[blindLaw] Feds Update Rules For Disability Employment - Disability Scoop - November 4, 2021

[vaughnlbrown87 at gmail.com]

Thank you for sharing. It has been shared with others.
Vaughn
-----Original Message-----
From: BlindLaw <blindlaw-bounces at nfbnet.org> On Behalf Of Nightingale, Noel
via BlindLaw
Sent: Monday, November 15, 2021 12:07 PM
To: rehab at nfbnet.org; nfbwatlk at nfbnet.org; blindlaw at nfbnet.org
Cc: Nightingale, Noel <Noel.Nightingale at ed.gov>
Subject: [blindLaw] Feds Update Rules For Disability Employment - Disability
Scoop - November 4, 2021


https://www.disabilityscoop.com/2021/11/04/feds-update-rules-for-disability-
employment/29580/
Feds Update Rules For Disability Employment
By Michelle Diament
Disability Scoop
November 4, 2021

New federal guidance is spelling out what qualifies as competitive
integrated employment for people with disabilities.
The U.S. Department of Education issued an updated frequently asked
questions document late last month that serves as guidance for the
vocational rehabilitation program. The new information replaces guidance
from 2017, the agency said.
Federal law requires that individuals with disabilities receiving services
through vocational rehabilitation must be provided the opportunity to obtain
competitive integrated employment.
For a job to qualify under that standard, the guidance indicates that an
employee with a disability must be paid at least minimum wage and
compensated on par with workers without disabilities doing the same jobs. In
addition, the position must be one that is "typically found in the
community" where employees with disabilities interact with people without
disabilities to the same extent as other workers. And, the job must offer
opportunities for advancement much like those available to people without
disabilities doing similar jobs.
The updated guidance is the culmination of three years of meetings with
stakeholders, the Education Department said. Most of the questions the
agency received related to the location where work is performed. Though the
guidance offers clarity on this point, officials noted that the Education
Department's interpretation has been in place since the mid-1990s.
Vocational rehabilitation agencies should evaluate jobs on a case-by-case
basis to assess whether they are "typically found in the community," the
document states. But, in order to satisfy that threshold, a position should
be open to anyone who's qualified no matter their disability status.
Similarly, case-specific evaluation should be made to determine if a job
offers an appropriate level of interaction with people without disabilities.
Telework, freelance and flexible work opportunities may satisfy this
requirement since the guidance says that interaction does not have to be
face-to-face.
Self-employment counts as competitive integrated employment as well, the
document indicates.
Group settings like janitorial or landscaping crews may also be considered
competitive integrated employment if they meet the requirements outlined.
But, positions through the AbilityOne Program and other situations where
individuals with disabilities are hired to "comply with a direct labor-hour
ratio of individuals with disabilities required by federal law" likely would
not qualify.
People with disabilities do not have to choose competitive integrated
employment, the Education Department said, but that is the only route
supported by the vocational rehabilitation program.
"We emphasize that, while there are a variety of employment types currently
available for individuals with disabilities to choose from based on their
individual preferences, only 'competitive integrated employment' and
supported employment are allowable employment outcomes for purposes of the
VR program," the guidance states.
If individuals choose to pursue work that does not meet the criteria for
competitive integrated employment, vocational rehabilitation agencies should
refer them to appropriate community resources, according to the frequently
asked questions document.


_______________________________________________
BlindLaw mailing list
BlindLaw at nfbnet.org
http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org
To unsubscribe, change your list options or get your account info for
BlindLaw:
http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/vaughnlbrown87%40gmail
.com