disability). Disability-Related Participation Rates by Race/National Origin, FY 2018 (EHRI September 2018 Status Data), Figure 2.5. Future research on disability and race in the general population should consider including the Two or More Races category as this group was the most likely to report having a disability. Q67: How satisfied are you with your opportunity to get a better job in your organization? Refers to whether a new hire is appointed to a permanent, temporary, or non-appropriated position. Federal agencies must aim to have PWTD in at least 2% of positions that are grade GS-11 and above and to have PWD in at least 12% of positions that are grade GS-11 and above. Previous private sector research had similar results. PWDs viewpoints of job appraisals and promotions are more negative than the viewpoints of persons without disabilities. Office of Federal Operations and Office of Field Programs Federal Sector Complement Plan to the Strategic Enforcement Plan. 794(b), concerning the accessibility of agency technology, and the Architectural Barriers Act of 1968 (42 U.S.C. Making existing facilities used by employees readily accessible to and usable by persons with disabilities. In addition, using both MD-715 and EHRI-SDM for workforce data may lead to inconsistent numbers as they cover different federal agencies and reporting may be inconsistent. Ali, M., Schur, L., & Blanck, P. (2011). Participation Rates of PWTD by Sex, FY 2018 (EHRI Status September 2018 Status Data), Figure 2.3. Disability-Related Participation Rates among Veterans and Non-Veterans, FY 2018 (EHRI September 2018 Status Data), Figure 2.4. (including those with employees and applicants for employment who are paid from non-appropriated funds), the United States Postal Service, the Postal Rate Commission, the Tennessee Valley Authority, the Smithsonian Institution, and those units of the judicial branch of the Federal government having positions in the competitive service. [3] FY 2018 MD-715 Reports Table B-1, Total Workforce: Current FY. Disability-based complaints and settlements increased from FY 2014 to FY 2018. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. Thus, according to the main FY 2018 Annual Report on the Federal Workforce, there are fewer complaints alleging the issue of reasonable accommodation disability than the sum of physical disability-based complaints alleging reasonable accommodation and mental disability-based complaints alleging reasonable accommodation listed above. A lock ( Under the ADAAA, the focus for establishing coverage is on how a person has been treated because of a physical or mental impairment (that is not transitory and minor), rather than on what an employer may have believed about the nature of the person's impairment. These increases were smaller than the increase in the number of complaints filed alleging physical disability-based discrimination. (2016). PWD also were 6.4% less likely to think their performance appraisals were fair reflections of their performance (66.4% vs. 72.8%). Reasonable accommodations are adjustments or modifications provided by an employer to enable people with disabilities to enjoy equal employment opportunities. Online application systems that are inaccessible to PWD; Medical questionnaires for screening job applicants that disproportionately impact PWD; Qualification standards and inflexible leave policies that discriminate against PWD; Systemic harassment, including harassment based on disability. Share sensitive However, persons with their disability status not identified had the highest promotion selection rate in FY 2018 (0.164 promotions per employee). Counselings Settled - Physical Disability. As seen in Figure 2.4, across Race/National Origin (RNO) groups in the Federal government, disability status participation rates varied. The list of disabilities covered under American with Disabilities Act (ADA) refers to all the disabilities for which an employee is protected from discrimination by employers. Despite being less likely to hold leadership positions, PWD and PWTD were promoted at a rate similar to what would be expected based on their participation rate. For example, for the voluntary separations inclusion rate for PWD, the following equation was used: PWD Voluntary Separations Inclusion Rate =. https://www.opm.gov/forms/pdf_fill/sf256.pdf. 2.1. When federal agencies conduct barrier analyses, a trigger is identified when the separations inclusion rate of PWD or PWTD is greater than that of the rest of the permanent workforce in their agencies. https://www.govinfo.gov/content/pkg/USCODE-2018-title29/html/USCODE-2018-title29-chap16.htm. 1-800-669-6820 (TTY) See Figure 3.4. Federal Employee Viewpoint Survey About. 2.5. Of those with a disability, 46,383 (1.69% of the total workforce) had a targeted disability. Hiring managers then do not have to post and publicize the position, and the applicant does not have to go through the certificate process. While 0.75% of the workforce is CSRA Management Officials, 0.83% of PWTD are CSRA Management Officials. Data from Form 462 was used to measure disability-based discrimination complaints in the Federal sector in Part 3 of this report. One step towards meeting the participation rate goals is increasing the hiring of PWD and PWTD. This technical assistance document was issued upon approval of the Chair of the U.S. This data comes from FY 2018 certified MD-715 reports for departments, subcomponents, or independent agencies that made at least 50 new permanent hires that year. Depending on an agencys total workforce size, it may have had to complete and submit to the EEOC more or fewer workforce tables. Percent Responding Positively to FY 2018 FEVS Items Related to Appraisals and Promotions by Disability Status, Figure 3.5. This document is intended only to provide clarity to the public regarding existing requirements under the law or agency policies. Lack of accessibility can bar PWD from performing their best and affect advancement opportunities, potentially resulting in PWD leaving. For Deaf/Hard of Hearing callers: Within Disability Status Participation Rate. Briefing leaders at all levels on the importance of 508 compliance. The same does not hold for hiring PWD overall. Thus, workforce data from MD-715 in this report exclude data from intelligence agencies. (Employers should check with their accountants or tax advisors to determine eligibility for these incentives or visit the Internal Revenue Service's website, www.irs.gov, for more information. Not all demographic groups have the same participation rates as the overall rate for PWD. ), Employment and Disability: Issues, Innovations, and Opportunities (pp. The promotion selection rates of PWTD, PWD, and persons with no disabilities, were like the governmentwide rate. 1-800-669-6820 (TTY) Part 2 - The Participation of Workers with Disabilities in the Federal Sector, Participation Rates by Sex and Type of Targeted Disability, Participation Rates by Disability Status and Veteran Status, Participation Rates by Disability Status Across Race/National Origin Groups, Participation Rates by Disability Status Across Age Groups, Part 3 - The Employment Stages of Persons with Disabilities in the Federal Sector, Permanent Hiring Trends by Disability Status, Agencies Meeting Permanent New Hires Goals, The Top Five Issues Alleged in Disability-Based Complaints in FY 2018, Disability-Based Complaints Filed from FY 2014 through FY 2018, Disability-Based Counseling and Complaint Settlements from FY 2014 through FY 2018, Disability-Based Findings of Discrimination from FY 2014 through FY 2018, Climate Survey Data Related to Disability-Based Discrimination, Part 4 - Improving Accessibility for Persons with Disabilities in Federal Workplaces. 93-112. https://www2.ed.gov/policy/speced/reg/narrative.html. Definition of Disability - AskJAN.org The ADA covers employers with 15 or more employees, including state and local governments. The final regulations differ from the NPRM in a number of ways. A .gov website belongs to an official government organization in the United States. That same year, 2,479 formal EEO complaints, or 15.0% of Federal sector complaints, alleged discrimination based on mental disability, making it the sixth most common basis of discrimination. https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title29/29cfr1614_main_02.tpl. Application portals must be accessible to ensure PWD have the opportunity to be hired. Top Five Issues Alleged in Disability-Based Complaints, FY 2018 (Form 462), Figure 2.1. When reporting results from this data source, EEOC combined the satisfied and very satisfied response rates or the agree and strongly agree response rates to report the percent responding positively. Ithaca, NY: Cornell University, School of Industrial and Labor Relations Extension Division, Program on Employment and Disability. EEOC examined FEVS data to better understand employees perceptions of appraisals and promotions. A decision made by the agency after a complaint has been made with one of the following outcomes: 1) Dismissal of the complaint for a procedural reason (e.g., the claim was filed too late); 2) Finding no discrimination; or 3) Finding discrimination. An employer is not required to lower quality or production standards to make an accommodation; nor is an employer obligated to provide personal use items such as glasses or hearing aids. U.S. Office of Personnel Management. In FY 2018, the number of complaints filed alleging discrimination based on physical disability (4,666) was 22.2% greater than it was in FY 2014. Leader positions, which are described as under a wage system or leads a team performing one-grade interval work,[7] have less authority and lower pay than most other leadership positions, but at least within their workgroups, they have some level of authority, which provides opportunities for further advancement. Also referred to as Reportable Disability. See Disability and Targeted Disability. Federal Sector Hiring Rate and Participation Rate by Disability Status (FY 2018 MD-715 Tables B-8 and B-1, All Types of Appointment), Table 3.2. Counselings and Complaints Settled Alleging Disability-Based Discrimination, FY 2014-FY 2018 (Form 462), Figure 3.7. Notably, 72.3% of persons who did not report having a disability believed that their agency did not tolerate prohibited personnel practices, such as discrimination; the same figure for PWD was only 61.2% for a difference of 11.1%. 3.2. For Deaf/Hard of Hearing callers: 2.7. 1.6. Agencies must ensure that their training and leadership development programs are inclusive of all sectors of the workforce to ensure equal opportunities to achieve leadership status. 11495, Enacted December 10, 2015]. Where more than one accommodation would work, the employer may choose the one that is less costly or that is easier to provide. Notably, the number of findings increased for mental disability-based complaints but decreased for physical disability-based complaints during this period. By including workers with disabilities, the Federal government empowers PWD in American society. Small Business Tax Credit (Internal Revenue Code Section 44: Disabled Access Credit), Work Opportunity Tax Credit (Internal Revenue Code Section 51). It further reinforces an agencys commitment to upholding disability rights. Just as physical disability-based complaints outnumbered mental disability-based complaints, there were more findings based on physical disability than based on mental disability. Federal Agency Annual EEO Program Status Reports (MD-715 Reports); Annual Federal Equal Employment Opportunity Statistical Reports of Discrimination Complaints (EEOC Form 462); Enterprise Human Resources Integration Statistical Data Mart (EHRI-SDM) from OPM; and. Figure 3.6 below shows that counseling settlements alleging physical disability-based discrimination increased slightly between FY 2014 and FY 2016 but dropped between FY 2016 and FY 2018 to 1,177 settlements in FY 2018. 1-844-234-5122 (ASL Video Phone) Disability-Related Participation Rates Across Age Group, FY 2018 (EHRI September 2018 Status Data), Figure 3.1. Washington, DC 20507 Includes information about tax incentives related to hiring individuals with disabilities, providing reasonable accommodations, and ensuring accessibility for individuals with disabilities. The ADA's nondiscrimination standards also apply to federal sector employees under section 501 of the Rehabilitation Act, as amended, and its implementing rules. No less than 12% of employees at the GS-11 level. PWD are more than twice as likely to live below the poverty line (Rehabilitation Research and Training Center on Disability Statistics and Demographics, 2020). This may be because of differences in promotions rates in previous years favoring persons with no disabilities, different leadership external hiring patterns, or differences in leadership retention by disability status. Among permanent hires, the Federal government exceeded its 2% goal for hiring of PWTD (2.36% of permanent appointments), but agencies failed to meet the 12% goal for PWD (11.20%). For example: The Commission has released two Question-and-Answer documents about the regulations to aid the public and employers including small business in understanding the law and new regulations. For the workforce data, where certified data from the parent agency was available, data from the parent agencys report was used. EEOC Form 462, formally known as the Annual Federal Equal Employment Opportunity Statistical Report of Discrimination Complaints, is completed annually by federal departments and agencies covered by EEOC regulation 29 C.F.R. Overview of the Disability Laws that the EEOC enforces. 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