[blindlaw] binders = Schedule A? (a nonpartisan question)

Ronza Othman rothmanjd at gmail.com
Sun Oct 21 13:32:21 UTC 2012 

Aser,

Great post.  Thank you.  While it is true that Schedule A is actually a
broader hiring authority than simply for individuals with disabilities,
individuals with disabilities are given greater preference than anyone else
hired under that authority, for the mostpart.  The federal government has
set aside several hiring authorities for various groups of individuals, for
example political appointees, students, interns, etc.  Attorneys who
represent the government are members of what is called the "accepted
service" - which means they don't have the same sort of protections as other
federal employees.  The logic behind that is that Congress wanted to allow
whichever political party in power to be able to ensure that "its lawyers"
are capable, ideologically and otherwise, to defend that party's policies.
Thus lawyers can be hired using Schedule A - but not the same Schedule A as
individuals with disabilities.  Attorneys still often have to compete for
the position with other attorneys.  Schedule A for people with disabilities
(subsection u of the provision) lets someone with a disability basically
bypass any of the other hiring processes.

The program works, I promise.  But as I said previously, it's only as
effective as the individuals administering it.

Regards,
Ronza


-----Original Message-----
From: blindlaw [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Aser
Tolentino
Sent: Friday, October 19, 2012 6:47 PM
To: Blind Law Mailing List
Subject: Re: [blindlaw] binders = Schedule A? (a nonpartisan question)

Hello,
The problem specific to people on the list, as I understand it, is that
disability is a grounds for rather than the sole basis of Schedule A
appointment. More to the point, another reason to use Schedule A
appointments is special requirements of a position, which happens to include
all attorney positions. The Office of Personnel Management is forbidden by
law from creating standards for rating attorneys and thus must fill all
attorney positions by Schedule A non-competitive appointment. This would
seem to render the typical incentive for the hiring authority, the added
flexibility of faster appointment than the typical federal hiring process if
you pick someone with a disability, rather moot. If I were a cynical person,
I'd say that identifying yourself as a person with a disability by routing
an application through a Schedule A coordinator in addition to following the
regular process might be the worst thing you could do, assuming that
disability is indeed a net negative without an incentive for the hiring
authority as a counterweight, which I think is the whole point of the
program.
If on the other hand, one believes federal agencies are sincere in their
desire to fulfill their diversity mandates, than Schedule A remains a
powerful tool for identifying qualified people with disabilities. I have had
a fair amount of success working with Schedule A coordinators. The problem
as I've said is that the end result is not a hiring authority jumping at the
opportunity to hire me, since anyone they pick will be a Schedule A hire.
That's all based on things that I've been told or rooted out while poking
around online as just another person looking for a job. I'd be happy to
learn I was mistaken in my understanding of Schedule A as applies to persons
with disabilities.
Aser Tolentino

P.S. Thanks Ross for the job postings, I've acted on several in recent
weeks.

On Oct 19, 2012, at 2:38 PM, Patti Chang <pattichang at att.net> wrote:

> I do know of several.
> 
> p.s. give to our annual appeal by sending to NFBI c/o glenn Moore po box
1065 Elgin, IL 60121.
> 
> Patti S. Gregory-Chang
> NFBI President
> NFB, Scholarship Committee Chair
> Sent from my iPhone
> 
> On Oct 19, 2012, at 1:44 PM, "William T. Miller"
<william_t_miller at hotmail.com> wrote:
> 
>> Sounds familiar. I don't feel entitled to noncompetitive status, but 
>> please spare me the dangling carrot. I'm curious to know if anyone on 
>> the list is aware of any Schedule A success stories -- I'd love to 
>> find out that my skepticism regarding the program is unwarranted.
>> 
>> Will Miller
>> 
>> 
>> -----Original Message-----
>> From: Alcidonis Law Office [mailto:attorney at alcidonislaw.com]
>> Sent: Friday, October 19, 2012 12:13 AM
>> To: Blind Law Mailing List
>> Subject: Re: [blindlaw] binders = Schedule A? (a nonpartisan 
>> question)
>> 
>> As I said, it is just a joke. Long ago I stopped wasting my time with 
>> so-called schedule A coordinators. One of them pretty much admitted to
me:
>> "I don't think I am still the coordinator though." Really? And your 
>> name is on the government's website?
>> 
>> I also don't see what the heck they are coordinating if they have 
>> applicants
>> 
>> send resume to their attentions and the applicant just never receives 
>> even an acknowledgement of receipt.
>> 
>> 
>> Rod
>> 
>> -----Original Message-----
>> From: Deepa Goraya
>> Sent: Thursday, October 18, 2012 11:49 PM
>> To: 'Blind Law Mailing List'
>> Subject: Re: [blindlaw] binders = Schedule A? (a nonpartisan 
>> question)
>> 
>> Many Schedule A coordinators don't even return calls or emails. I 
>> have tried contacting some of them.
>> 
>> -----Original Message-----
>> From: blindlaw [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of 
>> Alcidonis Law Office
>> Sent: Thursday, October 18, 2012 4:25 PM
>> To: Blind Law Mailing List
>> Subject: Re: [blindlaw] binders = Schedule A? (a nonpartisan 
>> question)
>> 
>> Some of the schedule A coordinators don't even know they hold that title.
>> The whole thing is a joke.
>> 
>> 
>> Rod
>> -----Original Message-----
>> From: Angie Matney
>> Sent: Thursday, October 18, 2012 5:41 PM
>> To: Blind Law Mailing List
>> Subject: Re: [blindlaw] binders = Schedule A? (a nonpartisan 
>> question)
>> 
>> Hello Will:
>> 
>> Jobs filled through schedule a do not have to be (but may be) 
>> advertized. I guess you could contact the agency you're interested in 
>> and see if there are openings. This page has more information:
>> 
>> http://www.opm.gov/disability/mngr_3-13.asp
>> 
>> I don't know how well this theoretically great program works in practice.
>> 
>> Angie
>> 
>> 
>> 
>> On 10/18/12, Daniel McBride <dlmlaw at sbcglobal.net> wrote:
>>> Will:
>>> 
>>> Not only do I find the Schedule A Federal program somewhat suspect, 
>>> I am curious about the complete absence of Schedule A type programs 
>>> at the state and local levels.
>>> 
>>> I have been practicing criminal law for 29 years; 3 years as a 
>>> prosecutor and the remainder in defense.  The local DA's office is 
>>> quite familiar with me and my abilities.  However, my efforts to 
>>> gain employment with them do not receive the time of day.  I have no 
>>> doubt but that their stated EEOC policy is mere form lacking any
substance.
>>> 
>>> I cannot agree more with the posts entered since Ross' apology.
>>> 
>>> Dan McBride, Attorney
>>> Fort Worth, Texas
>>> 
>>> -----Original Message-----
>>> From: blindlaw [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of 
>>> William T.
>>> Miller
>>> Sent: Thursday, October 18, 2012 1:41 PM
>>> To: 'Blind Law Mailing List'
>>> Subject: [blindlaw] binders = Schedule A? (a nonpartisan question)
>>> 
>>> Theoretically there is a process similar to the "binders" mentioned 
>>> in the last presidential debate: Schedule A. I'm curious if this 
>>> list feels that schedule A is an effective process? My understanding 
>>> of Schedule A is that disabled candidates for federal positions can 
>>> post for jobs before they are posted publicly and, if qualified, the 
>>> hiring manager may hire them noncompetitively. However, I don't 
>>> understand how disabled job candidates are supposed to know of 
>>> potential jobs before they are posted to the public.
>>> If disabled candidates have no way of knowing what Schedule A 
>>> opportunities exists, then how can he or she take advantage of the 
>>> program? I'm definitely no expert on this topic, so if anyone on the 
>>> list can correct me and explain how one applies for a specific 
>>> position as a Schedule A candidate, please enlighten me.
>>> Thank you,
>>> 
>>> Will Miller
>>> -----Original Message-----
>>> From: Daniel K. Beitz [mailto:dbeitz at wiennergould.com]
>>> Sent: Thursday, October 18, 2012 12:54 PM
>>> To: 'Blind Law Mailing List'
>>> Subject: Re: [blindlaw] "Question" Posting
>>> 
>>> I didn't see anything wrong with the post.
>>> 
>>> -------------------------------------------
>>> Daniel K. Beitz
>>> Wienner & Gould, P.C.
>>> 950 University Dr., Ste. 350
>>> Rochester, MI  48307
>>> Phone:  (248) 841-9405
>>> Fax:  (248) 652-2729
>>> dbeitz at wiennergould.com
>>> This email transmission and any documents, files or previous email 
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841-9400.
>>> 
>>> -----Original Message-----
>>> From: blindlaw [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of 
>>> Ross Doerr
>>> Sent: Thursday, October 18, 2012 12:45 PM
>>> To: NFBnet Blind Law Mailing List
>>> Subject: [blindlaw] "Question" Posting
>>> 
>>> Hello List:
>>> 
>>> I am the one who posted the "question" about why disabled job 
>>> seekers aren't being asked for binders full of their resumes to get 
>>> more of "us" into the workplace. It was my blatant reference to a 
>>> comment made during the presidential debate.
>>> 
>>> In view of the on list and off list reprimands I have received about 
>>> the posting, I feel that I should go onto the list and apologize for 
>>> posting what is, as it has been pointed out to me repeatedly, an off 
>>> topic message.
>>> 
>>> I had thought that, in view of the underlying unemployment  issues 
>>> that face those of us on the list, and those of us who regularly 
>>> post job listings, such as myself and Noel Nightengale, that an idea 
>>> to improve the employment situation would be net with some positive 
>>> thought provocation.
>>> 
>>> Since I was wrong, I apologize to the list as a whole for my off 
>>> topic posting. It will not happen again.
>>> 
>>> Ross A. Doerr Attorney at law
>>> 
>>> 
>>> 
>>> 
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