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Elements of an Inclusive Workforce Development System

Thursday, February 15th, 2018

The following excerpt is from remarks delivered by Ms. Foster at a national Equal Opportunity Conference in Washington, DC:

It is a privilege for me to be here today, and this has been such an impressive line-up of civil rights experts.

The importance of you and the equal opportunity work you perform in the field of workforce development at this pivotal time in our country’s history cannot be overstated. If we hope to have a stronger, more stable economy at the national level, it must start with you at the local level.

Underlying everything we do in the field of equal opportunity is the concept that we don’t leave segments of our population behind to dead end. We want to help folks in our communities get jobs, or get better jobs. We want to find a way for all members of our community to engage and be productive, contributing citizens.

The vast majority of us and vast majority of the citizens in our communities are not independently wealthy. So, if we aren’t working, we aren’t earning money. And, if we aren’t earning money, we aren’t able to put a roof over our heads, food on the table, or clothes on our backs. And, where does that lead? Logically, it leads to increased demand on our safety net programs—homeless shelters or public housing, food stamps, free medical care, the list goes on.

No one has ever been able to explain to me how a stronger, more stable economy is built on leaving segments of a community behind in our workforce development programs whether it is women, minorities, limited English proficient persons, persons with disabilities, folks of a certain age, Veterans, or folks of certain religious beliefs.

Getting systems in place to move all of our populations forward, and training staff on the use of these systems, is where we need to spend a little time and thought as equal opportunity professionals. Not every customer is going to move along the same track, or at the same pace. The point is to get them moving as opposed to setting them off to the side.

As you work to develop inclusive workforce development systems, keep in mind these four core elements—communication, access, integration, and individualized treatment—must be front and center in your planning. Every speaker here today has addressed one or more of these elements. And, I am going to briefly describe each of these elements, and why they are important.

Communication

Communication takes two forms. First, is the one most of us think of immediately; that is, being able to understand what a customer is saying, and ensuring the customer understands us. So, if establishing that baseline communication with our customer means using a sign language interpreter, captioning, or a language line, than that is what needs to happen.

Now, the next level of communication involves “notice.” Notice to the public of what programs we have to offer, notice about how to access our programs, and notice that we operate these programs in compliance with the nondiscrimination and equal opportunity mandates of WIOA Section 188. Providing notice includes prominently displaying that “Equal Opportunity Is the Law” notice wherever we do business, and publishing our discrimination complaint procedures and forms.

On the other end of things, notice also includes making sure employers, to the extent they use screening tools like e-Verify or criminal background checks, give notice of any disqualifying adverse information to the potential applicant and allow the applicant an opportunity to explain or dispute it.

So, an inclusive workforce development program means we are able to communicate with our customers, and we convey important notices to them about their rights and our obligations under the nondiscrimination and equal opportunity provisions of WIOA Section 188.

Access

Access is another core element of an inclusive program. Access means folks have access to apply for, or participate in, our programs or activities. And, denial of access can take a variety of shapes.

One example is holding a training course on the first floor of a building, but folks have to get up the two steps at the entrance to the building. Without a ramp, some folks with mobility disabilities, who qualify to take this course, would be denied access to participate.

Another example of denial of access is one that I came across when I visited a particular locality to conduct training. The job referral counselor at the center would not even consider women for construction-related training or apprenticeship programs in welding, carpentry, masonry, and so on. Here, women who met the essential eligibility requirements for such training were denied access to even to apply for these programs.

And, access is a rising issue as we move forward with more internet-based application and enrollment processes. We are at the very beginning of what I describe as the incoming technology tsunami. The harnessing and use of various technologies on the market will undoubtedly strengthen many aspects of our workforce development programs and activities by building in efficiencies at a greater savings of staffing and money resources.

We’ve already seen the use of technology increase exponentially in the processing of unemployment insurance claims. And, the use of technology is growing in other areas such as computerized matching of a customer’s skills to available jobs in the market.

While these advances work for the vast majority of our populations, certain segments of our community’s population will be left behind. Persons with certain disabilities, and folks who are not able to read or write English very well could be denied access to programs for which they would otherwise be qualified.

I’ve heard some folks ask, why should we build systems around the exceptions? These folks need to come into the 21st Century.

Keep in mind, there is room in this country for all of us. Not every job out there requires an IT background, or access to the Internet. Not every job requires the ability to read, write, or speak English. Landscapers, cleaners, movers, certain construction trades, and caregivers are some examples of occupations that may not require IT savvy, access to the internet, or the ability to speak or understand English.

And, you’ve got some folks who are IT-savvy and understand English but, for example, they have a disability and need some type of auxiliary aid or service to navigate the internet application process.

The key here is to figure out what safety valves can be put in place in your particular community to ensure these populations aren’t left out. And, I think this is an excellent opportunity for the kinds of civil rights experts we’ve heard from today to establish a working group that includes folks like you and other interested stakeholders to work collaboratively to come up with some “best practices,” develop low or no cost resources, and generate ideas for resource-sharing and partnerships in our communities, to get these safety valves in place.

Integration

Beyond communication and access, we have the element of integration.

Decades ago, “Separate but Equal” was considered an acceptable way of doing business—whites could go to certain schools, blacks could go to other schools. Wisdom prevailed and we learned as a society that it is not healthy to divide ourselves by the color of our skin. Each of us has value beyond these surface qualities.

Unfortunately, the “Separate but Equal” concept is still with us, but it has morphed into other areas.

I’ll give you an example.

Too often, our workforce development programs are designed to channel persons with disabilities into separate tracks out of the gate. Regardless of the disability, or what the customer would like to do, we channel the customer to a single person at the center, or to rehabilitative services.

Earlier this year, I was asked to conduct training at a particular locality and visited one of its centers to gather a better understanding of how that locality operated its workforce development programs. The center had four job referral counselors. However, any person with a disability, regardless of the disability, would be referred to the one counselor designated as the “disability job referral counselor.” And, if that counselor was in a meeting, out of the office, or otherwise unavailable, the person with a disability had to make an appointment to come back another day.

On this particular day, a customer who was deaf came in and handed the greeter a resume and a card asking for sign language interpreter services so he could meet with a job referral counselor.

The “disability job referral counselor” at the center was out on vacation, one other counselor had a customer in her office, and two counselors were available.

At first, the center manager was going to ask the gentleman to reschedule a time the following week when the disability job referral counselor returned from vacation.

But, after a little discussion, the center manager called for a sign language interpreter who would arrive in the next 30 to 40 minutes. And, the manager had one of the available counselors at the center call the relay line in the meantime to get the process started.

As an aside, I’ll tell you that the customer on this particular day was a CPA and had advanced degrees in accounting as well as executive level accounting experience for a large company. He had relocated because of his wife’s change of jobs, and wanted assistance finding a job in his new community.

Here, the center provided assistance to him on the day he came, and did not ask that he make an appointment to come back in one or two weeks when the “disability job referral counselor” returned from vacation.

So, offering integrated services means here that each counselor should be able to take each customer in order, without regard to whether the person has a disability, is limited English proficient, is a Veteran, is a woman, and so on.

Individualized treatment

Finally, in addition to communication, access, and integration, our systems need to be designed provide individualized treatment.

The purpose of our workforce development programs is to move folks from unemployment to employment, or to transition folks from certain jobs to better jobs.

If someone comes to one of your centers directly, or comes through the unemployment insurance portal, individualized treatment requires that we start with that individual’s baseline.

What does this mean? It means we take an individual as we find him or her and work from there. We ask the customer, what skills, education, interests, and talents do you bring to the table?

At the other end of the spectrum, we take a look around to see what jobs are in our community and the skills and education required for those jobs. If we find a match, we make a referral.

If we don’t find a match, we look to bridge the gap. The first step across the bridge for some customers may be the local community college to obtain a certification, diploma, or degree. For others, the first step may be attending English as a Second Language classes.

But, keep in mind that not everyone is cut out for these types of educational pursuits. We don’t have to force all of our customers into the school or college pipeline for workforce development.

We’ve got other pipelines. Apprenticeships to learn a trade, on-the-job training, and licensing programs are some examples.

Keep in mind, folks don’t come to us out of nowhere—they have histories, they have skills, they have interests. Our job is to figure out what they bring to the table in terms of skills, education, and experience, and what workforce development pipelines would be suitable given their background and interests. And, if figuring out what someone brings to the table requires the use of a language line, captioning, or sign language interpreter services, then make sure that happens.

At the end of the day, our systems should be inclusive.

Inclusive systems will afford women access to opportunities in nontraditional fields. Inclusive systems mean we won’t skip over persons with disabilities, or persons who are limited English proficient, because we don’t know what to do with them, or because it takes a little extra time to get a sign language interpreter or connect to the language line.

Inclusive systems mean we’ll encourage employers focus first and foremost on an applicant’s qualifications, push the use of screening tools like criminal background checks and e-Verify, for example, as far back in the process as possible. And, we’ll stress the importance of employers giving an applicant the opportunity to explain, challenge, or clear-up any adverse results that surface through the use of these screening tools.

In the delivery of inclusive workforce development activities and programs, the elements of communication, access, integration, and individualized treatment are present.

From unemployment insurance to on-the-job training to resume writing assistance to job referrals to referrals for an apprenticeship program to counseling and many others, the key is to ensure all members of our population know about the programs, and have access to the programs. Make sure we are serving folks in as integrated a setting as possible, not placing folks off to the side because we don’t know what to do with them. And, we give folks individualized treatment to ensure their success.

At the end of the day, if a customer meets the essential eligibility requirements for a workforce development program or activity, then the customer must be allowed to enroll, apply, and participate.

Thank you for your time, and I wish you every success in the important work you do.

Discrimination Complaint Investigations: Focus on Controlling the Process, Not the Parties by Seena Foster

Thursday, January 25th, 2018

When a discrimination complaint is filed in a government program, or in the workplace, there are concerns regarding confidentiality, retaliation, and the threat of harm to public or professional reputations. The advent of electronic mail and a myriad of social media sites compound the complexity of these concerns. The bottom line is, you will not be able to control the actions of the parties to a discrimination complaint but, as an investigator, you can control your own actions as well as the investigative process. In this paper, we’ll discuss when and to whom you give notice of a discrimination complaint and how to maintain control over the investigative process.

For federally funded programs or activities, a discrimination complaint is filed by a Charging Party alleging denial of benefits, services, aid, or training by the Respondent on a prohibited basis (i.e. race, color, national origin, age, gender, disability, and so on). The Charging Party (CP) is a beneficiary, or potential beneficiary, of a federally funded program. The Respondents are the (1) agency or other entity operating the program, and (2) the employee acting on behalf of the agency or entity.

One example of discrimination in a government program is where a college professor gives one of his students a higher grade in exchange for sex. The student (CP) files a quid pro quo sexual harassment complaint against the college and its professor (Respondents). Another example is where the unemployment insurance counselor at a one stop career center refuses to assist persons with hearing impairments because it takes too much time. Here, the persons with hearing impairments (CPs) file a disability-based discrimination complaint against the unemployment insurance counselor and the one stop career center (Respondents).

An example of a workplace discrimination complaint is where a supervisor gives a black subordinate an adverse performance appraisal. The employee (Complainant) would file a color-based discrimination complaint against the supervisor (Respondent).

√ Determining jurisdiction

The first step for any investigator when s/he receives a discrimination complaint is determining jurisdiction. Is there authority to investigate a particular complaint? Here, the investigator is looking at things such as timeliness, apparent merit, protected class characteristics, and so on.

At this initial stage, the investigator is not determining whether the allegations are true; rather, s/he is merely figuring out whether the complaint meets certain basic jurisdictional requirements. Most often, this stage of the investigation involves communicating only with the CP or Complainant. Because the complaint has not officially been accepted for investigation, there is no need to notify the named Respondents of the complaint at this time.

Moreover, generally, if the investigator finds that s/he is without jurisdiction to investigate a complaint (i.e. it is untimely, lacks apparent merit, and the like), then written notice of that fact must be provided to the CP or Complainant, but it may not be necessary to provide the named Respondents with such notice. Check with the civil rights office of your federal funding agency for requirements applicable to you.

√ Accepting the complaint

If the investigator concludes that s/he has jurisdiction over the complaint and will accept it for investigation, then all parties to the complaint must receive notice of what is being investigated and must have an opportunity to respond to the notice.

For a complaint involving a federally funded program or activity, this notice generally is provided to the CP, and the named Respondents. Some federal funding agencies also may request notice that you’ve accepted a complaint. In a workplace complaint, the Complainant is provided notice as well as the Respondent, who may be a supervisor, manager, co-worker, contractor, or the like.

And, in complaints involving harassment or hostile environment, higher-ranking officials in the chain of command may need to be served with the notice.

√ Why do both parties need to know?

Providing notice to both parties that you have accepted a discrimination complaint for investigation is required because each party needs to be allowed to present evidence. Most discrimination complaints arise under the disparate treatment legal theory. Here, the CP or Complainant must demonstrate a prima facie case that discrimination occurred by a preponderance of the evidence; that is, it is more likely than not that prohibited discrimination occurred. Then the burden shifts to the Respondents to present legitimate, nondiscriminatory reasons for their conduct. Finally, the burden shifts back to the CP or Complainant to demonstrate that the Respondents proffered reasons are pretextual.

Therefore, both sides of the dispute will need to participate in the investigative process.

√ The conduct of the investigation

At this point, both sides of the dispute are aware of the investigation. You will not have control over whether a party or witness talks, e-mails, or tweets about the complaint. And, an investigator is cautioned against seeking to impose “gag” orders on anyone involved. Nor should an investigator threaten disciplinary action or other sanctions against any party or witness discussing the matter. These are not useful tactics and they may constitute a violation of certain federal laws. Indeed, certain private employers must be mindful of the recent decision of the National Labor Relations Board in Banner Health System and Navarro, 358 NLRB 93 (July 30, 2012) (an employer may not apply a rule prohibiting employees from discussing ongoing investigations of employee insubordination as this violates the National Labor Relations Act).

Some investigators may want to “expedite” matters by conducting an “informal” investigation without written notice to either party. This is problematic. In order for your investigation to be fair to both parties, the parties must know the issue that you are looking into for purposes of the complaint, and they must have an opportunity to be heard on the issue.

Some investigators in educational programs and activities may be hesitant to issue written notices out of concern that students may disseminate the notices via e-mail, Facebook, or the like, thus hindering the ability to conduct a fair investigation.

In such situations, there are a couple of things to keep in mind. First, the Respondent educational institution will (or should) have privacy and confidentiality policies related to these discrimination complaint investigations, and these policies should be widely-published. Although the policies bind the investigator and his or her organizations in respecting the privacy of parties and confidentiality of the investigative process, it may be useful to provide a copy of these policies to the CP or Complainant and the alleged wrongdoer(s). Here, you do not seek to control the actions of the parties (as this a losing battle); rather, you seek to increase their awareness of the importance of confidentiality and privacy in these investigations.

Although “gag” orders and disciplinary threats are not recommended ways to curb open discussions of an ongoing discrimination investigation, the following points can be made verbally and in writing to the parties:

● Acceptance of the complaint of discrimination does not mean that discrimination has occurred. It only means that there is authority to start the investigation of the complaint (i.e. the complaint was timely filed and so on). At this point, information will be gathered from both sides to determine whether each of the allegations in the complaint is proven or not proven. If the allegations are not proven, then a written finding that discrimination is not proven will be issued. If the allegations are proven by a preponderance of the evidence, then a written finding of discrimination will issue.

When issuing a written notice accepting a discrimination complaint for investigation, the investigator may decide to include the following language at the beginning of the written notice:

THIS NOTICE DOES NOT CONSTITUTE A FINDING THAT ANY DISCRIMINATION HAS OCCURRED. THE SOLE PURPOSE OF THIS NOTICE IS TO INFORM THE PARTIES THAT I HAVE RECEIVED A DISCRIMINATION COMPLAINT AND I HAVE AUTHORITY TO INVESTIGATE IT.

An investigator can reinforce his or her expectations that the parties should focus their energies on aiding with the investigation. The investigator, in turn, will focus on getting to the bottom of the allegations made to determine whether prohibited discrimination took place.

● An investigator should make clear that the conduct of the CP or Complainant and the Respondents during the investigation will be considered in determining whether the investigative process is being improperly utilized to harass a party, retaliate against a party, or the like. And, any written communications of the parties at the time of the incident at issue, including e-mail exchanges and postings on social media may be gathered and analyzed to determine the motives of the parties.

● The parties should be reminded that the purpose of the investigative process is not to threaten, intimidate, retaliate against, or humiliate either party. They should understand that it is the investigator’s job to develop the evidence and determine what happened.

● The one person whose conduct can be controlled in this entire process is that of the investigator. To maintain credibility, an investigator must be discrete, non-judgmental with both parties, and confidential in his or her words (written and verbal) and actions. An investigator should not discuss the investigation with co-workers, friends, or family. There should be no interference from outside sources seeking to dictate the course and/or outcome of the investigation. And, the investigator must have authority to report directly to the highest-ranking official of the agency, company, or organization. The parties have come to the investigator because they need to have a problem solved. The investigator should be part of the solution to the problem as opposed to being part of its continuation or escalation.

● It is important for an investigator to be organized and to resolve the complaint as soon as practicable. Whether the discrimination complaint stems from the operation of a government program or conduct in the workplace, efforts at counseling and/or mediation early in the process can be very helpful.

● Finally, complaints of harassment and hostile environment present some additional challenges for the investigator. Prior to the filing of any such complaint, leadership at an agency, company, educational institution, or other organization must make sure it has specific written steps in place for separating the individuals involved. Although an investigator must gather evidence and statements to determine whether the allegations of harassment and hostile environment are proven by a preponderance of the evidence, steps must be taken in the interim to provide relief and protection for the CP or Complainant from the alleged wrongdoer(s). And, for such complaints arising in the workplace, the EEOC encourages the investigator to keep the identity of the Complainant, and the information collected, as confidential as possible. There is a reality that the investigator needs to be able to collect evidence and question witnesses about the event at issue. The idea, however, is that the investigator should exercise diligence and caution, and should refrain from openly discussing the investigation in the workplace.

√ The final determination

Once the investigation is completed, a written determination of findings and conclusions must be sent to the parties. In complaints involving federally funded programs and activities, the federal funding agency also may require that you submit a copy to it. And, some federal funding agencies require that the written determination be sent to the state Governor’s office. The determination should provide the parties with a notice of any appeal rights available to them should they wish to challenge the determination. Similarly, final agency actions issued after investigation of workplace disputes must comply with EEOC requirements. For a description of those requirements, go to www.eeoc.gov.

Again, the investigator should not offer side comments or other statements to anyone. The determination will speak for itself and it should be only in the hands of the persons who are required to be notified. Otherwise, the investigative file containing notes, evidence, witness statements, notices, and determinations must be kept confidential, and secured in a location with limited (“need to know”) access.

√ About Seena Foster

Seena Foster, award-winning civil rights author and Principal of the discrimination consulting firm, Title VI Consulting, LLP in Alexandria, Virginia, provides expertise and guidance in the areas of civil rights compliance and discrimination complaint investigations related to the delivery of federally-assisted workforce development programs and activities. Her customers include state and local governments, K-12 public school systems, colleges and universities, private companies, private counsel, and non-profit organizations. You may contact her at seena@titleviconsulting.com, or visit her Web site at www.titleviconsulting.com for additional information regarding the services and resources she offers.

By way of background, in 2003, Ms. Foster served as a Senior Policy Analyst to the U.S. Department of Labor’s Civil Rights Center (CRC). In that capacity, she led a team of equal opportunity specialists to conduct disability-based technical assistance reviews of One-Stop centers, and she assisted the CRC’s leadership in preparing for limited English proficiency-based compliance reviews. Ms. Foster also analyzed and weighed witness statements and documents to prepare numerous final determinations for signature by the CRC Director, which resolved discrimination complaints under a variety of federal civil rights laws such as Title VI of the Civil Rights Act, the Age Discrimination Act, the Rehabilitation Act, the Americans with Disabilities Act, and Section 188 of the Workforce Investment Act. In 2006, Ms. Foster received the Secretary of Labor’s Equal Employment Opportunity Award in recognition of “exceptional efforts to ensure that individuals with disabilities have full access to employment and related services and benefits at the Nation’s One-Stop Career Centers.” And, at the request of the CRC, Ms. Foster served as a popular workshop speaker at national equal opportunity forums co-sponsored by the CRC and the National Association of State Workforce Agencies. Her presentations covered topics such as the WIA Section 188 disability checklist, conducting discrimination complaint investigations and writing final determinations, and conducting investigations of allegations involving harassment and hostile environment.

With a passion for ensuring nondiscrimination and equal opportunity in the delivery of federally-assisted programs and activities, Ms. Foster remains highly active in the field through her series of on-demand webcasts for equal opportunity professionals as well as through on-site training, and assistance developing policies and procedures designed to ensure compliance with applicable federal civil rights laws. Her training in the areas of compliance and complaint investigations has been described as “dynamic,” “hitting the nail on the head,” “well-organized,” and “informative.” And, her award-winning book on conducting discrimination complaint investigations is viewed as “eye-opening” and “the best on the market.” In 2007, Ms. Foster was certified as a mediator by the Virginia Supreme Court, and later obtained “Federal Workplace Mediation” certification through the Northern Virginia Mediation Service.

She is a member of the Discrimination Law and Human Rights Law Committees of the International Bar Association. Ms. Foster received her undergraduate degree from Michigan State University, and she has a Juris Doctorate from The George Washington University Law School.

Office of Disability Employment Policy Newsletter (March 28, 2014)

Saturday, March 29th, 2014

In Pursuit of Inclusive Technology — Assistant Secretary Martinez at CSUN Conference

Hundreds of attendees at the International Technology and Persons with Disabilities Conference sponsored annually by California State University of Northridge (CSUN) gathered last week to explore the vital importance of ensuring technology is accessible to people with disabilities. Assistant Secretary of Labor for Disability Employment Policy Kathy Martinez delivered the event’s keynote address on March 20, during which she talked about the U.S. Department of Labor’s efforts to promote the development and adoption of accessible workplace technology by America’s employers, as well as the government’s use of new technologies to advance collaborative policymaking and outreach. “While I’ve certainly experienced the frustration of workplace technology that is not accessible,” said Martinez, “I’ve also seen the promise of universally designed technology that can empower all of us to excel and fully participate — at work, and in life.”

National Online Conversation for Change on Social Media Accessibility Open through April 4

Through April 4, members of the public are invited to participate in a national online dialogue, “Advancing Accessibility and Inclusion in Social Media — The User Experience,” to examine the accessibility barriers of social media tools faced by individuals with disabilities, including job seekers and workers. Co-hosted by the Office of Disability Employment Policy (ODEP) and the National Council on Disability (NCD), this event aims to explore the value of social media in the lives of people with disabilities, particularly around work, and to identify accessibility issues and creative approaches to making social media tools more accessible and usable for everyone. The information gathered from this dialogue will then help NCD and ODEP further collaborate with the social media industry to implement solutions and improve the accessibility of these online tools. The dialogue is the first in a series of three social media accessibility online events to take place over the next three months.

Online Dialogue to Help Shape the 2014 NDEAM Theme Closes March 31

The national online dialogue to share ideas for this year’s National Disability Employment Awareness Month (NDEAM) theme is coming to a close on March 31. There is still time to submit your suggestions for a theme that reminds everyone of the valuable skills and talents that people with disabilities bring to the workplace. Don’t miss your chance to contribute to the conversation!

WRP.jobs Online Job Board Open to Private Sector Employers

Private sector employers can now use WRP.jobs, a free online job board, to find pre-screened college students and recent graduates with disabilities looking for internships and permanent positions through the Workforce Recruitment Program (WRP). WRP candidates represent all majors and include graduate and law students, as well as veterans. The WRP is a government-wide program co-sponsored by the Department of Defense and the Department of Labor to increase employment of people with disabilities in the federal workforce. Through WRP.jobs, interested non-federal employers can post permanent and temporary positions and WRP students can search and apply for these positions using employers’ standard application processes. WRP.jobs is a pilot project developed through a collaboration between the Employer Assistance and Resource Network (EARN), the organization that administers the WRP program for non-federal employers, and DirectEmployers, a non-profit consortium of global employers.

OFCCP Launches New Outreach and Recruitment Database for Contractors

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) recently launched a database to help contractors find qualified workers with disabilities and veterans, and to assist contractors with establishing relationships with national organizations and local community groups that have access to these workers. Contractors, as well as others, can visit OFCCP’s Disability and Veterans Community Resources Directory on the OFCCP website. This new resource supplements the agency’s existing Employment Resources Referral Directory.

LEAD Center Releases March Policy Update — Employment, Health Care and Disability

The March 2014 issue of the LEAD Center’s Policy Update — Employment, Health Care and Disability is now available. This monthly update, created in collaboration with the Autistic Self Advocacy Network, provides policymakers, disability service professionals, individuals with disabilities and their families with information about relevant policy developments regarding Medicaid, the Affordable Care Act and related topics, with a focus on improving employment outcomes for individuals with disabilities. The March edition features stories on the President’s proposed 2015 budget, a recent webinar series hosted by ODEP, CMS and the LEAD Center, states considering private health coverage to low-income adults, a study on the benefits of Medicaid expansion for uninsured people with mental illness and Pennsylvania’s proposed Medicaid expansion.

Fall White House Internship Program — Applications Due April 13

The White House Internship Program provides a unique opportunity to gain valuable professional experience and build leadership skills. This hands-on program is designed to mentor and cultivate today’s young leaders, strengthen their understanding of the Executive Office and prepare them for future public service opportunities. The White House Internship Program’s mission is to make the “People’s House” accessible to future leaders from around the nation. The application for the Fall 2014 White House Internship Program is now open and the deadline is April 13, 2014.

Civil Rights News From Secretary Duncan and the U.S. Department of Education

Friday, March 21st, 2014

Friend,

Equity – the push to ensure strong educational opportunity for every student – drives everything we do at the U.S. Department of Education, and particularly in the Office for Civil Rights. From preschool enrollment to college attendance and completion, our office’s work is grounded in the belief that all students, regardless of race, gender, disability, or age, need a high-quality education to be successful.

Yet despite the gains we’ve made as a country, too many students are not receiving the education they deserve, and it is our collective duty to change that. Data is crucial to this work and helps us understand the extent of educational inequity throughout the U.S. and make informed decisions for action.

Since 1968, the Civil Rights Data Collection (CRDC), formerly the Elementary and Secondary School Survey, has collected data on key education and civil rights issues in our nation’s public schools. Our office uses this data to focus our equity efforts and monitor the effectiveness of our programs. Earlier today we released new data from the 2011-12 collection, and for the first time since 2000, we collected data from every public school in the nation. This newest collection also includes data on preschool suspensions and expulsions for the first time as well.

Below are five striking new facts from the 2011-12 CRDC collection:

Access to preschool is not a reality for much of the country. About 40 percent of public school districts do not offer preschool, and where it is available, it is mostly part-day only. Of the school districts that operate public preschool programs, barely half are available to all students within the district.

Suspension of preschool children. Black students represent 18 percent of preschool enrollment but 42 percent of preschool students suspended once, and 48 percent of the preschool students suspended more than once.

Access to courses necessary for college is inequitably distributed. Eighty-one percent of Asian-American high school students and 71 percent of white high school students attend high schools where the full range of math and science courses are offered (Algebra I, geometry, Algebra II, calculus, biology, chemistry, physics). However, fewer than half of American Indian and Native-Alaskan high school students have access to the full range of math and science courses in their high schools. Black students (57 percent), Latino students (67 percent), students with disabilities (63 percent), and English learner students (65 percent) also have diminished access to the full range of courses.

Access to college counselors is uneven. Nationwide, one in five high schools lacks a school counselor.

Disparities in high school retention. Twelve percent of black students are retained in grade nine – about double the rate that all students are retained (six percent). Additionally, students with disabilities served by IDEA and English learners make up 12 percent and five percent of high school enrollment, respectively, but 19 percent and 11 percent of students held back or retained a year, respectively.

Learn more about the CRDC at ocrdata.ed.gov.

WIA EO Officers and Equal Opportunity Professionals in Federally-Funded Programs: Assistance Developing Nondiscrimination Policies and Procedures

Friday, March 7th, 2014

Often, you know the civil rights laws that apply to your federally-assisted programs and activities (such as Title VI of the Civil Rights Act, the Rehabilitation Act, the Age Discrimination Act, the Workforce Investment Act, Title IX of the Education Amendments Act, and so on), but you get stuck trying to figure out how to implement these laws on the ground. We can help.

We will work with you to develop policies and procedures tailored to the structure of your organization, and the nature of the federally-assisted programs and activities you offer. There are a variety of procedures required to document your compliance with civil rights laws, including:

● Discrimination complaint procedures
● Procedures for assessing corrective actions and sanctions
● Procedures for serving limited English proficient (LEP) populations
● Procedures for serving persons with disabilities and handling accommodation requests
● Procedures for handling religious-based accommodation requests
● Procedures for gathering, handling, and storing medical information
● Procedures for including required assurances on all agreements as well as the use of taglines, posting the “Equal Opportunity Is the Law” posters, and data collection

We also offer a variety of consultation services, training, and off-site desk audits of your website and other written materials to help you ensure your organization’s compliance with federal civil rights requirements, and we work hard to provide the most cost-effective and practical recommendations for you. Failure to comply with federal civil rights laws in delivering aid, services, training, or benefits to the public may result in the loss of funding.

You’ll find more information about our services at www.titleviconsulting.com. Our customers appreciate the thoroughness and timeliness of our work. As an example, one senior county executive commented, “Your procedures document is very comprehensive and inclusive of all that I am aware that we need and beyond . . . it is a pleasure working with you.”

About Seena Foster.

Seena Foster, award-winning civil rights author and Principal of the discrimination consulting firm, Title VI Consulting, LLP in Alexandria, Virginia, provides expertise and guidance in the areas of compliance and civil rights investigations to state and local governments, colleges and universities, private companies, and non-profit organizations. To that end, she offers one-hour on-demand webcasts, full-day and half-day in-person training sessions, and mediation services addressing a variety of types of discrimination such as racial discrimination, sex discrimination, disability discrimination, age discrimination, and religious discrimination. The federal law on discrimination is complex and affects our workplaces as well as the delivery of our federally funded programs and activities. Her book, Civil Rights Investigations under the Workforce Investment Act and Other Title VI Related Laws: From Intake to Final Determination, has been described as an “eye-opening” reading experience and a “stand-alone” training resource. Ms. Foster’s resources and materials are designed to support the work of civil rights and discrimination professionals in the public and private sectors.

In 2003, Ms. Foster served as a Senior Policy Analyst to the U.S. Department of Labor’s Civil Rights Center (CRC). In that capacity, she led a team of equal opportunity specialists to conduct disability-based technical assistance reviews of One-Stop centers, and she assisted the CRC’s leadership in preparing for limited English proficiency-based compliance reviews. Ms. Foster also analyzed and weighed witness statements and documents to prepare numerous final determinations for signature by the CRC Director, which resolved discrimination complaints under a variety of federal civil rights laws such as Title VI of the Civil Rights Act, the Age Discrimination Act, the Rehabilitation Act, the Americans with Disabilities Act, and Section 188 of the Workforce Investment Act.

In 2006, Ms. Foster received the Secretary of Labor’s Equal Employment Opportunity Award in recognition of “exceptional efforts to ensure that individuals with disabilities have full access to employment and related services and benefits at the Nation’s One-Stop Career Centers.” And, at the request of the CRC, Ms. Foster served as a popular workshop speaker at national equal opportunity forums co-sponsored by the CRC and the National Association of State Workforce Agencies. Her presentations covered topics such as the WIA Section 188 disability checklist, conducting discrimination complaint investigations and writing final determinations, and conducting investigations of allegations involving harassment and hostile environment.

Ms. Foster is a graduate of the George Washington University Law School. You may contact her through www.titleviconsulting.com.

New Guidance from Justice and Education: Discipline at Educational Institutions and Discrimination (January 8, 2014)

Monday, January 13th, 2014

The U.S. Department of Education and the U.S. Department of Justice issued joint guidance designed to help educational institutions develop policies and procedures for discipline that comply with applicable federal civil rights laws.

The January 8, 2014 press release:

The U.S. Department of Education (ED), in collaboration with the U.S. Department of Justice (DOJ), today released a school discipline guidance package that will assist states, districts and schools in developing practices and strategies to enhance school climate, and ensure those policies and practices comply with federal law. Even though incidents of school violence have decreased overall, too many schools are still struggling to create positive, safe environments. Schools can improve safety by making sure that climates are welcoming and that responses to misbehavior are fair, non-discriminatory and effective. Each year, significant numbers of students miss class due to suspensions and expulsions—even for minor infractions of school rules—and students of color and with disabilities are disproportionately impacted. The guidance package provides resources for creating safe and positive school climates, which are essential for boosting student academic success and closing achievement gaps.

“Effective teaching and learning cannot take place unless students feel safe at school,”U.S. Secretary of Education Arne Duncan said. “Positive discipline policies can help create safer learning environments without relying heavily on suspensions and expulsions. Schools also must understand their civil rights obligations and avoid unfair disciplinary practices. We need to keep students in class where they can learn. These resources are a step in the right direction.”

The resource package consists of four components:

The Dear Colleague guidance letter on civil rights and discipline, prepared in conjunction with DOJ, describes how schools can meet their legal obligations under federal law to administer student discipline without discriminating against students on the basis of race, color or national origin;

The Guiding Principles document draws from emerging research and best practices to describe three key principles and related action steps that can help guide state and local efforts to improve school climate and school discipline;

The Directory of Federal School Climate and Discipline Resources indexes the extensive federal technical assistance and other resources related to school discipline and climate available to schools and districts; and

The Compendium of School Discipline Laws and Regulations, an online catalogue of the laws and regulations related to school discipline in each of the 50 states, the District of Columbia and Puerto Rico, compares laws across states and jurisdictions.

“A routine school disciplinary infraction should land a student in the principal’s office, not in a police precinct,”Attorney General Eric Holder said. “This guidance will promote fair and effective disciplinary practices that will make schools safe, supportive and inclusive for all students. By ensuring federal civil rights protections, offering alternatives to exclusionary discipline and providing useful information to school resource officers, we can keep America’s young people safe and on the right path.”

The guidance package is a resource resulting from a collaborative project—the Supportive School Discipline Initiative (SSDI)—between ED and DOJ. The SSDI, launched in 2011, addresses the school-to-prison pipeline and the disciplinary policies and practices that can push students out of school and into the justice system. The initiative aims to support instead school discipline practices that foster safe, inclusive and positive learning environments while keeping students in school. The Department of Justice enforces Title IV of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race or national origin in public schools, and Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color or national origin by schools, law enforcement agencies, and other recipients of federal financial assistance.

The guidance package also results from President Obama’s Now is the Time proposal to reduce gun violence. It called on ED to collect and disseminate best practices on school discipline policies and to help school districts develop and equitably implement their policies. To both continue ED/DOJ efforts in connection with SSDI and fulfill the administration’s commitment to “Now is the Time,” the guidance package was developed with additional input from civil rights advocates, major education organizations and philanthropic partners.

To view the resource documents, visit www.ed.gov/school-discipline.

An excerpt from the introduction to the joint “Dear Colleague” letter

The U.S. Department of Education and the U.S. Department of Justice (Departments) are issuing this guidance to assist public elementary and secondary schools in meeting their obligations under Federal law to administer student discipline without discriminating on the basis of race, color, or national origin. The Departments recognize the commitment and effort of educators across the United States to provide their students with an excellent education. The Departments believe that guidance on how to identify, avoid, and remedy discriminatory discipline will assist schools in providing all students with equal educational opportunities.

The Departments strongly support schools in their efforts to create and maintain safe and orderly educational environments that allow our nation’s students to learn and thrive. Many schools have adopted comprehensive, appropriate, and effective programs demonstrated to: (1) reduce disruption and misconduct; (2) support and reinforce positive behavior and character development; and (3) help students succeed. Successful programs may incorporate a wide range of strategies to reduce misbehavior and maintain a safe learning environment, including conflict resolution, restorative practices, counseling, and structured systems of positive interventions. The Departments recognize that schools may use disciplinary measures as part of a program to promote safe and orderly educational environments.

Regardless of the program adopted, Federal law prohibits public school districts from discriminating in the administration of student discipline based on certain personal characteristics. The Department of Justice (DOJ) is responsible for enforcing Title IV of the Civil Rights Act of 1964 (Title IV), 42 U.S.C. §§ 2000c et seq., which prohibits discrimination in public elementary and secondary schools based on race, color, or national origin, among other bases. The Department of Education’s Office for Civil Rights (OCR) and the DOJ have responsibility for enforcing Title VI of the Civil Rights Act of 1964 (Title VI), 42 U.S.C. §§ 2000d et seq., and its implementing regulations, 34 C.F.R. Part 100, which prohibits discrimination based on race, color, or national origin by recipients of Federal financial assistance. Specifically, OCR enforces Title VI with respect to schools and other recipients of Federal financial assistance from the Department of Education.

The Departments initiate investigations of student discipline policies and practices at particular schools based on complaints the Departments receive from students, parents, community members, and others about possible racial discrimination in student discipline. The Departments also may initiate investigations based on public reports of racial disparities in student discipline combined with other information, or as part of their regular compliance monitoring activities.

This guidance will help public elementary and secondary schools administer student discipline in a manner that does not discriminate on the basis of race. Federal law also prohibits discriminatory discipline based on other factors, including disability, religion, and sex. Those prohibitions are not specifically addressed in this guidance because they implicate separate statutes and sometimes different legal analyses (although this guidance applies to race discrimination against all students, including students of both sexes and students with disabilities). Schools are reminded, however, that they must ensure that their discipline policies and practices comply with all applicable constitutional requirements and Federal laws, including civil rights statutes and regulations.

Office of Disability Employment Policy Newsletter (October 25, 2013)

Friday, October 25th, 2013

Assistant Secretary Martinez Posts Blog on NDEAM 2013: Because We Are EQUAL to the Task

In honor of National Disability Employment Awareness Month (NDEAM) in October, assistant secretary of labor for disability employment policy Kathy Martinez posted a blog on the significance of the 2013 NDEAM theme, “Because We Are EQUAL to the Task.” Noted Martinez, “[NDEAM is] a time to elevate our thinking about whom we include in a disability context, and how we think about disability issues. Because only then can we ensure that more qualified individuals have the chance to demonstrate that they are EQUAL to the task.”

Workforce Recruitment Program Makes Temporary Changes for 2013

The Workforce Recruitment Program (WRP) is a resource to connect employers nationwide with college students and recent graduates with disabilities who are eager to prove their abilities in the workplace. WRP’s annual interview season was scheduled to begin on October 1st, the same day the federal government shutdown began. During the shutdown, federal employees could not conduct work of any kind. Post-shutdown, WRP recruiters — who volunteer to do this each year in addition to their normal work — now must focus on agency work. Given the circumstances, we have changed the process for evaluating all 4,000 candidates and entering their profiles into the WRP database in order to prevent a delay to the database launch scheduled for mid-December. To facilitate these tasks this year, recruiters will evaluate candidates based on their online profiles (resume, transcript and an Interview Questions form with answers provided in writing by students) and will not conduct interviews with students. We anticipate returning to the regular WRP interview process in 2014.

Healthy Transitions Policy Brief Highlights Health, Wellness and Employment for Youth

The Office of Disability Employment Policy (ODEP) frames its youth-policy work around the Guideposts for Success (Guideposts), a series of principles articulating what all youth, including those with disabilities, need to transition successfully into adulthood. One key element of the Guideposts is Connecting Activities, which emphasize access to programs, services, and activities that help youth prepare to self-manage their health care needs, pursue meaningful careers, and make informed choices in their lives. To better understand the interdependence of health and wellness, and employment, ODEP commissioned a study on health care transition in 2012. A policy brief, “Healthy Transitions: A Pathway to Employment for Youth with Chronic Health Conditions and Other Disabilities” presents highlights from that research study.

Federal Partners in Transition Releases Report from the National Online Dialogue

The Federal Partners in Transition National Online Dialogue was held from May 13 to May 27, 2013. Hosted by the U.S. Departments of Labor, Education, Health and Human Services and the Social Security Administration, the National Online Dialogue invited people to share their ideas and comments about federal legislative and regulatory barriers and other opportunities to improve transition outcomes for youth with disabilities. Based on this input, a report entitled Federal Partners in Transition National Online Dialogue: Participation Metrics was developed to summarize the dialogue’s results. These responses will help to frame the efforts of the dialogue hosts to work together strategically to develop a plan to improve transition results for youth with disabilities by 2020.

Department of Labor Publishes Poster on Social Media Accessibility

To celebrate National Disability Employment Awareness Month (NDEAM) the Department of Labor produced a poster highlighting DOL’s commitment to accessibility in its use of social media. The poster, which appeared in elevators at DOL’s National Office in Washington, DC, provides tips on how to achieve social media accessibility.

Bureau of Labor Statistics Releases Youth Employment Rate Numbers for September 2013

Employment data for youth with and without disabilities is obtained from the Current Population Survey (CPS), a monthly survey of households conducted by the U.S. Census Bureau for the Bureau of Labor Statistics.

For more information, go to www.dol.gov/odep.

Office of Disability Employment Policy Newsletter (October 18, 2013)

Friday, October 18th, 2013

National Disability Employment Awareness Month Celebration Continues

October is National Disability Employment Awareness Month (NDEAM), and with two weeks left in the month there is still plenty of time to celebrate at work, at home and in your community. Visit the NDEAM pages on the website of the Office of Disability Employment Policy to view the 2013 Presidential Proclamation, get ideas from the “What you CAN do!” calendar, and utilize the Resource Toolbox. Remember to tell us about your NDEAM activities on the Campaign for Disability Employment website!

LEAD Center Issues Quarterly LEAD On! Newsletter

The LEAD On! newsletter highlights news and innovations in employment, policy and economic advancement for adults with disabilities. The LEAD Center is a collaborative of disability, workforce and economic empowerment organizations led by National Disability Institute with funding from the U.S. Department of Labor’s Office of Disability Employment Policy. The LEAD Center is dedicated to advancing sustainable individual and systems-level change to improve competitive, integrated employment and economic self-sufficiency for adults across the spectrum of disabilities.

Job Accommodation Network Announces 2013/2014 Webinar Series

Registration for the Job Accommodation Network (JAN) 2013/2014 Monthly Webcast Series is now open. The Series will focus on accommodation solutions and the Americans with Disabilities Act (ADA). With guest speakers peppered throughout the year, JAN experts and guests will present one hour trainings on accommodations for epilepsy, fragrance sensitivity, and those who use personal assistants as workplace accommodations; current events in accommodation; low cost solutions; self-employment strategies; and the employment provisions of the ADA. It’s free and will fill to capacity quickly so register now!

Employer Assistance and Resource Network Releases EARN|Exchange Blog: What Disability Inclusive Practices & Policies Do Employers Implement?

This EARN|Exchange blog addresses ways that employers can implement inclusive HR practices and policies as they look to increase their hiring and retention of employees with disabilities. The article highlights recent research by Cornell University in collaboration with the Society for Human Resources Management (SHRM) that provides insights for employers about inclusive practices implemented by their peers and competitors.

For more information, go to www.dol.gov/odep.

U.S. Commission on Civil Rights: Discipline and Disparate Impact at Educational Institutions

Friday, October 18th, 2013

The following is the Letter of Transmittal and Executive Summary of a briefing on school discipline and disparate impact before the U.S. Commission on Civil Rights. The full text of the briefing may be found at http://www.usccr.gov/pubs/School_Disciplineand_Disparate_Impact.pdf.

Although the briefing focuses on “schools and school districts,” it offers valuable insights for all educational institutions, including colleges and universities.

School Discipline and Disparate Impact Briefing Before The United States Commission on Civil Rights
Held in Washington, DC
Briefing Report

Letter of Transmittal
The President
The President of the Senate
The Speaker of the House

Sirs:

The United States Commission on Civil Rights (“Commission”) is pleased to transmit this report, School Discipline and Disparate Impact. The report is drawn from a briefing that the Commission held on February 11, 2011 that examined the effect that the U.S. Department of Education’s Fall 2010 Disparate Impact initiative has had on schools and school districts across the country. This federal initiative was implemented to look at differences in discipline outcomes between students of color and other similarly-situated students.

The initiative’s aim is to identify whether the application of exclusionary discipline policies has had a disparate impact on students of color. During the briefing the panelists, teachers and administrators from racially diverse public school districts described how their particular schools have responded to this initiative. The Commission inquired as to whether the schools have changed their policies and practices and what those changes have been. In addition, the Commission inquired into whether school districts maintain comprehensive data that allows them to track the effectiveness of their discipline policies; whether teachers are appropriately trained to implement these policies; and what other methods are being used by districts to evaluate the effectiveness of their policies. Finally, the U.S. Department of Education provided background information on its disparate impact initiative and how the disparate impact theory is being implemented in its enforcement work.

The briefing identified a common theme among most of the teachers. This is that disciplinary problems can be greatly reduced through individualized instruction based on the student’s capabilities, cultural sensitivity or competency, parental involvement and support, and effective school leadership. School administrators indicated that disciplinary problems could be reduced through consistent application of a transparent and uniform school-wide disciplinary policy. Many of the school administrators also indicated that they had successfully reduced discipline disparities and overall expulsions through the adoption of nationally-tested behavior management programs.

This report was unanimously approved on October 21, 2011 by Chairman Martin R. Castro, Vice Chair Abigail Thernstrom, and Commissioners Roberta Achtenberg, Todd Gaziano, Gail Heriot, Peter Kirsanow, David Kladney, and Michael Yaki.

For the Commission,
Martin R. Castro
Chairman

Executive Summary

The Commission held a briefing entitled, “School Discipline and Disparate Impact” on February 11, 2011 to examine the effect of the U.S. Department of Education’s disparate impact initiative announced in the fall of 2010 for schools and school districts across the country. The Commission asked teachers and administrators from racially diverse public school districts how they have responded to the new initiative; specifically, whether their teachers and administrators have changed their policies and practices as a result, and what those changes were. The Commission was interested also in whether the districts kept statistics to track the effectiveness of policies; how they train their teachers in implementing discipline policies; and what other means the districts used to evaluate whether their policies worked.

The Commission asked the U.S. Department of Education (ED or Department) to describe its disparate impact initiative and supply case documents indicating the manner in which the Department implemented disparate impact theory in its enforcement work. The Department’s civil rights enforcement unit, the Office for Civil Rights (OCR), provided documents relating only to closed cases, which showed investigations that proceeded to resolution based initially on a disparate impact theory. The Department’s policy as stated during the briefing is that statistically disparate results create a presumption of discrimination that must be rebutted by the school or district with evidence that the school or district has a legitimate educational justification and that there are no equally effective alternative policies that would achieve the school’s educational goals. The Department indicated that it would continue to use disparate impact theory in its investigations, including those currently open, in addition to disparate treatment theory.

Teachers appearing before the Commission were Mr. Allen Zollman, Ms. Andrea Smith, Ms.Jamie Frank, Mrs. Louise Seng, and Mr. Patrick Welsh. Administrators appearing before the Commission were Ms. Suzanne Maxey, Principal at TC Williams High School in Alexandria City, Virginia; Dr. Osvaldo Piedra, Assistant Principal, East Lake High School, Pinellas County, Florida; Mr. Joseph Oliveri, Retired Director of Alternative Schools for the Austin Independent School District, Texas; Mr. Edward Gonzalez, Associate Superintendent, Department of Prevention and Intervention, Fresno Unified School District, Fresno County, California; Dr. Hardy Murphy, Superintendent, Evanston/Skokie District 65, Cook County, Illinois; Dr. Hertica Martin, Executive Director for Elementary and Secondary Education, Rochester Public Schools, Olmstead County, Minnesota; and Dr. Douglas Wright, Superintendent, San Juan School District, Blanding, Utah. Mr. Ricardo Soto, Principal Deputy Assistant Secretary for Civil Rights, Office for Civil Rights, U.S. Department of Education, appeared for the Department.

Points of agreement among most of the teachers were that disciplinary problems were greatly reduced among all students by attention to appropriate levels of difficulty in instructional materials, sensitivity to individual students and their backgrounds, parental involvement and support, and effective leadership by a school principal. Most, but not all of the teachers reported no effort by school administrators to interfere with classroom discipline, but some reported onerous procedural and paperwork burdens before any disruptive student could be removed from class.

Points of agreement among the school administrators were the importance of the following: telling students what the rules are; why the school has those rules, what the consequences are for violating those rules, and being consistent in applying the rules. Also effective in their view was maintaining an approach that sought ways to change the school to better meet the needs of the students, rather than inflexibly following a pre-set view or imposing zero-tolerance rules that students knew produced unfair results; training teachers in understanding different cultures and personalities; devising special programs for behaviorally high-risk students; instituting parent engagement and education programs; and/or adopting one of several nationally-tested behavior management programs that had reduced disparities and overall expulsions in other districts.

Two of the speakers (Dr. Wright, San Juan, Utah and Dr. Martin, Rochester, Minnesota) were administrators from districts currently under investigation by the U.S. Department of Education’s Office for Civil Rights for possible violations under the new discipline initiative. Dr. Wright’s district uses nationally-tested behavioral support programs mentioned by other speakers, expanded the role for guidance counselors, and instituted a student support system; Dr. Martin’s district uses some of the same techniques and nationally-tested programs discussed in the briefing. Mr. Soto of the U.S. Department of Education’s Office for Civil Rights (OCR) provided an overview the office’s work and mission, which is to ensure equal access to education through vigorous enforcement of civil rights. Mr. Soto stated that OCR’s disparate impact initiative stemmed from data showing a sharp increase in the numbers of students nationwide who were suspended or expelled, which OCR views as an indication of possible violations of Title VI of the Civil Rights Act of 1964 and addresses using both disparate treatment and disparate impact theories.

Office of Disability Employment Newsletter (September 27, 2013)

Friday, September 27th, 2013

Assistant Secretary Martinez Hosts Employment First Education Series

In an effort to promote federal support for a National Employment First Strategic Policy Framework, Assistant Secretary for Disability Employment Policy Kathy Martinez spearheaded an Employment First Policy Education Series September 18-20 in Washington, D.C. Employment First is a framework for systems change centered on the premise that all citizens, including individuals with the most significant disabilities, are capable of full participation in integrated employment and community life.

October Is National Disability Employment Awareness Month (NDEAM)

The Office of Disability Employment Policy (ODEP) announces 31 Things You Can Do in your workplace and your community during the month of October. Ideas range from putting up an NDEAM poster, to reaching out to local media, to educating employees about disability employment issues. ODEP encourages everyone to use these ideas to stimulate new ones that recognize disability employment throughout the year!

National Disability Employment Awareness Month (NDEAM) Posters Appear in Washington, DC Metro Stations

The 2013 NDEAM posters are beginning to pop up at various Metro stations throughout the Washington, DC area. Once fully posted they will appear at the Benning Road, Capitol Heights, Cheverly, Cleveland Park, and Shaw-Howard U stations. If you spy one, send us a photo at ODEP@dol.gov!

U.S. Department of Labor Announces $9.7 Million in Continued Funding for Office of Disability Employment Policy Initiatives

The U.S. Department of Labor’s Office of Disability Employment Policy (ODEP) has awarded a total of $9,721,837 in continued funding for organizations managing consortia that develop models, provide technical assistance and share best practices to improve employment opportunities for people with disabilities. The initiatives include Add Us In; the Job Accommodation Network (JAN); the National Technical Assistance, Policy, and Research Center for Employers on Employment of People with Disabilities; the National Technical Assistance and Demonstration Center on Preparing Youth with Disabilities for Employment; the National Center on Leadership for Employment and Advancement of Citizens with Disabilities (LEAD Center); and the Partnership on Employment and Accessible Technology Center (PEAT).