[blindLaw] Feds Propose Changes to Disability Employment Rules - Disability Scoop - March 15, 2021

[vaughnlbrown87 at gmail.com]

Thank you for sharing. I am working on a thesis for grad school regarding
how the ADA has failed to improve work opportunities. I'll dig deeper into
these proposals as a source.

Kindly,

Vaughn

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From: BlindLaw <blindlaw-bounces at nfbnet.org> On Behalf Of Nightingale, Noel
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Sent: Tuesday, March 16, 2021 1:13 PM
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Cc: Nightingale, Noel <Noel.Nightingale at ed.gov>
Subject: [blindLaw] Feds Propose Changes to Disability Employment Rules -
Disability Scoop - March 15, 2021

In case anyone on this list is interested in this.

https://www.disabilityscoop.com/2021/03/15/feds-propose-changes-to-disabilit
y-employment-rules/29240/
Feds Propose Changes to Disability Employment Rules
By Michelle Diament
Disability Scoop
March 15, 2021

The Biden administration is reconsidering what should qualify as competitive
integrated employment for people with disabilities.
The U.S. Department of Education said it plans to update a 2017 frequently
asked questions document that serves as guidance for the vocational
rehabilitation program and the agency is soliciting public comment on its
proposal.
Under federal law, people with disabilities participating in vocational
rehabilitation must be given the opportunity to obtain competitive
integrated employment. The guidance in question addresses what counts.
The Education Department indicated that the update comes in response to
requests for more clarification, particularly related to the location where
work is conducted, and it represents the culmination of three years of
meetings with stakeholders.
Per the new proposal, individuals with disabilities would have to earn at
least minimum wage and work in the community in a setting where they
interact with people without disabilities to the same extent that
typically-developing employees do in order for work to qualify as
competitive integrated employment. What's more, employees with disabilities
must have similar opportunities for advancement as employees without
disabilities who have comparable positions.
Self-employment and telework opportunities can meet the criteria, the
document indicates. And, group employment settings like janitorial and
landscaping crews should be evaluated on a case-by-case basis.
However, the proposed guidance is clear that individuals with disabilities
are not required to participate in competitive integrated employment and can
choose to work in other settings.
"We encourage state VR agencies to continue to work with employers and other
community partners to create employment opportunities that meet all criteria
in the definition of 'competitive integrated employment,' including the
criterion for an integrated employment location," the document states.
"Nevertheless, we recognize some VR program participants, represented by
family members or others as appropriate, may choose to pursue work that does
not meet the definition of 'competitive integrated employment,' such as
those work opportunities that pay subminimum wage or are not integrated in a
manner consistent with the definition."
The Education Department is accepting comments on the guidance through April
8.


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